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HomeMy WebLinkAboutCC RESO 98-144RESOLUTION NO. 98 — 144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING A PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM BE IT HEREBY RESOLVED by the City Council of the City of National City that following the filing of an application for industrial disability by a local Safety Officer under the Public Employees Retirement System, (PERS) the following procedures shall be employed. 1. An initial determination will be made by the City 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. Such determination shall be made no later than six months from the date of the application unless this time requirement is waived in writing by the applicant. Said determination shall be made by the Risk Manager. A. If the initial determination by the City is that the applicant is incapacitated, and the incapacity is industrial, the City Manager will so certify to PERS. B. If the initial determination is that the applicant is incapacitated but that the cause of incapacity is nonindustrial, the City Manager will so certify to PERS. C. If the initial determination is that the applicant is incapacitated, but it is disputed whether the cause of disability is industrial, the applicant may petition the Worker's Compensation Appeals Board for a Finding of Fact determining causation. If the WCAB determines the cause of incapacity to be industrial or nonindustrial the City will so certify to PERS, subject to the City or the Applicant seeking judicial review of the determination of the WCAB. D. If the City determines that the applicant is not incapacitated from the performance of duty, it shall notify the applicant of this determination. The City shall notify the applicant by certified mail (return receipt requested) or by personal service of its intent to certify to PERS its findings that the applicant is not incapacitated. The applicant will be further advised that he or she has thirty calendar days within which to advise the City that the applicant requests a hearing. 2. If the applicant requests a hearing, said hearing shall be held in conformity with the Administrative Procedures Act. When an applicant requests a hearing, the City will notify the Office of Administrative Hearings and will request a hearing date and a pre -hearing conference with an Administrative Law Judge. The applicant will be informed that the hearing will be held at the time and place designated by the Office of Administrative Hearings which shall set a hearing date and pre -hearing conference. The applicant will be informed that the Resolution No. 98 - 144 November 10, 1998 Page Two hearing will be held within six months of the application date based upon the evidence which is available as of that time. The applicant may waive the right to a hearing within six months. A. The hearing shall be conducted before the Administrative Law Judge. B. An administrative record shall be generated at the hearing pursuant to the Administrative Procedures Act. All testimony shall be recorded by a Certified Shorthand reporter. C. Following the hearing a decision and findings of fact will be made by the Administrative Law Judge. The decision and findings will be served on the applicant by certified mail. D. If the applicant is found to be incapacitated the City shall so certify to PERS. If applicant is found not to be incapacitated the applicant will be further advised that he or she has thirty calendar days within which to seek judicial review. Such review is by means of filing a Petition for Writ of Mandate in the Superior Court of San Diego County within thirty calendar days after deposit in the mail of the Administrative Law Judge's decision and findings. Said thirty day period shall apply notwithstanding the provisions of City Council Resolution No. 14,760. BE IT FURTHER RESOLVED that Resolution No. 15851 is hereby rescinded. PASSED and ADOPTED this 10t day of November, 1998. George H. aters, Mayor ATTEST: Michael R. Dalla, /City Clerk APPROVED AS TO FORM: erg.,, George H. iser, III, City Attorney