HomeMy WebLinkAbout06-03 - Relating to Disability Retirements Under Public Employee's Retirement LawRESOLUTION NO. 06-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, REVOKING ITS DELEGATION
OF AUTHORITY AND ASSIGNMENT OF RESPONSIBILITY
TO MAKE CERTAIN DETERMINATIONS AND RELATING TO
DISABILITY RETIREMENTS UNDER THE PUBLIC
EMPLOYEES' RETIREMENT LAW
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS; the City of Costa Mesa is a contracting agency of the Public
Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting
agency determine whether an employee of such agency is classified as a local safety
member, is disabled for purposes of the Public Employees Retirement Law and
whether such disability is "industrial" within the meaning of such law; and
WHEREAS, Resolution No. 98-2 was adopted on January 5, 1998, authorizing
the City Council to delegate authority under Government Code § 21173 to the City
Manager and/or his designee to make such determinations; and
WHEREAS, at the regular City Council meeting held on January 5, 1998,
pursuant to Resolution No. 98-2 and by minute action the City Council designated the
City Manager as the appeal authority; and
WHEREAS, at the regular City Council meeting held on January 5, 1998,
pursuant to Resolution No. 98-2, the City Council created the Disability Retirement
Committee and appointed certain individuals to such Committee; and
WHEREAS, the above mentioned actions taken by City Council following the
adoption of Resolution No. 98-2 conflict with subsequent case law, which holds that the
power to delegate given in Government Code § 21173 does not include the power to
designate the City Manager as the finder of fact for an appeal.
NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of
Costa Mesa does hereby revoke the designation of the City Manager and/or the City
Manager's designee(s) as the appeal authority; and
BE IT FURTHER RESOLVED that City Council hereby dissolves the Disability
Retirement Committee; and
BE IT FURTHER RESOLVED that any appeals of disability retirement decisions
rendered by the City Manager and/or his designee(s) shall be appealable as provided in
California Government Code sections 11512, 11517, and 21156. Such appeals shall
be heard by an administrative law judge pursuant to California Government Code
section 11517(c). Reconsideration requests shall be governed by California
Government Code section 11521. Judicial review, if any, shall be pursuant to California
Government Code section 11523 and California Code of Civil Procedure section
1094.5; and
BE IT FURTHER RESOLVED that all other provisions of Resolution No. 98-2
remain in full force and effect.
PASSED AND ADOPTED this 3rd of January, 2006.
ATTEST:
Cit lerk of the City of Costa Mesa Mayor of the City of Costa Mesa
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APPROVED AS TO FORM
'J
City Atto ney
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above and foregoing Resolution No. 06-3
was duly and regularly passed and adopted by the said City Council at a regular
meeting thereof held on the 3rd day of January, 2006, by the following roll call vote:
AYES: Mansoor, Bever Dixon, Monahan.
NOES: None.
ABSENT: Foley.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 4th day of January, 2006.
ify CPc��rkan'AxofficioClerk of
the City Council of the City of Costa Mesa
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