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HomeMy WebLinkAbout1982-12-21; City Council; 7244; CMC 2.44 amendment- CIT\-)F CARLSBAD - AGENDA JILL TITLE: PROPOSED AMENDMENT TO TITLE 11, 12-21-82 CHAPTER 2.44, CARLSBAD MUNICIPAL IITG. plnnw I PER IEPT. LULJL DEPT. HD..L CITY MOR..= CITY ATTYfi RECOMMENDED ACTION: City Council adopt Ordinance No. /ddo. City Council adopt Resolution No. 7/02. ITEM EXPLANATION: The Personnel Board serves a dual purpose. The board is a fourth and last level of employee grievances, making advisory recommenda- tions to the City Manager. The board also hears employee appeals and makes advisory recommendations to the City Council. Another need could be served by the board. This would be to hear safety employee appeals resulting from City Manager disapprovals of requesks for Industrial Disability Retirements. Under the present system a safety employee who has incurred a work related injury which prevents the employee from performing their job may request an Industrial Disability Retirement. The City Manager is the authority for approval of Industrial Disability Retire- ments. If the manager disapproves the request,the employee presently has no recourse on the local level. It is the opinion of the City Manager that the employee should be provided an appeal procedure. The manager has met with the Mayor and the members of the Personnel Board to discuss the possibility of utilizing the Personnel Board and its procedures as the structure of an appeal procedure. All parties concurred that this would be a logical employment of the Personnel Board and consequently this recommendation is being made to the City Council for consideration. 'ISCAL IMPACT: No specific fiscal impact can be determined. Additional costs would result from the employment of a reporter to record and transcribe appeals scheduled for the board in the future. EXHIBITS: Ordinhnce No. /2&0 . Resolution No. 7/02. i I '1 2 3 4 5 6 7 .a 9 10 11 12 13 3.4 15 16 17 18 19 20 23. 22 23 24 25 26 27 28 RESOLUTION NO. 7102 A RESOLUTI'ON OFTHE CITY COUNCIL OF THE CITY OF CARLSEAD, CALIFORNIA, DELEGATING TO THE OFFICE OF THE CITY MANAGER THE AUTHORITY ON BEHALF OF THE CITY OF CARLSEAD TO DETERYINE THE NATURE OF DISABILITIES AND TO CERTIFY SUCH DISABILITIES TO THE PUBLIC EMPLOYEES' RETIRJ3MENT SYSTEM. (SECTION 21025, GOVERNMENT CODE) lJHEKEAS, the City of Carlsbad, hereinafter referred to as "Agency", is a oontracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and ... WHEREAS, the City Council of the City of Carlsbad has determined upon legal advice that it may delegate authority to make such determinations to the incumbent of the office of the City Manager and to the Personnel Board of the City of Carlsbad; and WHEREAS, by the adoption of Resolution No. 3402, the City Council of the City of Carlsbad has previously delegated the authority to make such determinations to the incumbent .. office of the City Manager and now desires to establish the Personnel Board of the City of Carlsbad as an appeals board .. for determinations made by the City Manager; . 3 *I. 2 3 4 5 6 7 .e 9 IC 11 12 12 14 1E 1f 2t 2'; 2E NOW, THEREFORE, BE IT RESOLVED, by the City Counsil of Carlsbad as follows: 2) 3) , That the City Council of the City of Carlsbad hereby delegates to the incumbent of the office of City Manager authority to make determinations under Section 21025 of the California Government Code, ombehalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other nec- essary information to the Public Employees' Ret i rement System. That such incumbent City Manager is authorized to make applications on ,behalf of the Agency for disability retirement of employees in employments in which they are local safety members and to initiate requests for reinstatement of such employees who are retired for disability. That a local safety member employee may appeal any decision of the City Manager made pursuant to this resolution, except for those decisions which relate solely to the manner in which the duties of the City Manager hereunder are performed to the Personnel Board of the City of Carlsbad. The Personnel Board shall, after de novo hearing on the matter, make the determinations under Section - 21025 of the Claifornia Government Code of dis- ability and whether Such disability is industrial. 4 , . I .. .i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 the the I. The determination of the Personnel Board shall be final. After a determination by the Personnel Board, the City Manager shall certify such deter- mination by the Personnel Board, and all other necessary information to the Public Employees’ Retirement System. Appeals to the Personnel Board shall be nade in writing‘and filed with the Personnel Director not later than fifteen days after notice of the City Managers determination is mailed to the employee, The hearing by the Personnel Board shall be held at their next regularly scheduled meeting not later than 45 days from the date of the request unless another time is agreed to by the parties. n-: That the City Clerk of the City of Carlsbad is hereby authorized and directed to forward a certified copy of this resolution to the Public Employees’ Retirement System. That this Resolution shall supersedeResolution No. 3402, PASSED, APPROVED AND ADOPTED by the City Council of City of Carlsbad, California, at a regular meeting held on 2lst day of Decenker , 1982, by the following vote, to wit: ATTEST: AYES: NOES: None Council I4mbers Casle?, Lewis, Kulchh, Chid.: and Drescott ABSENT : lJone I Mary Ca$cr, Mayor '1 2 3 F! 9 10 11 12 n 1s 2c 21 22 22 24 25 26 27 28 ORDINANCE NO. 126.0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.44.027 TO AMEND THE DUTIES OF THE PERSONNEL BOARD The City Council of the City of Carlsbad, California OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2, - does ordain as follows: SECTION 1: That Title 2, Chapter 2.44 of the Carlsbad Municipal Code is amended by the addition of the following sentence at the end of the section: "The personnel board shall also hear and decide such other matters as the city council may by resolution determine. EFFECTIVE DATE: This Ordinance shall be effective thirty days after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ a.t a regular meeting of the Carlsbad City Council held on the 21st day of December I 19 52 , and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 4th day of January 1983 by the following vote, to.wit: ' AYES: Council I4mber.s Casler, I;ewis, Kulchin, Chick and Prescott NOES: me ABSENT: None ATTEST: