HomeMy WebLinkAboutRES NO 6-74.RESOLUTION NO. 6-74
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ESTABLISHING THE RETIREMENT
APPEALS BOARD OF BAKERSFIELD.
WHEREAS, Section 21023.6 of the Government Code of the
State of California provides, in substance, as follows:
1. That a local safety member shall be retired for
disability only upon the City's determination that he is incapa-
citated for the performance of the duties of his position.
2. That the City shall determine..whether the disability
or death is the result of injury or disease arising out of and in
the course of the local safety member's employment, e.g. whether
"industrial" or not.
3. That in the event there is a dispute as to whether the
disability is industrial, the Workmen's Compensation Appeals Board
shall, on application of either the City or the member, determine
whether the disability is industrial.
4. That in the event of dispute over the effective date
of the disability retirement, the retirement is effective on the
date the employee's condition is permanent and stationary as found
by the Workmen's Compensation Appeals Board.
5. That any local safety member retired for disability may
be reinstated upon the determination of the City that he is no
longer incapacitated for the duties of his position; and
WHEREAS, the Council of the City of Bakersfield, by its
Resolution No. 5-74 , adopted on January , 1974, has delegated
to the City Manager the authority to make any and all determinations
under Section 21023.6 of the Government Code; and
WHEREAS, it is the intent of this Council that the said
determinations made by the City Manager pursuant to Resolution
No. 7-74 , shall become final and conclusive on the llth day after
the day the City Manager mails his written determination to the
applicant; and
WHEREAS, it is also the intent of this Council that the.
applicant shall have the right to appeal in writing any such
determination made by the City Manager within 10 days from the
date of the mailing ofl the written determination to the applicant
and that such appeal shall be to the herein established Retirement
Appeals Board of Bakersfield, which appeal may be filed in the
Office of the City Manager; and
WHEREAS, it is the further intent of this Council that
the City Manager shall be bound to certify the final determination
of such Retirement Appeals Board to the Public Employees' Retire-
ment System as his determination, which determination shall be
final and conclusive.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. That the above recitals are true and correct.and
are incorporated in the body of this Resolution as if fully set
forth in this paragraph.
2. That the Retirement Appeals Board of Bakersfield is
created and established.
3. That the Retirement Appeals Board of Bakersfield
shall consist of five (5) members, as follows:
~(A).'~When the appeal is by a law enforcement safety
member such Board shall consist of the three (3) members of the
Civil Service Board for the Police Department of the City of
Bakersfield and two (2) members of the Civil Service Board of
the Fire Department of the City of Bakersfield designated on an
annual basis for this purpose by such Civil Service Board.
(B) When the appeal is by a fireman safety member,
the Retirement'Appeals Board shall consist of the three (3)
members of the Civil Service Board for the Fire Department of
the City of Bakersfield and two (2) members of the Civil Service
Board for the Police Department of the City of Bakersfield
designated on an annual basis for this purpose by such Civil
Service Board.
(C) If any member of the Retirement Appeals Board
ceases to be a member of the Civil Service Board, his membership
on the Retirement Appeals Board shall be considered vacant.
4. That the Council of the City of Bakersfield shall
establish, by resolution, such procedures and regulations, includ-
ing opportunity 'for hearing upon notice to the affected member of
the retirement system, as it deems necessary or advisable to pro-
vide for the effective discharge of the duties and responsibilities
vested in the Retirement Appeals Board of Bakersfield under the
provisions of this resolution and shall establish necessary and
proper procedures to provide for the effective discharge of the duties
and responsibilities vested in the City Manager by this Council.
o0o
I 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 the 28th day of January, 1974, by the follow-
ing vote:
AYES: COUNCILMEN ~, HEISEY, MEDDERS, ROGERS, S,.T-.tk~',~, THOMAS
~F-~TAINING"~'(SO'N~ILMEN.' ~'ZIF~, /
APPROVED this 28th day of January 1974
- ~ ~
,, , akersfield
APPROVED as' to form: