HomeMy WebLinkAbout2002-03-05; City Council; Resolution 2002-0651
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RESOLUTION NO. 2002-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAFUSBAD, 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 MPLEMENT
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
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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 11 500 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
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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
NOES: None
ABSENT: None
(SEAL)