HomeMy WebLinkAboutRES NO 277-04(2)RESOLUTION NO. 277-04(21
AMENDMENT NO.2 TO RESOLUTION NO. 277-04
REGARDGING THE DISABILITY RETIREMENT
PROCEDURES FOR SAFFETY MEMBERS.
WHEREAS, on March 30, 2016, the City council amended Resolution No.
277-04(1) modifying the disability retirement procedures for safety members;
and
WHEREAS, the City Manager shall either approve or deny the disability
retirement or reinstatement and, if approved, determine whether said.
disability is either industrial or non -industrial; and
WHEREAS, the City Manager shall notify the local safety member and
PERS of his or her determination and if the determination of the City Manager
denies in whole or part any of the benefits sought in the application, the
notice shall advise the applicant of his or her right to appeal as hereinafter
provided; and
WHEREAS, the Council desires to amend Resolution No. 277 to authorize
the Acting City Manager or Assistant City Manager to have the power of the
City Manager in the absence of the City Manager to either approve or deny
the disability retirement or reinstatement applications for safety members, and
if approved, determine whether said disability is either industrial or
nonindustrial.
NOW THEREFORE, IT IS HEREBY RESOLVED AND ORDERED by the
Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and incorporated
herein by reference.
2. Resolution No. 277-04(1) G. 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 shall either approve or deny the disability
retirement or reinstatement and, if approved, determine
whether said disability is either industrial or nonindustrial.
3. Resolution No. 277-04(1) H. 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 shall notify the local safety member and PERS of
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his determination and if the determination of the City Manager
denies in whole or part any of the benefits sought in the
application, the notice shall advise the applicant of his right to
appeal as hereinafter provided.
4. Except as amended herein, all other provisions of Resolution No.
277-04 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:
YES:
ES:
ABSTAIN
ABSENT:
COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
- TAI�xt
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 2 2 2020
N. 46/
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
Yepty
UA H. RUDNICK
uCity Attorney
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