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Home My WebLink About2002-03-05; City Council; 16548; Disability Retirements of Local Safety MembersCITY OF CARLSBAD - AGENDA BILL & ,4 ,B # 16,s 4Y IEPT. HR CITY ATTY &&! DISABILITY RETIREMENTS OF LOCAL SAFETY ITG. 3/5/02 DEPT. HD--$!L. TITLE: MEMBERS AND APPEALS PROCEDURES CITY MGR.~@- ECOMMENDED ACTION: Adopt Resolution No. 2L027birepealing Resolution No. 7102, delegating the City Council’s authority to make certain determinations on applications relating to disability retirements of local safety members and adopting appeals procedures. ITEM EXPLANATION: Whenever a local safety member (i.e., a police officer or firefighter) applies for a disability retirement through the Public Employees’ Retirement System (“PERS”), PERS requires the City to determine whether the safety member “is or is not incapacitated” from the performance of his or her duties. Resolution No. 7102 was adopted by the Carlsbad City Council on December 21, 1982, in order to establish local regulations governing the processing of such disability retirement applications. Pursuant to the provisions of Government Code section 21025, then applicable, this Resolution delegated to the City Manager the authority to make an initial determination on the applicant’s disability and gave the authority to the Personnel Board to make a final decision on an appeal of an applicant from the City Manager’s initial determination. Government Code section 21025 was amended effective January 1992 (and subsequently became section 21156) to add “Appeal hearings shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to {the Administrative Procedures Act} .” Therefore, while the City Council may still grant the City Manager the authority to make the initial determination on an applicant’s disability, the Government Code now prohibits a similar delegation of authority with regard to the appeal process to the City’s Personnel Board. This Resolution would provide for an appeal process that complies with the changes in the law. Government Code section 21 156 requires an appeal to be conducted by an administrative law judge (“ALJ”). Government Code section 11512 provides that “[tlhe agency itself shall determine whether the administrative law judge is to hear the case alone or whether the agency itself is to hear the case with the administrative law judge.” If the agency (City Council) hears the case, the ALJ presides at the hearing. Under Government Code section 11517(c), if the ALJ alone hears the case, he or she issues a proposed decision which the City Council can adopt, modify or reject, in which case it must decide the case on the record and additional argument of the parties. Recent cases interpreting these Government Code provisions as to local safety members of PERS have confirmed that the City must either (1) use an ALJ to hear the case alone and issue a proposed decision to the City Council for its consideration; or (2) hear the case itself with an ALJ presiding. Langan v. City of El Monte 79 Cal.App.4th 608 (2000); Usher v. County of Monterey 65 Cal.App.4th 210 (1998). Therefore, the City Council’s authority cannot now be I delegated to the City’s Personnel Board. We recommend that the City Council choose the first option for these appeals. Resolution No. 20°2-06s would delete the delegation of authority given in Resolution No. 7102 to the Personnel Board of the City to hear and make final decisions on appeals of initial disability determinations. Instead, the proposed Resolution would provide that an Administrative Law Judge would originally hear the appeal alone and issue a proposed decision for consideration by the City Council. Further, the City Manager is authorized to issue procedures to carry out this Resolution, in conformance with the requirements of the California Administrative Procedures Act, Government Code section 11500, et seq. FISCAL. IMPACT For each appeal of an initial disability determination, the City would be required to pay the costs of the Administrative Law Judge, as well as the costs of a certified court reporter. EXHIBITS: 1. Resolution No. 2002-065 a 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING RESOLUTION NO. 7102, DELEGATING ITS AUTHORITY TO MAKE CERTAIN DETERMINATIONS ON APPLICATIONS RELATING TO DISABILITY RETIREMENTS OF LOCAL SAFETY MEMBERS AND TO PROMULGATE RULES AND PROCEDURES TO IMPLEMENT SUCH RESPONSIBILITY, AND ADOPTING APPEALS PROCEDURES. WHEREAS, City Council Resolution No. 7102, adopted on December 21, 1982, delegates to the City Manager the authority to make initial determinations on disability retirement applications of local safety members and to the Personnel Board of the City of Carlsbad to hear.appeals from such initial determinations and make final decisions after a hearing; and WHEREAS, the City Council, based on the advise of legal counsel, desires to revise and clarify the method by which determinations on disability retirement applications of local safety members are made pursuant to Government Code sections 21150 et seq., including the extent of any delegation of authority to make such determinations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1, That the above recitations are true and correct. 2. That the City Council hereby repeals Resolution No. 7102. 3. That the City Council delegates to the City Manager full authority on behalf of the City to make initial safety member determinations, under Government Code sections 21150, et seq., of disability, of whether such disability is industrial, and all related determinations and to certify such determinations, and all other necessary 1 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 28 information to Public Employees’ Retirement System (“PERS”). This shall include the authority of the City Manager to delegate the initial determination on disability retirement to his or her designee. 4. That in appeals from the initial determination, a hearing presided over by an administrative law judge pursuant to Government Code section 11512 shall be conducted. The administrative law judge is to originally hear the case alone and prepare a proposed decision for consideration by the City Council pursuant to Government Code section 11517(c). 5. That the City Manager is authorized and directed to promulgate such written rules and procedures as appropriate to carry out this Resolution, provided however, that any rules governing appeals from the initial decision must conform to requirements of the California Administrative Procedures Act, Government Code sections 11500 et seq. 6. That the City Manager or his or her designee is authorized to make applications on behalf of the City for disability retirement and to initiate requests for reinstatement, when appropriate, of such employees who are on disability retirement. 7. That the City Manager or his or her designee for the initial determination on disability retirement applications and appeals may conduct a review of disability retirement applications, solicit necessary evidence, engage in investigations deemed necessary and refer applicants to City selected medical authorities, and take whatever additional steps are reasonably necessary for the required determination and appeal. 8. That this Resolution applies to all disability retirement applications of safety employees now pending or hereafter filed, and supersedes prior Resolutions on this issue. Ill 1 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 28 9. That the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council, held on this 5th day of MARCH , 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall ATTEST. INE M. WOOD, City Clerk (SEAL)