HomeMy WebLinkAboutReso. 1989-096 - Establishing a procedure for industrial disability retirement r: :,: : • 410
RESOLUTION NO. 89-96
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ESTABLISHING A PROCEDURE FOR INDUSTRIAL DISABILITY
RETIREMENT DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES
OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding that following the filing of an application for
industrial disability by a local Safety Officer under the Public
Employees Retirement System, the following procedures shall be
employed:
1 . An initial determination will be made by 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 determi-
nation shall be made no later than six (6) months from the
date of the application, unless this time requirement is
waived in writing by Applicant. Said determination shall be
made by the Risk Manager.
A. If it is determined by City that Applicant is incapaci-
tated, and the incapacity is industrial, City will so
I�I certify to PERS.
B. If it is determined that Applicant is incapacitated,
but that the cause of incapacity is non-industrial,
City will so certify to PERS .
C. If_ it is determined that Applicant is incapacitated,
but Applicant contends that the cause of disability is
industrial, Applicant may petition the Workers '
Compensation Appeals Board (WCAB) for Findings of Fact
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Amended by Resolution 2008-182 ;.
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determining causation. If the WCAB determines the
cause of incapacity to be industrial or non-industrial,
City will so certify to PERS .
D. If City determines that Applicant is not incapacitated
from the performance of duty, City shall notify
Applicant in writing of this determination by certified
ff mail, return receipt requested, or by personal service,
of its intention to certify to PERS its findings . City
shall further advise Applicant that he or she has
thirty (30) calendar days from the date said letter is
deposited in the U.S. Post Office , or personally served
upon Applicant, within which to advise City that he or
she requests a hearing. If City notifies Applicant by
mail, it shall be made by depositing said notification
in the United States Post Office, addressed to
Applicant to his or her last known address, properly
enclosed in a sealed envelope, certified mail, return
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receipt requested, with postage thereon fully prepaid;
service is complete at the time of deposit.
2 . If Applicant requests a hearing, said hearing shall be held
in conformity with the Administrative Procedures Act. When
an Applicant requests a hearing, City will notify the Office
of Administrative Hearings, and 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
a pre-hearing conference . Applicant will be informed that
the hearing will be held within six (6) months of the
application date, based upon the evidence which is available
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as of that time. Applicant may waive his or her right to a
hearing within six (6) months of the application date.
The hearing shall be conducted before a panel consisting of
the Assistant City Manager, the Risk Manager, and the
Personnel Director, with the Administrative Law Judge acting
as the Presiding Officer. If one or more panel members
cannot serve, the City Manager shall appoint a replacement
or replacements .
An Administrative Record shall be generated at the hearing
pursuant to the Administrative Procedures Act; and all
testimony shall be recorded by a certified shorthand
reporter.
Following the hearing, a Decision and Findings of Fact will
be made by the three-member panel; and the Decision and
Findings of Fact will be served on Applicant by certified
mail, return receipt requested, as set forth in paragraph
1 .D. hereof.
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If Applicant is found to be incapacitated, City shall so
certify to PERS. If Applicant is found not to be
incapacitated, Applicant will be further advised that he or
she has thirty (30) calendar days from the date said letter
is deposited in the U.S. Post Office or personally served as
set forth in paragraph 1 .D. hereof, within which to seek
judicial review. Such review is by means of filing a
Petition for Writ of Mandate in the Superior Court of Shasta
County.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
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the City of Redding on the 21 ..t day of March , 1989 , and was
duly adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, and Johannessen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
/j` ,/(
K/ MArtJRICE JOHANNESSEN, Mayor
City of Redding
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ATTEST:
ETHEL A. NICHOLS, City Clerk
• :s' , •PROVED:
RAIDALL A. HAYS , Cit Attorney
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