HomeMy WebLinkAboutCC RESO 15,851RESOLUTION NO. 15,851
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 Workers' 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
i
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 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 City
Manager or the City Manager's designee,
Judge acting as the presiding officer.
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 City Manager or the City Manager's designee.
The decision and findings will be served on the applicant by
certified mail.
D. If 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 City Manager's or designee's
decision and findings. Said thirty day period shall apply
notwithstanding the provisions of City Council Resolution No.
14,760.
ATTEST:
with the Administrative Law
PASSED and ADOPTED this loth day of January, 1989.
MLt, Ctvvw�.JC F Q/
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Waters, Mayor
George H. Eiser, III, City Attorney