HomeMy WebLinkAbout1979-161
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RESOLUTION NO. 7 f.;... / ~ I
RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING A
"DISABILITY AND REHABILITATION COMMITTEE" TO MAKE RECOMMENDATIONS
ON DISABILITY RETIREMENTS AND REINSTATEMENT FROM RETIREMENT FOR
LOCAL SAFETY MEMBERS OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM;
AND REPEALING RESOLUTION NO. 11734.
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WHEREAS, Section 21025 of the Government Code of the
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State of California provides that local safety members under the
Public Employees' Retirement System shall be retired for disabilit
upon the governing body's determination of physical or mental
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incapacity and for termination of his employment for that reason;
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and
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WHEREAS, Section 21028 of the Government Code provides that
reinstatement of said employees is prohibited except upon the
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governing body's determination that the retired member is no
longer incapacitated; and
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WHEREAS, it is desired to establish a committee to hear
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evidence concerning such retirement or reinstatements and to
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recommend to the Mayor and Common Council whether a local safety
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member is incapacitated physically or mentally and should be
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retired for disability or reinstated from retirement,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. There is hereby created a three (3) person
I "Disability and Rehabilitation Committee" authorized and directed
I to conduct hearings concerning the retirement of local safety
members for disability or illness and to make findings and
recommendations to the Mayor and Common Council resolving all
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matters at issue.
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SECTION 2. Said Committee shall consist of the Chief
2 Examiner of the civil Service Board, the Director of Personnel
3 and the Risk Management Coordinator.
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SECTION 3. In the event a local safety member or his
5 Department Head applies for his disability retirement or a
6 retired former local safety member applies for reinstatement,
7 the "Disability and Rehabilitation Committee" shall set the
8 matter for hearing and shall give the employee or retired employee
9 five working days written notice of the date, time and place
10 of the hearing.
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SECTION 4. At the hearing, the Committee shall receive
12 and review all relevant medical evidence and then make its find-
13 ings and recommendation on the matter. At the hearing, the
14 employee shall be entitled to be present with counsel and shall
15 be entitled to present relevant medical evidence in his own
16 behalf. The Committee shall make and establish rules for the
17 conduct of such hearings.
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SECTION 5. The Committee shall give the employee or
19 retired employee written notice of the findings and recommendation
20 of the Committee within ten (10) days after said findings and
21 recommendation are made.
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SECTION 6. Upon a determination of a matter before the
23 Committee, the findings of fact and recommendation shall be
24 presented to the Mayor and Common Council who shall make a
25 final decision in the matter.
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SECTION 7. All notices required to be given hereunder
27 shall be mailed to the employee or former employee at his last
28 known address as it appears on the City's personnel records.
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1 Service of all such notices shall be effected when deposited in
2 the united States mail addressed to the employee or retired
3 former employee with postage prepaid thereon.
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SECTION 8. Resolution No. 11734 is hereby repealed.
5 I HEREBY CERTIFY that the foregoing resolution was duly
6 adopted by the Mayor and Common Council of the City of San
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Bernardino at
on the /t. 74:
a . . . hi' /.u./
day of . {I-~
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vote, to wit:
AYES:
NAYS:
ABSENT:
meeting thereof, held
, 1978, by the following
The foregoing resolution is
of ~~. , 1978.
Approved as to form:
~tlU
J.ty torney
an Bernardino
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