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HomeMy WebLinkAbout1982-12-21; City Council; Resolution 7102, I *< 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1-8 19 20 21 22 27 24 25 26 27 28 RESOLUTION NO. 7102 A REsOLLJTION OFTHE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DELEGATING TO THE OFFICE OF THE CITY MANAGER THE AUTHORITY ON BEHALF OF THE CITY OF CARLSBAD TO DETERMINE THE NATURE OF DISABILITIES AND TO CERTIFY SUCH DISABILITIES TO THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM. (SECTION 21025, GOVERNMENT CODE) WHEmAS, the City of Carlsbad, hereinafter refkrred to as “Agency”, is a contracting 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 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 4 NOW, THEREFORE, BE IT RESOLVED, by -the City Counsil of Carlsbad as follows: 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, on behalf 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' Retirement 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 < r 2 3 1 1 1 1 1 1 II 1! 2( 2: 2; 22 24 25 26 27 26 4 5) 6) 0 e 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 made 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. 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, 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. The hearing by the Personnel Board PASSED, APPROVED AND ADOPTED by the City Council of of Carlsbad, California, at a regular meeting held on day of December , 1982, by the following vote, to wit: - AYES: NOES: None ABSENT : :Jane council i-rs casler, Lewis, ~ulchin, chick and LDrescmtt