HomeMy WebLinkAbout1974 007 CC RESO1974 007 CC RESO (Ìì ú „ RESOLUTION NO. 74-7
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AUTHORIZING
AE CITY MANAGER TO MAKE DETERMINATIONS
PURSUANT TO SECTION 21023.6 OF THE
GOVERNMENT CODE ON BEHALF OF THE CITY
OF BALDWIN PARK RELATING TO DISABILITY
RETIREMENT OF SAFETY EMPLOYEES OF THE
CITY AND ESTABLISHING A HEARING
PROCEDURE FOR SAID DETERMINATIONS
WHEREAS, the City of Baldwin Park hereinafter referred
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 employement 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 Baldwin Park has
heretofore determined upon legal advice that it may delegate
authority to make such determinations to the incumbent of the
position of City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby delegate to the
incumbent of the position of City Manager authority to make
determinations under Section 21023.6 of the Government Code,
on behalf of said Agency, of disability and whether such
disability is industrial and to certify such determinations
and all other necessary information to the Public Employees'
Retirement System.
SECTION 2. The incumbent City Manager is hereby authorized
to make determinations pursuant to Section 21023.6 of the
Government Code, on behalf of the Agency, of disability and
whether such disability is industrial and to certify such
determinations and all other necessary information to the Public
Employees' Retirement System.
SECTION 3. The incumbent City Manager is hereby 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,
SECTION 4. The procedures attached hereto, marked Exhibit
A" and incorporated herein by this reference are hereby
adopted and established as the procedures of the City of Baldwin
Park for the determination of disability pursuant to Section
21023.6 of the Government Code.
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1974 007 CC RESO (Ìì ú „ Resolution No. 74-7
Page No. 2
SECTION 5. The City Clerk shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 16th day of January, 1974.
/ / /
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MAYOR PRO TEM
ATTEST:
THELMA L. BALKUS, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, THELMA L. BALKUS, City Clerk of the City of Baldwin
Park do hereby certify that the foregoing Resolution was duly
and regularly passed and adopted by the City Council of the
City of Baldwin Park at its regular meeting held on the 16th
day of January, 1974, by the following vote:
AYES; COUNCILMEN BLEWETT, GREGORY, HAMILTON AND MC CARON
NOES s COUNCILMEN__________
ABSENT: COUNCILMEN MAYOR KING
THELMA L. BALKUS, CITY CLERK
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1974 007 CC RESO (Ìì ú „ Resolution No. 74-7
EXHIBIT A'
DISABILITY RETIREMENT PROCEDURE FOR SAFETY EMPLOYEES
1. Determination of Disability- Whenever an applica-
tion for disability retirement is filed with the Public
Employees' Retirement System, by any party, for disability
retirement of a local safety member, as that term is defined
by the applicable provisions of state law, the City Manager
shall thereafter conduct a duly noticed informal hearing to
determine whether said employee is incapacitated physically
or mentally for the performance of the duties of his position
When it is determined that said employee is so incapacitated,
he shall be terminated or placed on disability retirement
status.
2. Notice of Hearing. Written notice of such hearing
shall be given to the affected employee by United States
Certified Mail, Return Receipt Requested, or by personal
service on said employee, at least ten 10) days in advance
of such hearing. Notice shall be deemed complete upon
receipt thereof by the employee.
3. Representation at Hearing. The City shall be
represented at said hearing by the City Personnel Officer or
his designated representative. The employee shall have the
right to be represented by himself or any other person he so
selects.
4. Evidence of Disability- Prior to the notice of
hearing, the City shall submit to the employee a list of not
less than three 3) doctors, chosen by the City, from which
list the employee shall select one doctor by whom he shall
immediately thereafter report to for medical and/or psychia-
tric examination, depending upon the nature of the alleged
disability. The results of such examination shall be sub-
mitted to, and considered by, the City Manager at said hear-
ing. The employee shall have the right to submit any inde-
pendent medical evidence he desires at said hearing*
In addition, either party may submit any other and
additional evidence, either oral or documentary, which is
relevant to the determination as to whether the employee is
incapacitated, physically or mentally, for the performance
of the duties of his position.
13 Decision. Based upon the evidence presented, the
City Manager shall determine whether such employee is in-
capacitated physically or mentally for the performance of
the duties of his position and termination of his employment
for that reason and shall immediately thereafter notify the
Public Employees' Retirement System of his decision. The
decision of the City Manager shall be final and conclusive.
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