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HomeMy WebLinkAboutORD NO 4670ORDINANCE NO. 4670 ORDINANCE AMENDING SECTION 2.88.020, SUBSECTION A, OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LEAVE OF ABSENCE WHILE DISABLED. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.88.020, subsection A, of the Bakersfield Municipal Code is hereby amended to read as follows: 2.88.020 Salaries while absent due to injury in course of duties — Approval of application— Cessation of payments. A. Whenever any permanent city employee, other than a city employee covered by Section 4850 of the Labor Code of the state, is disabled by injury or illness arising out of and in the course of his or her duties, he or she shall be entitled to leave of absence while so disabled without loss of salary for the period of such disability as follows: 1. Commencing at the same time as disability payments pursuant to Labor Code Section 4650 begin, full salary to said employee for a period of time not exceeding one year, during the time he or she is absent from duty on account of such injury and until his or her employment with the city is terminated or he or she is retired for disability or service under the Public Employees' Retirement System or until the employee's rights to temporary disability are terminated by the Compensation Insurance Fund of the state, whichever event first occurs; provided, that such employee shall pay over to the city an amount equal to such payments as shall be received by him or her from such fund for temporary disability for the time he or she is so absent from duty. 2. The payments to be made under this chapter only upon the application of the employee for the benefit and approval of the application by the city manager, and to continue as provided in this chapter. In case the city manager refuses to approve any application for additional compensation, then the employee making the application may appeal the refusal to the council within thirty days after receipt by an employee of notice of denial or refusal to approve the application from the city manager. For purposes of bringing such an appeal an application submitted to the city manager over forty -five days without action being taken by the 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, Q� e A /(F9 CJ '- S:\C0UNC1L\0rds\1 1 -12 Ords \2.88.020LOA- Disability.2d.docx -- Page 1 of 3 Pages -- 4 ORIGINAL, 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 continued after death of the employee or after temporary disability payments have been discontinued by the Insurance Fund of the state. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. S: \C0UNCIL \0rds \1 1 -12 Ords \2.88.020LOA- Disability.2d.docx -- Page 2 of 3 Pages -- N m c'> r 4 ORI GINAL 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 MAY 0 9 2012 by the following vote: COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: t)DY`Q ABSTAIN: COUNCILMEMBER: )r! t ABSENT: COUNCILMEMBER: nunQ , v ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAY 0 9 2012 Nu — lo oil ' By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attor ey By: ANDREW HEGLUN Deputy City Attorney AH:Isc S: \C0UNCIL \0rds \1 1 -12 Ords \2.88.020LOA- Disability.2d.docx -- Page 3 of 3 Pages -- 1— m U � O ORIG NAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 11th day of May, 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4670, passed by the Bakersfield City Council at a meeting held on the 9th day of May, 2012 and entitled: AN ORDINANCE AMENDING SECTION 2.88.020 SUBSECTION A, OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LEAVE OF ABSENCE WHILE DISABLED. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP City Cler S: \DOCUMEN7\FORMSWOP.ORD.wpd o``gAKF9� E— m U � 4 ORIGINAL