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.
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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
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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;
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NOW, THEREFORE, BE IT RESOLVED, by the City Counsil
of Carlsbad as follows:
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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
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21025 of the Claifornia Government Code of dis-
ability and whether Such disability is industrial.
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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
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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,
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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: