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HomeMy WebLinkAboutReso 136-1998RESOLUTION NO. 136-98 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ESTABLISHING A PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES UNDER THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco that following the filing of an application for industrial disability retirement by a local Safety Officer under the California Public Employees' Retirement System (CalPERS) the following procedures shall be employed: An initial determination will be made by the City Manager upon medical and other available evidence offered by either the applicant or the City to determine whether the applicant is incapacitated from the performance of duty. The determination shall be made within six months of the date of the receipt by the City from CalPERS unless this time requirement is waived in writing by the applicant. Said determination shall be made by the City Manager as designated by the City Council in Resolution 3-86. (a) If it is determined by the City Manager that the applicant is incapacitated, and the incapacity is industrial, the City Manager will so certify to CalPERS. (b) If it is determined that the applicant is incapacitated but that the cause of incapacity is nonindustrial, the City Manager will so certify to CalPERS. (c) If it is determined that the applicant is incapacitated, but the applicant contends that the cause of disability is industrial, the applicant may petition to the Workers' Compensation Appeals Board (WCAB) for a Finding of Fact determining causation. If the WCAB determines the cause of incapacity to be industrial, or nonindustrial, the City Manager will so certify to CalPERS. (d) If the City Manager determines that the applicant is not incapacitated from the performance of duty, the City Manger will so certify to CalPERS. The Personnel Director shall notify the applicant of the City Managers' determination by certified mail (return receipt requested) and shall include notification of the applicant's right to appeal the decision by requesting a hearing within thirty calendar days of the notice. Requests for an appeal hearing shall be made in writing by the applicant or the applicant's representative to the Personnel Director. If the applicant requests a hearing, the hearing shall be held in conformity with the Administrative Procedures Act. The Personnel Director will notify CalPERS and will contact the Office of Administrative Hearings to request a hearing date and a pre-hearing conference with an Administrative Law Judge. The applicant will be informed of the time and place of the pre-hearing conference and the hearing, both of which shall be set by the Office of Administrative Hearings. o The hearing shall be conducted before the Administrative Law Judge alone. An administrative record shall be generated at the hearing pursuant to the Administrative Procedures Act. All testimony shall be recorded by a Certified Court Reporter. Following the hearing the Administrative Law Judge (ALJ) shall prepare a Proposed Decision. The decision will include a determination of issues, findings and summary of facts and will be issued with a copy of all exhibits presented during the heating. The Proposed Decision shall be reviewed by the City Council. The decision may be adopted by the City Council as its own decision; or the City Council may reject the decision and make its own decision without hearing additional evidence; or the City Council may reject the ALJ decision based on additional evidence. The decision and findings will be served on the applicant by certified mail and CalPERS will be notified. (a) If the City Council rejects the Proposed Decision without hearing additional evidence, it must hold another hearing and permit either oral or written argument. (b) If the City Council rejects the Proposed Decision and wishes to receive additional evidence, the ALJ shall conduct an additional heating to receive the evidence and shall provide the City Council additional findings and summary of facts based on the new evidence received. (c) If applicant is found to be incapacitated, the City shall so certify to CalPERS. If applicant is found not to be incapacitated the applicant will be further advised of the right to request reconsideration of the decision by the City Council within thirty calendar days of the date of the decision, as well as the right to seek judicial review by filing a Petition for Writ of Mandate in the Superior Court of San Mateo County within thirty days of the last day on which reconsideration can be ordered. The applicant need not seek reconsideration by the City Council to seek judicial review. If the applicant does seek reconsideration and the City Council decides to grant the request, the Council's prior decision is vacated and a new hearing is conducted by an ALJ as outlined above. If the City Council either denies the request or fails to take any action on the request within the thirty-day period, the applicant may seek judicial review as indicated above. CalPERS shall be notified upon City' s receipt of notice that applicant has filed a Petition for Writ cf Mandate in the Superior Court of San Mateo County, or upon expiration of thirty calendar days where applicant has not filed a Petition for Writ of Mandate. CalPERS will be notified of the outcome to the Petition for Writ of Mandate in the Superior Courtff San Mateo County. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regul ar meeting held on the 28th day of__ Oct. , 1998 by the following vote: AYES: Councilmembers James L. Datzman, Joseph A. NOES: ABSTAIN: ABSENT: Fernekes, Matsumoto, John R. Penna and Mayor Eugene R. Mullin None None None ATTEST: Karyl City Clerk 405/001/reso/oct.98/disabil.doc