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,
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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.
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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 ,
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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
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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
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ORIGINAL