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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 - Page 1 of 3 Pages - o�c�'A�F9 r V O ORIGINAL 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. - Page 2 of 3 Pages - r � o ORIGNAL ---------- 000 ---------- 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 %Oahn� J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 2 2 2020 ';;e 44,gin By Ka -4 2e KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney B%� a,-,dS;HUA H. RUDNICK Deputy City Attorney o��AKF� - Page 3 of 3 Pages - m r v o ORIGINAL