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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: