HomeMy WebLinkAboutORD NO 1769 ORDINANCE NO. 1769 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 3.22.030 OF THE
MUNICIPAL CODE TO PROVIDE CERTAIN TECHNICAL
CHANGES IN THE PROVISIONS RELATING TO
COMPENSATION TO BE PAID IN THE EVENT OF
ON- THE- JOB INJURY.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 3.22.030 of the Municipal Code of the City of
Bakersfield is hereby amended to read as follows:
3.22.030 Workmen's compensation. (a) Compensation from
city for injury in addition to amount received from state - Approval
of application - Cessation of payments. Whenever any city employee,
other than a city employee covered by Section 4850 o~ the Labor Code
'of the State of California, is disabled, whether temporarily or
permanently, by injury or illness 'arising out of and in the course
of his duties, he shall become entitled, regardless o~ his period of
service with ·the city, to leave of absence while so disabled without
loss of salary, for the period of such disability as follows:
(1) Full salary less the amount paid for temporary
disability payments by the State Compensation Insurance Fund on behalf
of the city to said employee for a period of time not exceeding one
(1) year, or until said employee returns to work or until such
earlier date-as said city employee is retired under the Public
Employees Retirement System or until temporary disability payments
paid to said employee are terminated by the Insurance Fund of the
State of California, whichever event shall first occur.
(2) The payments hereunder to be made only upon the
application o~t the employee for said benefit and approval of the
application by the City Manager, and to continue as provided herein.
In case the City Manager shall refuse to approve any application
for additional compensation, then the employee making the application
may appeal said refusal to the Council within 30 days after receipt
by an employee of notice of denial or refusal to approve said
application from the City Manager. For purposes of bringing such
an appeal an application submitted to the City Manager over 45 days
without action being taken by said City Manager shall be deemed
denied. The determination and findings of the City Council shall
be final and conclusive. The City Council may, at any time, for
good cause open a noticed hearing, discontinue payments, when it
finds and determines good cause exists that the payments should
stop. Provided further that in no case shall the payments be con-
tinued after death of the employee or after temporary disability
payments shall have been discontinued by the Insurance Fund of the
State of California.
(b) Filing of clai~ - Payments. Upon the filing and
approval of any application, as above provided, the Finance Director
shall, each successive pay period as the same shall become due and
payable, make salary payments as herein provided out of the fund of
the City of Bakersfield from which the salary of the injured
employee was formerly paid.
(c) Notification of termination of temporary disability
payments. It shall be the duty of any employee receiving compensation
hereunder to notify the City Manager and the Finance Director
iLmL~ediately upon receipt by said employee o~ any notification of
termination of temporary disability payments by the Insurance Fund
of the State of California.
(d) Over payment-duty of employee to remit sums over paid.
It shall be the duty of any employee receiving compensation
pursuant to this section, whenever said employee receives an over
payment of the sums payable to him by the provisions of this section,
2.
to return said over payments to the city within 30 days after
notification to said employee of the amount of over payment. Such
over payments shall create a civil debt upon which suit, judgment
and execution may be obtained in a court of law and shall constitute
a lien on any sums due said employee from city.
SECTION 2.
This ordinance shall become effective thirty days from
and after the date of its passage.
o0o
I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 13th day of January, 1969,
by the following vote:
CITY CLEKK and Ex-Officio-Clerk of the
Council of the City of Bakersfield.
APPROVED this 13th day of JaMuary, 1969
~ 'f th'.e:,~Cf~y'-; o"f Bakers fi'eld
APPROVED:
Aff av ! of rMnan es
STATE OF CALIFORNIA,~
County of Kern ~ ss.
MARIAN S. IRVIN, being dUly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that ~n....t...h..e.....~...4...t..h......d..a..y-...~...f.....J...a..n...u..a...r..y..~. ..................... 19....6...9. she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on....t..h..~...~_3..~.]x...da~....oJ~...J&~.u&r~..., 19.6.9., which ordinance
was numbered ............... .1...7...6..9.. ............... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 3.22.030 OF THE
MUNICIPAL CODE TO PROVIDE CERTAIN TECHNICAL
CHANGES IN THE PROVISIONS RELATING TO
COMPENSATION TO BE PAID IN THE EVENT OF
ON-THE-JOB INJURY.
Subscribed and sworn to before me this
....1...4...t-.h..day of ............... J..a...n..u...a..r..~r ............. ,19.....6../}.
Notary Public in and for the County of Kern, State o/ Califor,¥a
OFFICIAL SEAL .:..
WALTER W, SMITH .=
:NOTARY PUBLIC.CALIFORNIA ~
PRINCIFAt. OFFICE IN .~
x-"~ i'2~?!~" KERN COUNTY
WALT,-R W. 5MrrH
My Commission Expires June 8, 1969