Loading...
HomeMy WebLinkAboutRES NO 277-04 277..04 RESOLUTION NO. A RESOLUTION ESTABLISHING DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS. WHEREAS, the City Council wishes to streamline disability retirement procedures for safety members and conform those procedures to applicable state law; and WHEREAS, to that end Resolution No. 79-92 is hereby repealed and replaced by this Resolution. NOW, THEREFORE, Bakersfield as follows: BE IT RESOLVED, by the Council of the City of DISABILITY RETIREMENT REVIEW COMMITTEE FOR SAFETY MEMBERS. A. All applications for disability retirement shall be reviewed by the Disability Retirement Review Committee for Safety Members ("Committee"). Said Committee shall consist of: 1. The appropriate department head, i.e., fire safety member - Fire chief, police safety member- Police Chief; A representative from the Human Resources Division; A representative from the Risk Management Division; 3. The Department Head member shall be the Chairperson of this Committee. 1. If the application for disability retirement pertains to the Police Chief or the Fire Chief, then that particular Chief shall not serve as a member of the Committee; and 2. The non-affected Chief shall then serve and shall be chairperson. After receipt of an application for disability retirement by or on behalf of a local safety member, the Committee shall: S:\COUNClL\Resos\04-05 Resos\DisRetireCommSafetyMembersRes.doc July 6, 2004 -- Page 1 of 4 Pages -- ORIGINAL Notify the safety member to file with the Committee any and all evidence in the form of written medical reports, certificates or other documents which the safety member wishes the City to consider in making the determination required to be made. Obtain all claims and medical reports filed with Risk Management for workers' compensation benefits. Cause a factual investigation of the circumstances surrounding the cause of the injury or disease to assist in the following determination: a) Whether the local safety member is incapacitated for the performance of the duties of his/her position, and b) Whether the disability or death is the result of injury or disease arising out of and in the course of the local safety member in employment. Arrange for a medical examination of the local safety member by a physician chosen by the Committee in cases where the Committee decides this is necessary or desirable. The Committee shall then notify the local safety member that he is required to report at a time and place specified. The physician shall also receive copies of all medical reports pdor to seeing the local safety member. 5. The Committee shall make their recommendations to the City Manager. The Chairperson of the committee shall continue to monitor the application until final disposition. Any deviation from these procedures shall be by mutual consent of the local safety member, the Committee and the City Manager. II. DETERMINATIONS BY CITY MANAGER. The City Manager shall: Independently review the local safety member's application, including the recommendations of the Committee and all of the medical evidence provided to the Committee. Require the department head or his designee employing the safety member to file with the City Manager a complete report on a form supplied by the City Manager. S:\COUNClL\Resos\04~)5 Resos\DisRetireCommSafetyMem bersRes.doc July 6, 2004 -- Page 2 of 4 Pages -- ORIGINAL C. Gather any other information necessary to determine the effective date of the retirement. D. Pursuant to the authority delegated to the City Manager by Resolution No. 5-74, make the following determinations: 1. Whether the applicant, a local safety member, is incapacitated physically or mentally for the performance of the duties of his position. 2. Whether the disability or incapacity for performance of duty is permanent or of extended and uncertain duration. 3. Whether the disability is industrial, i.e., arising as a result of injury or disease out of and in the course of employment as a local safety member. 4. The effective date of retirement of the applicant for disability retirement. 5. Whether a local safety member who has been retired for disability has ceased to be disabled for his position held at retirement. G. The City Manager shall either approve or deny the disability retirement or reinstatement and, if approved, determine whether said disability is either industrial or nonindustrial. H. The City Manager shall notify the local safety member and PERS of 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. II1. APPEALS. Appeals of the decision of the City Manager shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part I of Division 3 of the Government Code. .......... o0o .......... S:\COUNCIL\Resost04-05 Resos~DisRetireCommSafetyMembersRes.doc July 6, 2004 -- Page 3 of 4 Pages -- ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and_a_do_pt.ed by the Council of the City of Bakersfield at a regular meeting thereof held on OCT Z0 2004, by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER OCT 2 0 2004 APPROVED HARVEY L. HALL Mayor CITY CLERK and Ex Offi~o Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CityAfforney ~.~:1~0 BEI~. SI~I~I~_ ~ Deputy City Attorney S:\COUNCIL\Resos\04~5 Resos\DisRetireCommSafetyMembersRes.doc July 6, 2004 -- Page 4 of 4 Pages -- ~ %AK~