HomeMy WebLinkAboutRES NO 5-74(1)RESOLUTION NO. 5-740)
AMENDMENT NO. 1 TO RESOLUTION NO. 5-74
REGARDING DELEGATING AUTHORITY TO THE
ACTING CITY MANAGER OR THE ASSISTANT
CITY MANAGER TO DETERMINE DISABILITY FOR
RETIREMENT PURPOSES.
WHEREAS, the City of Bakersfield is a contracting agency of the Public
Employees Retirement System; and
WHEREAS, The Public Employees' Retirement Law, as amended
effective October 2, 1973, (specifically Section 21023.6, Government Code)
requires that a contracting agency determine whether an employee of such
agency in employment in which he or she is classified as a local safety
member is disabled, and if so, whether such disability is "industrial" within the
meaning of such law, the effective date of any retirement therefor, and,
further, whether a local safety member retired for disability may be reinstated
to employment; and
WHEREAS, the City Council of the City of Bakersfield has determined
upon legal advice of the City Attorney that it may delegate authority to make
such determinations to the incumbent of the Office of City Manager; and
WHEREAS, the Council desires to amend Resolution No. 5-74 to authorize
the Acting City Manager or the Assistant City Manager to have the authority
of the City Manager in the absence of the City Manager to make
determinations to the Public Employees Retirement system for disability
retirements of local safety members unable to perform the duties of their
positions.
NOW THEREFORE, IT IS HEREBY RESOLVED AND ORDERED by the Counci
of the City of Bakersfield as follows:
1. The above recitals are true and correct and incorporated
herein by reference.
2. Resolution No. 5-74 is hereby amended to read as follows:
In the absence of the City Manager, the Council of the City
of Bakersfield authorizes the Acting City Manager or the
Assistant City Manager to make any and all determinations
under Section 21023.6 of the Government Code of the State
of California, as the same may be amended from time to
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time on behalf of the City of Bakersfield, and to certify such
determinations and all other necessary information to the
Public Employees' Retirement System.
In the absence of the City Manager, the Acting City
Manager or the Assistant City Manager of the City of
Bakersfield is hereby delegated the authority to make
applications on behalf of the City for disability retirement,
to the Public Employees' Retirement System and to do all
other actions or things with regard to disability retirement
and reinstatement of local safety members under the
Public Employees' Retirement Law.
3. Except as amended herein, all other provisions of Resolution
No. 5-74 shall remain in full force and effect.
4. This Resolution shall take effect immediately upon its passage.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
JAN 2 2 2020 , by the following vote:
✓ ,/ ✓ ✓ / ✓ ✓
COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCIL MEMBER No \9 -
ABSTAIN: COUNCIL MEMBER Ncfl&-
ABSENT: COUNCIL MEMBER
WV
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J LIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 2 2 2020
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By
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KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B%� a,-,dS;HUA H. RUDNICK
Deputy City Attorney
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