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HomeMy WebLinkAbout1995-385 1 RESOLUTION NO. 95-385 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.5 TO RESOLUTION NO. 91-314 RELATING 3 TO WAIVING OF DISABILITY HEARINGS BEFORE THE CITY ADMINISTRATOR 4 WHEREAS, Resolution No. 91-314 established a procedure whereby disability hearings 5 for Safety employees are held before the City Administrator or his or her designee, and 6 WHEREAS, many of these hearings are uncontested or there are other reasons why a 7 formal hearing may be unnecessary, and 8 WHEREAS, it is proposed to retain the right to a hearing but to not require a hearing 9 if it is not desired by the participants and the hearing officer, 10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 SECTION 1. Section 3.5 is hereby added to Resolution No. 91-314 to read as follows: 13 14 "SECTION 3.5. The employee may waive the formal hearing in writing 15 and may submit the issue to the City Administrator on the written 16 record. However the City Administrator may require a formal hearing 17 despite a written waiver, in his or her complete discretion. All other 18 provisions of this resolution shall continue to apply to a decision made 19 without a formal hearing. " 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III D AB/tbm [DisHearing . res] 1 ,/ ,>;;.: }. ,- ) 1 RESOLUTION... ADDING SECTION 3.5 TO RESOLUTION NO. 91-314 RELATING TO WAIVING OF DISABILITY HEARINGS BEFORE THE CITY ADMINISTRATOR 2 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 56th day of Novemb~~995, by the following vote, to-wit: 6 7 Council Members: AYES NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER ABSTAIN ABSENT NAYS 8 9 10 11 12 13 x 14 15 ~~ 16 17 18 j The foregoing Resolution is hereby approved this liP. day of November 19 1995. 20 --J~/(~.~ Tom Minor, Mayor City of San Bernardino 21 22 23 Approved as to form and legal content: 24 James F. Penman, 25 City Attorney 26 .~ 27 28 DAB/tbm [DisHearing.res] 2