HomeMy WebLinkAbout52-Council Office
o
California Distri(~Coun(il 36, ~SCME, AFL-CIO ---/:J
3932 WilSHIRE BOULEVARD, SUITE 108 . LOS ANGELES. CALIFORNIA 90010 / / . t'(f-
PHONE: (213) 386-7941
~..
To:
City Clerk
From:
Sally Alcaraz
April 28. 1987
Dale
122
local No.
I.:
Appeal to the Mayor and Common Council
Please enter my appeal from a decision of the Disability
Retirement Committee.
Mr. Ed Lehman of AFSCME Council 36 will be my representative.
The Specifics of this appeal are atteached.
"'Q
~
~
~
l"1
~
<:
rn
<='
I
S]
-'
-<
(")
,-
rn
::0
-..:
~
i
~
;:0 ::0
= I'It
-.. "
> c;
'" .
= I
W >
0 ClI
%
-
-~ :z
-~
Sincerely <:)
"TI
c- "TJ
"
.;-.
~ {'I... ~\,. ,( . _ \
\ " "
,~~a/~
S,2.
o
"'-"
",
.....)
:)
CI
BERN ARDIN 0 300 NORTH "0" STREET, SAN BERNAROINO, CALIFORNIA 9241B-0021
RISK MANAGEMENT DIVISION
April 1, 1987
~ ~
C")
m
~ :c:
rTI
0
I
~ Q
-'
-<
"'Q ('")
I.JJ .-
N rn
;Xl
co -x
Sally Alcaraz
658 West 11th Street
San Bernardino, California 92410
Re: Disability Retirement Hearing
Dear Ms. Alcaraz:
This Is to notify you that the Disability Retirement and
Rehabilitation Committee will conduct an Informal re-hearlng
on the issue of your ability to perform your duties as a City
Employee.
The hearing will be held
City Hall, at 10:00 a.m.
In Risk Management, 4th Floor,
on Tuesday, April 14, 1987.
You may be present and represented by counsel, If so desired.
You may present any documents or statements relative to your
physical health, If so desired.
Please notify the undersigned as to your Intention to attend.
Sincerely,
ff77~
BRUCE H. GADBOIS, ACTING DIRECTOR
RISK MANAGEMENT/EMERGENCY SERVICES
BHG/nc
'::5 ;:0
= .....
..... n
:> d
-0 .
::c
W ,..
0 Q
%
:z
-~
0
'"T1
~ , .."
.c-
cc: Roger Hardgrave, Engineering Department
Bill Sabourin, Attorney's Office
M. J. Per11ck
~~..........,.~- - _~..~,_.m'''' - "_""~._.m.~
Lm ~J ... :....1 ~; t ·
(:tr.qa~:;f re COUN
~..
,....1IOd....:
3132 WILSHIRE BLVD.. SUITE 101- lOS ANGELES. CALIFORNIA 10010. PHONE: 12131 311-7",
=-
m
C")
m
<:
m
o
I
Q
~
-<
"
.-
m
:0
'X
APPEAL OF 'SALLY ALCARAZ FROM A DBCISION OF THB
DISABILITY RETIREMENT COMMITTBB
.~
I
~
"'Q
\.oJ
N
Pursuant to the City Charter Section 2.64.030, Sally Alcara~ a
long-term, full-time custodlal employee of the City of San
Bernardino hereby appeals the decision of the Disability
Retirement Committee received April 20, 1987 to involuntarily
retire her as disabled.
r3
u>
-
::0
,.,
t1
CJ
,...
""
= ,
w ~
On January 13, 1987, a Disability Retirement Committee 0 ~
hearing was held to determine whether Ms. Sally Alcaraz should be-
involuntarily retired per a request of the Public Works ~ ~
Department. Despite the fact that Ms. Alcaraz had not been gi?en~
a complete copy of the allegations prior to the hearing, the G ~
Committee found in her favor - i.e. that Ms. Alcaraz was capa~e
of doing the work she had always been assigned to do.
(AI ~E!~l!l~_~~!l~~_~EE~!!~~
Despite this ruling, the Department did not put Ms. Alcaraz
back to work, did not compensate her - and in fact, Ms. Alcaraz
was billed for the costs of her insurance benefits. (Please
note, prior to this hearing, Ms. Alcaraz was forced to use her
remaining sick time and vacation.)
Three months later, on April 14, 1987, a second hearing was
held before the Disability Retirement Committee. Once again, Ms.
Alcaraz was not given any prior notice of the allegations to be
made at the hearing. At this hearing, the Public Works
Department contended that it had failed to notify the Committee
on January 13, 1987, that all light duty positions had been
eliminated when custodial positions were contracted out in 1986 -
and therefore there was no position into which Ms. Alcaraz could
be placed. The Department witness testified that he .would not
pay someone just to dust." The Committee reversed its earlier
decision and retired Ms. Alcaraz involuntarily.
Ms. Alcaraz has testified at both hearings that she intends
to retire at age 60 in May, 1987.
On April 27, 1987, MS. Alcaraz's representative received a
copy of Resolution No. 81-582 which established the Disability
Retirement Committee. A request for these procedures had been
made prior to the January 13, 1987 hearing, at the January 13,
"987 hearing, at the April 14, 1987 hearing and subsequent to
that hearing.
o
o
~
~
(B) ~E!~!!!~_~!~~~~!_~!_~EE!~!
(1) ~!!!~~_~!_~!!!_!~~_~~~!!!_2~!!~!!!~~!_!~~_~!~~!!~~~~
~!_~~~!!!!!~~!~~_~!~!!~~_l.
In 1986, the City of San Bernardino met and conferred with
AFSCME Local 122 (the representative of the General Unit covering
Ms. Alcaraz's full-time custodial position) concerning the impact
of the City's decision to contract out the work performed by
part-time custodians.
AFSCME Local 122 was assured that all full-time custodians
would remain employed - in compliance with the intent of H.O.U.
Section 3. AFSCME Local 122 was never informed of any intent to
eliminate positions which the Department now considers to be
light duty.
(2) ~!~!!!!~~_~!_~!!l_~~!!!!!_~!~!!~~_~~~!~QlQ
All appeals from the Disability Retirement Committee are to
be filed with the City Clerk and heard by the Common Council as
required by charter Section 2.64.030.
The Disability Committee had no power to rehear the
Departments' allegations - even if the Department had complied
with Charter Sections 2.64.040, 2.64.050, and 2.64.080.
(3) ~!~!!!!~~_~!_~!!l_~~!!!!!_~!~!!~~_~~~!~Q!Q
Ms. Alcaraz had never been given a notice of the
Department's appeal from the Committee's January 13, 1987 hearing
prior to the April 14, 1987 hearing.
Any such appeal should have been filed within 15 days in
accordance with City Charter Section 2.64.040.
(4) ~l~la!!~~_~!_~!!l_~~!!!!!_~!~!l~~~~~!~Q~Q
The Department had the burden
appealed, the specific grounds and
by City Charter Section 2.64.050.
such notice prior to the April 14,
of specifying the action it
the relief sought, as required
MS. Alcaraz was not given any
1987 hearing.
(5) ~!~!!!l~~_~!-E!!l_~~!!!!!_~!~!l~~_~~~!~2~Q
At the April 14, 1987 hearing, the Department did not
present any new or additional evidence which was not available to
it at the time of the original decision as required by Charter
Section 2.64.080.
o
o
o
~
(6) Failure to Apply Due Process
----------------------------
Ms. Alcaraz's Constitutional rights to Due 'Process were
violated by:
The continued failure to provide Ms. Alcaraz's
representative with a copy of the Disability Retirement
Committee's policy and procedures until April 27, 1987.
The failure to provide copies of the allegations and
appeals prior to the hearings of January 13, 1987 and
April 14, 1987.
The act of placing Ms. Alcaraz on unpaid leave before any
hearing was held.
The failure to implement the decision of the January 13,
1987 hearing which should have placed Ms. Alcaraz back to
work~
The act of exhausting Ms. Alcaraz's remaining sick and
vacation time when she had been improperly refused work.
The failure to comply with City Charter Sections
2.64.030, 2.64.040, 2.64.050 and 2.64.080.
The act of discontinuing Ms. Alcaraz's insurance benefits
when she was still an employee.
(7) !~!!~!!-!~_E~~E!X_~!!~_!!~!!~!_~!~~!!!!~~!
The City of San Bernardino, being a recipient of Federal
funds, is obligated to use its best efforts to accommodate and
rehabilitate disabled employees. The Department has made no such
presentation of its best efforts.
(8) ~!!~!!~!~!!!~~
Testimony at the hearing of April 14, 1987 indicated that
Ms. Alcaraz had been permitted to work lighter duties than
required of other custodians (even before her arthritis began to
afflict her) because she was a woman - and male custodians were
more likely to be required to do heavy lifting and working on
ladders.
This discrimination between male and female custodians is
now used as a rationale for eliminating Ms. Alcaraz's position.
although the Department contended that all custodians must now be
able to perform all the tasks in the class specifications, the
result is squarely directed at Ms. Alcaraz.
c
o
':)
:J
In addition, the circumstances in this matter indicate that
age discrimination is also involved. Ms. Alcaraz has stated
repeatedly her intention to retire in May, 1987 on her 60th
birthday. The Department has shown no willingness to accommodate
Ms. Alcaraz, rather it uses her affliction (arthritis) against
her.
(9) ~!~~<!
Although not a legal challenge to the Committee's decision
of April 14, 1987, "Greed" sums up the moral obscenity of this
decision. The Department of Public Works was not satisfied with
the turmoil it caused in the lives of those individuals' whose
jobs were contracted out in 1986. The Department saved money at
the expense of part-time employees who did not receive benefits,
were paid barely above minimum wage, and were not permitted to be
represented by the General Unit.
The Department has chosen to eliminate Ms. Alcaraz's
position in order to save money - not because of any concern
about her disability. The testimony that Ms. Alcaraz was unable
to work was not accepted by the Committee on January 13, 1987.
However, when the Department presented its economic argument on
April 14, 1987 - the decision was reversed. Money before
principles! Money before people! Outrageousl
(C) ~~!~~!_~~~1~!
Ms. Alcaraz should be made whole. Her retirement should
take place as of her 60th birthday or the date of the Common
Council's decision (whichever is later).
Ms. Alcaraz should be compensated for the sick leave and
vacation she was forced to use when she was placed on unpaid
leave including any such time she would have accrued.
Wages and the amount of benefit contributions Ms. Alcaraz
would have earned should be awarded - as well as the PERS
contributions which would normally have been paid by the City.
Respectfully submitted on behalf
of Sally Alcaraz,
clf~L_~ _
Ed Lehman
Representative
AFSCME, Council 36
April 28, 1987
ELlaf
opeiu 30, afl-cio
o
,
.:)
...J
RECElVED-CI1Y CLERl<
BEFORE THE DISABILITY RETIREMENT
AND REHABILITATION COMMITTEE
OF THE CITY OF SAN BERNARDINO
'87 APR 28 P 3 :28
IN THE MATTER OF
APPLICATION OF
SALLY ALCARAZ
THE
)
)
)
)
)
FINDINGS AND STATEMENT
OF DECISION
f:5 ::0
0> m
..... ~
~ ?
:::0 I
W :II"
o Q
3:
-
.... :z:
As directed by the City Ad.lnlstr.tor, . rehe.r1n~
'-- ...,
concern I ng the fssue of d fs.b 11 fty for the performance oof:'"
&-
the dutfes of S.lly Alc.r.z c..e on for he.rlng on April 14.
1987 .t 10110 .... before the Dls.bllfty Retire.ent and
Reh.blllt.tion Co.mlttee of the Cfty of San Bern.rdln~ fn
the offfce of the Director of Risk Man.gement. Room 427, 300
North D Street. S.n Bern.rdfno. C.'ifornf. 92418.
S.lly Alcar.z w.s present and was .ccomp.nled by AFSCME
represent.tlve Ed Lehm.n.
Bruce H. G.dbofs and Roger
OeFr.tfs were present.s .e.bers of the 0ls.blllty Retire-
ment .nd Reh.blllt.tion Co.mlttee. Also present were Josle
and Gene Rodriguez. rel.tlves of Ms. Alc.r.z. and W.yne
Overstreet. Superfntendent of
Publfc Bufldfngs.
The
Ofs.bfllty Retlre.ent .nd Reh.bllftatfon Commfttee heard the
testimony of Sally Alc.raz and Wayne Overstreet .nd ex.mfned
and consfdered the document.ry proofs offered by the p.rtles
fncludfng . .e.or.ndum. d.ted M.rch 20. 1987. from Mr.
Overstreet regarding existing posltfons .nd Job duties.
1 The .edic.l
~COnsldered In the
Ii
evidence and
other document.ry proofs
Committee's
Findings .nd Statement of
1
-'
0
I
2
3
4
~
.s
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
2S
26
27
28
Decision da~ed F~Uary
j
are
23.
19~ re.a1n unchanged and
fncorporated herefn by reference. The Dfsab11ity Ret1re.ent
and Rehabilitatfon Co..ittee being fully advised .akes Its
findings and statement of decisfon as f~llows:
F! NO! NGS
I. Sally Alcaraz was appofnted as a custodfan by the
Mayor and Com.on Council of the City of San
Bernardino on October 26. 1976 and is presently
e.ployed as a Custodian with the City of San
Bernardfno.
2. Upon consideration of all of the evidence, the
Disabl1 fty
Retfrement
and
Rehabl1 fhtfon
Committee find the evfdence provided by Arnold M.
Stefn, M.D., to be persuasive and convincing and
we accept Dr. Stein's opinfon that Sally Alcaraz
suffers
from rheumatofd
arthrith,
a non-
fndustrial medical condltfon,
and that
the
patfent is not capable of performfng all of the
duties listed In the Job descriptIon of Cus-
tod fan .
3.
According
to
testimony
offered
by
Wayne
Overstreet, Superintendent of Public BuildIngs,
Ms. Alcaraz was assigned lfght duties for the
past several years fn deference to her medIcal
condition.
Mr. Overstreet states that such
assignments are no longer
avaflable due to
2
o
o
~
....)
changes In the level of service offered by hi.
division. Should Ms. Alcaraz be returned to work
a. a Custodian she would now be required to
fulfill all of the duties listed In the Job
description for that position, Including heavy
lifting, ~ovlng furniture, and climbing ladders.
The medical evidence available to the committee
Indicates that Ms. Alcaraz Is not capable of
performing those duties.
STATEMENT OF OECISION
1. Sally Alcaraz Is Incapacitated for the perfor-
mance of her assigned duties as Custodian.
Dated: April 16, 1987
Approved:
fQ;:" {/ ~-:i~.
/
Roger C. OeFratls
~p<<~
Bruce H. Gadbois
3
o
o
o
RECEIVED-Cin ~R'"
'87 APR 28 p J :28
C I T Y
o F SAN B B R N A R 0 I N 0
INTEROFFICE MEMORANDUM
8703-220
FROM:
SUBJECT:
City's Disability Retirement Committee
Wayne Overstreet
-J3
~ rn
~ ~
o
TO:
Reconsideration of Committee's Decision
Alcaraz
~
- Sa1yt
,~)
o
,
~
o
S
". S
: -
DATE:
COPIES:
March 20, 1987
(7019)
o
'. ....,
Raymond D. Schweitzer, City Administrator;Roger G;, ~I
Hardgrave, Director of Public Works/City Engineer .~
-------------------------------------------------------------
Reference:
a). Findings and statement of decision dated February 2~,
1987.
b). Memorandum from Roger G. Hardgrave, Director of Public
Works/City Engineer, dated December 24, 1986.
c). Custodial Job Description and Physical Tasks dated June
14, 1977.
d). Medical Report of Arnold M. Stein, H.D., dated December
15, 1986.
e). Letter to Ms. Alcaraz, dated January 7,1987.
Prior to February 1987, The Custodial Maintenance Section of
the Public Buildings Division, maintained over thirty eight
(38) separate city owned or leased facilities that has over
500,000 square feet of floor space, that required service
twenty-three (23) hours a day, seven days a week. This
section had nineteen (19) permanent employees and Forty Five
(45) part-time custodial aides to accomplish this assigned
workload.
This large workforce allowed a great deal of flexibility in
assigning light duty task to some employees, such as, Mrs.
Alcaraz. However in October 1986 twenty four (24) of the
locations were contracted out. A reduction in force action
was taken, and several employees were laid off, and some
retired. In February 1987, the Public Enterprise Center,
(where Ms. Alcaraz was working), was leased by the Golden
State School, Inc., as.the result of this action the Custod-
ial Maintenance Section again had to take a reduction in
>.' ~"'-' ~- -. .-
c
o
o
~
INTEROFFICE MEMORANDUM: 8703-220
Reconsideration of Committee's Decision - Sally Alcarez
March 20, 1987
Page 2
force action. This has left this section with only three (3)
crews that have a combined workforce of fourteen (14) per-
manent and eighteen (18) part-time custodial aides. Each of
these employees are required to perform similar tasks, such
as, lifting mop buckets filled with water. Move file cab-
inents, desks, chairs, office equipment, machinery and
equipment. Drive a 3/4 ton van, trucks, operate a floor
buffer, scrubber and a vacuum cleaner. They are also re-
quired to work inside and outside under conditions that may
have temperature variations of more then 2S1also the con-
ditions will be wet, hot and humid. (Reference BCB) We no
longer have the opportunity to have BLight DutyB assignments.
Based upon the medical report of Doctor Stein that was
received in December 1986 (Reference BDB) a meeting was held
on December 23, 1986 (Reference BBB) to determine if there
was a suitable position that Ms. Alcaraz could be transferred
to. It was determined that there was no vacant position that
Ms. Alcaraz could be transferred to within the Public Works
Department. Further and most significant for Ms. Alcaraz,
there is no light duty available to be assigned. Since Ms.
Alcaraz had utilized all of her Sick Leave and Vacation time.
It was decided to place Ms. Alcaraz on Paid Administrative
Leave (12-09-86 to 01-13-87) until the Superintendent re-
turned from vacation.
January 7, 1987,upon return from vacation, I made a detailed
review of all action and made a recommendation to the City
Administrator in accordance with Resolution No. 81-582 dated
December, 7, 1981, and so advised Ms. Alcaraz (Reference
BEB) .
Since all these facts were not available at the time of the
City's Disability Retirement and Rehabilitation Committee
Hearing (Reference BaB).
Apparently it was not sufficiently made clear that this
section no longer has the flexibility to offer BLight WorkB
assignments. The total unavailability of such assignments,
coupled with undisputed medical information that she can not
perform full duties, should convince the Disability Board
that she is disabled for the only work we have available, and
that accordingly she should be determined/entitled to Dis-
ability Retirement.
Respectfull request a reconsideration of this matter.
~ .
.
c
o
o
o
MEMORANDUM: 8703-220
of Committee's Decision - Sally Alcarez
WO:ja
Control
~ .
C
1
2
3
4
,
6
7
8
9
10
11
12
13
14
U
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
~
BEFORE THE DISABILITY RETIREMENT
AND REHABILITATION COMMITTEE
OF THE CITY OF SAN BERNARDINO
IN THE MATTER OF
SALLY ALCARAZ
)
)
FINDINGS AND
STATEMENT OF DECISION
Tbe above-cautioned matter concernin~ tbe issue of disability
for tbe performance of tbe duties of Sally Alcaraz came on for
bearin~ on January 12, 1987 at 10:30 a.m. before tbe Disability
Retirement and Rebabilitation Committee of tbe City of San
Bernardino, in the office of tbe Director of Risk Management,
Room 427, 300 North D Street, San Bernardino, California 92418.
Sally Alcaraz was present and was accompanied by AFSCME
representat,ive Ed Lehman. Bruce H. Gadbois, Ro~er DeFratis, and
William Sabourin were present as members of tbe Disability
Retirement and Rehabilitation Committee. Wayne Overstreet,
Superintendent of Public Buildin~s, was also present. The
Disability Retirement and Rehabilitation Committee heard the
testimony of Sally Alcaraz and Wayne Overstreet, and examined;
and considered the documentary proof offered by the parties
including:
1. Medical report of Arnold M. Stein, M.D., dated December
15, 1986.
2.
Medical statement of Samuel S. Paw, M.D., dated
I
I
position I
January 13, 1987.
3.
City of San Bernardino job description for the
4.
of Custodian, dated
~ .
Employee evaluation
i
reports from July, 1980; July, 1981'
-1-
June, 1977.
~.~t-a!! .
C
1
2
3
4
,5
6
7
8
9
10
II
12
13
14
1,5
16
\7
\8
19
20
2\
22
23
24
2,5
26
27
28
o
:>
o
July, 1982; July, 1983; July, 1984; July, 1985; and
July, 1986.
Tbe Disability Retirement and Rebabilitation Committee being
fully advised makes its findings and statement of decision as
follows:
FINDINGS
1. Sally Alcaraz was appointed as a Custodian by tbe
Mayor and Common Council of tbe City of San Bernardino
on October 26, 1976, and is presently employed as a
Custodian with tbe City of San Bernardino.
2. Upon consideration of all the evidence, tbe Disability
Retirement and Rehabilitation Committee find the
evidence provided by Arnold M. Stein, M.D. to be per-
suasive and convincing, and we accept Dr. Stein's
opinion tbat Sally Alcaraz suffers from rbeumatoid artb
ritis, a nonindustrial medical condition, and that tbe
patient is not capable of performing all of the duties
listed in the job description of Custodian.
3. In recent years, Sally Alcaraz has been working at
tbe Enterprise building, Nicbolson Center, and the
Parks, Recreation and Community Services offices. She
has not been assigned to perform duties which she is
incapable of performin~, such as heavy lifting, moving
furniture, or climbing ladders. She has been capable
of performing all of the duties to which she bas
. '
actually been assigned. Therefore, while Sally
i
Alcaraz I
I
-2-
C. 1
2
3
4
S
6
7
8
9
10
11
12
13
14
IS
16
11
18
19
20
21
22
23 I
I
24 I
I
2S I
I
26 Ii
II
;,
27 ,
Ii
I:
,.
28 ji
II
d
I
I
I
I
is not
o
physically
performing all of the
o
o
capable of
duties listed in the job description of Custodian,
she is presently able to perform the work to which she
has been assi~ned.
STATEMENT OF DECISION
1. Sally Alcaraz is not, at the present time, incapacitated
for the performance of her assi~ned duties as
Custodian.
Dated:
February 23, 1987
Approved:
..e". ~ dL4
R~er C. DeFratis
,. .~
' .,
,{ Ii L t,~. 1 - I 1 .'-.........:-.
William Sabourin
/9/ 2?~
Bruce n./Gadbois
# .
-3-
~
C CITY OF SAN ~~NARDIN~-
MARY JANE PERLICK
To Director of Personnel
Subject Disability Retirement of Sally Alcaraz --
Position of Custodian, Range 1061
"'~EMORANDlQ
ROGER G. HARDGRAVE, Dir. of
Public Works/City Engineer
December 24, 1986
File No. 6.51
From
eet.
Approved
eet.
This is to summarize the meeting held on 12-23-86, to determine what positions
Ms. Alcaraz could be transferred to:
Present at this meeting were:
Mary Jane Perlick, Director of Personnel
Gil Ha", Building Maintenance Supervisor
Joe Whittle, Custodial Supervisor
R. Hardgrave, Director of Public Works
The City's Budget, jOb descriptions and vacancy list were reviewed in an
attempt to find a suitable position.
After carefully reviewing these documents, the only positions which might be
considered are Parking Control Checker (Range 1083) and Information Clerk
(Range 1043).
There is no vacant position of Parking Control Checker. A new position
would have to be created, and vehicle acquired. Another position of Parking
Control Checker could be used to some degree of effectiveness, but not to the
same level as the present positions. Also, a transfer to the position would
entail a substantial increase in salary, which would require compliance with
Civil Service testing procedures.
There are no authorized positions of Information Clerk in the Public Works
Department. A transfer to this position would result in a significant reduc-
tion of salary.
A transfer to either of these positions would present some formidable problems
that would have to be worked out before such action could be taken.
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
RGH: rs
cc: Wayne Overstreet ~
# .
LJ_ J.. ... _ _ "1.."
JOB DESCRIPTioN
o
CUSTOOIAN
o
Vb -/0-77
c
Under direction, accomplishes a variety of unskilled custodial work in cleaning
City buildings, offices, furniture, and facilities, preparing rooms for meetings or
conferences, maintaining and repairing City buildings, grounds, and facilities. .
REPRESENTATIVE DUTIES
Operates scrubbers, buffers, waxers, and other equipment and machinery; cleans
stairways. hallways, offices. lobbies, and other areas in City bUildings; cleans,
sweeps, scrubs. mops, strips, waxes, polishes, and oils floors; clean ceilings,
walls. window shades, light fixtures, interior glass partitions, and venetian
blinds; cleans rest rooms and replenishes toilet ,supplies; cleans sand urns, sinks,
drinking fountains, and stoves; empties and cleans wastebaskets, ash trays, and
trash containers; vacuums rugs and carpets; dusts. waxes, and polishes furniture,
woodwork, fixtures, and equipment; washes windows, showcases, doors, and desk tops;
and polishes metal fixtures.
Accomplishes minor building maintenance or .repair work; assists in moving and
arranging office furniture, supplies, and other heavy equipment for special events;
prepares, rooms for meetings or conferences; cleans parking lots and surrounding
grounds; sweeps and hoses sidewalks, blacktop areas, and waltw~s around buildings;
picks up litter, lawn and shrub trilllllings; maintains materials, equfpment~ tools.
and janitorial supplies used in custodial work; orders, recefves, and stores custodial
suppltes; replaces electri'c lights; turns out lights; locks doors and windows; observe
safety rules and regulations; guards assigned area to prevent vandalfsm; serves as
01 watchman for the building or offi'ce l5'eing cleaned. '
Performs other related work as required.
EMPLOYMENT STANDARDS
ABility to read and write at the level required for successful Job performance,
and at least one (1) year experience in janitorial or custodial work. Possession of
a valid California motor vehicle operator's ,ltcense ts required.
GENERAL QOALIFICATIONS
Knowledge of the methods, materials, and equipment used in custodial work.
Ability to operate and mafntain mechanfcal and power equipment and maChinery
used in custodfal worlc; ..Ice .fnor repairs and adjustments to bufldings and equipalent;
11ft or'.ove heavy o&jects; learn other cleaning operations required fn custodial
worlc; mafntafn schedules in accomplishing assigned tasks; report 1II1functfons in
equipment and unsafe condition of ~uflding~; observe safety rules and regulations;
accomplish routine custodial dutfes fndependently wfthout close supervfsfon; ~llow
oral and wrftten instructions; work effectfvely with other employees; meet the
general public with courtesy and tact.
Must possess physical strength and agilfty sufficient to accomplish cleaning wor'
ResponSibility, reliability, and stea~ work habits are of equal importance to the .
knowledge and abilities required. Subject to extended shift or rotational duty
assignments to include weekend~.' No conviction of a felony offense or misdemeanor
offenses ,involving moral turpitude.
1l+Vf- "C'
f}-'
(",4--
-
C
ell
....
, ...
... 1'" .
, ':":"
y..;
. . . tit
A.
Giv ":d~P~ c: lc..~.t phY~lc~ta~r... ~ccompllshed:
(be clf~4S to 4Pproxlm.~frCq y and extent)
1. Lifting of mop buckets with water
~
2. Moving file cabinets, desks. office eQui~nt.
3. Moving Machinery equipment.
8. Lifting or carrying strength required:
lO lbs. or less max. L::7
Occasian41 20 lbs. max. L::7
frequent up to lO lbs. max. L::7
Occasional 50 lbs. max. L::7
frequent up to 25 lbs. max. L::7
Occasional 100 lbs. max. L!:Z
frequent up to 50 lbs. _ax. z=K7
Occasional 100 lbs. max. L::7.
frequent 50 lbs. or .ore z::7'
C. Describe the extent of the following characteristics required to
perform the job.
1. Stress: Minim""
2. Vision (Far-Near-Color): A
3. Mobil i ty-F1exi bilHy-Oexterl ty: Good
4. Hearl ng: Good
O. Environmental Conditions:
(a) inside L::7 outside L::7 both l2[7
(b) . usullly hot (900" IboveLO.' usullly cold (500 , below) 0
wid. variltions (more thin 250) L:i7
(c) w.t Indlor hu.id L:i7 distrlcting noise Indlor vibration lJL7
(d) fu.es L1[7 odors L:!7 dust l][7 poor ventilltion L::7
COMMENTS:
Olte: July 2. 1981
FORM COMPLETED 8Y Margte Lachman
TITLE Clerical OperlltiM~ sup
FORM REVIEWED BY
Joe Whtttl.
TITLE Custodial Sl.\pervhor
c
~CLO M. STEIN.Q o.
.. ...O,.I:..IONA... co...a....no...
I" CA.T ...T .T...T
'AN ..I:I'''A''DINO. c"......O....IA la...
........
o
December 15, 1986
City of San Bernardino
300 North "D" Street
San Bernardino, CA., 92418
Attn: Mr. Roger DeFratis,
Personnel Department,
Assist. Personnel Director
Re: Sally Alcaraz
551: 571-84-4446
Dear Mr. DeFratis:
On December 4, 1986, I completed a work evaluation on Ma
Sally Alcaraz, a Fifty-Nine year old Female, who has worked for
the City of San Bernardino for twelve years, as a Custodian.
Ma Alcaraz' medical problems concern Rheumatoid Arthritis, for
which she is under the care of physicians at Kaiser HospitaL in
Fontana. Ms Alcaraz stated that she haa had Arthritis for about
five years. She, presently, uses Naprosyn, 500 mgs., twice a
day, in addition to Nuprin for her symptoms. The patient has
pain in most of the joints of her body and this involves her
hands, shoulders, knees, feet and back. MaAlcaraz stated that
her arthritis has been slowly progressing to a worsening condit-
ion, but she is still able to drive her car, has continued to
work, but she does state that working has become increasingly
difficult for her and that she has considered retiring because
of her medical problems. The patient denied having any other
concurrent medical problems and says that she does not use
alcohol or tobacco. She further denied having any particular
weight loss.
Ma. Alcaraz has the typical symptoms of morning stiffness,
which is relieved somewhat when she uses her hands. She appears
to have intermittent flare-ups of acute pain with limitation of
motion to most of the joints and good responses to adjunctive
modalities, such as heat and rest.
General Examination: The patient's Height is 5' 1"; Weight:
140 lbs.; Blood Pressure: 130/80; Pulse: 84 a regular; Respira-
tions: 16.
Examination of the Head is \mremarkable; her Chest is grossly
clear to auscultation and percussion; the Abdomen is Negative; a
pelvic examination was not completed. Examination of the Hands
showed typical changes of moderate Rheumatoid Arthritis with Ulnar
~ .
~\".. . " d."
"0
Re: Sally Alcara~
o
12/150
Stein -- page:)o
Deviation, Prominence of the Metacarpal Phalangeal Joints and
Examination of the Knees showed early crepitation, swelling,
tendernesa and there are typical. moderately advanced changes in
the small joints of the feet. The patient walks with a slight
limp and admits to pain in most of her joints most of the time.
She stated that she gets some relief from taking the Naprosyn
and she has apparently been tried on other anti-inflammatory
drugs, which she does not recall the names of at this time.
At the time of her visit a request was forwarded to Kaiser
for her medical records, but I have not received these as yet.
When she was seen on December 4, 1986, the remainder of the exam-
ination was accomplished and, along with reviewing Ms Alcaraz'
work situation, noting the extent of her Arthritis, and listening
to her complaints, it would be my opinion that this Woman should
be medically retired from her present occupation as a Custodian
for the City of San Bernardino. There is no doubt in my mind that
her Arthritis will be Progressive and, considering her age, and
the nature of her occupation, I doubt that she is doing herself
any good by working at this time, and that certainly her effective-
ness as an employee would be marginal to fair at best.
Hs. Alcaraz appears to be accepting of the fact that she can
no longer be working, nor should she, and that her Arthritis will,
most likely, cause her more pain and disability as time ,goes on,
and it is my firm opinion that Medical Retirement should be pur-
sued at this time. While I have not reviewed her medical records,
or her past history of medical care, I feel that my opinion is
just at this time and, if there is any change, or added information
which may be gained through reviewing her medical records, I will
send you a supplemental report at the time I receive them. However,
as above stated. it would be my opinion that this Woman is DO longer
qualified to do her job and she appears to be in agreement with
this decision. As I have stated, she will most likely have increas-
ing problems, increasing need for medical care and be most comfort-
able if she could be Medically Retired.
If
matter,
I can be of any further help to you in regard to this
please do not hesitate to contact me.
?'irdy. ()
~J~,~
Arnold M. Stein, M.D.
AMS/hek
-I .
.
o
o
o
.:)
c
ERNARDINO JOO NORTH "D" STREET. SAN BERNARDINO. CALIFORNIA 82411
EVLYN WILCOX
Moyar
~"'...... of t.... Common Council
ER.... bred.. . . . . . . . . . . . . ~Ird WUCI
JaCII ".IU~............. .SecondW.,cI
AIIOft H.......nclel . . . . . . . . . . . Tn'rd WI'"
5t.... Marlll . . . . . . . . . . . . . f'ourtn Ward
Gonion Qulel . . . . . . . . . . . . . Fifth We,.
Dan F'...... . . . . . . . . . . . . . . Slxtn Ward
Jack Strk:k.... . . . . . . . . . . . -Seventh War.
January 7, 1987
Mrs. Sally Alcaraz
658 W. 11th Street
San Bernardino, Ca. 92401
Dear Sally,
Based upon the recommendation of the city physician, it has
been determined that you are physically unable to perform the
duties of the classification for which you are assigned.
A reasonable attempt has been made to accommodate you to find
a classification within the city that you could perform with
your physical condition. We have been unable to find such a
position.
Therefore action is being taken to recommend to the City
Administrator that involuntary disability retirement applica-
tion be filed with the State Public Employees Retirement
System.
Your right to appeal this decision within five (5) working
days from the date you receive this letter has been explained
to you by the Director of Personnel of the City of San
Bernardino. You will be notified of the City Administrator's
decision, however, you must proceed with appeal action if you
so desire. '
P E=),
~(,t;-"
Q~
~"II<l''''. --An
.c
o
Mrs. Sally Alcaraz
January 7, 1987
Page 2
WO:mal
cc: Mayor
City Administrator
City Attorney
Director of Personnel
Director of Public Works
Counc 11
File: Corrsp. 1-8 17
persnl. 9- 15 , 16
Legal 7-12
Safety 13-12
P 4b4 ~27 025 .
RECEIPT FOR CERTIFIED MAIL
'-0 I~SURA'-CE COVERAGE PltQvlOfO
loIor reR I,.TEAIIIAT'O..AL "All
,See Reverse}
..
..
:!
3AI'to Sa 11 v Alcaraz
rs.
<6~8nW~O 11 th Street
o S>ari,aM'"n'frafno. Ca. 92401
P)S:d':l~ ;
1'"'......-': f=p~
i -;:...@t. -" ~"-""". &:''!!ft
,
I q..,,, '~O':"..i?'vF"
I
~t!'lut" =lecl!'Pt j",..,,,,,,,nq
::J .wP\Qm Gncl Oa:e Dellv.'ed
Mt"fU'" ~<<e.Ol 'SnO'N"'8; fO ...nom
Dal.. cine! Ado'e$! 01 1!':''''!fV
TOTAl" PO"lilage and FHS ;
Post""..,. Ot Date
1-7-87
:
i
.;,
!
ci
0:
oj
..
,;
.
~
.,
I
e
~
...
"'
..
# .
.
o
o
o
o
o
~
RECEIVED-CITY CLERt<
'87 APR 28 p 3 :28
C I T Y
o F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8703-220
TO:
City's Disability Retirement Committee
_ ;u
~ rn
....... C'!
o
FROM:
SUBJECT:
Wayne Overstreet
Reconsideration of Committee's Decision
Alcaraz
,...
"'"
- sa1~
o
I
P-
o
~
%:
.
--
DATE:
March 20, 1987
(7019)
COPIES:
o
,__I -T1
Raymond D. Schweitzer, City AdministratorlRoger G~, ~
Hardgrave, Director of Public Works/City Engineer 0'
-------------------------------------------------------------
Reference:
a). Findings and statement of decision dated February 2~,
1987.
b). Memorandum from Roger G. Hardgrave, Director of Public
Works/City Engineer, dated December 24, 1986.
c). Custodial Job Description and Physical Tasks dated June
14, 1977.
d). Medical Report of Arnold M. Stein, M.D., dated December
15, 1986.
e). Letter to Ms. Alcaraz, dated January 7,1987.
Prior to February 1987, The Custodial Maintenance Section of
the Public Buildings Division, maintained over thirty eight
(38) separate city owned or leased facilities that has over
500,000 square feet of floor space, that required service
twenty-three (23) hours a day, seven days a week. This
section had nineteen (19) permanent employees and Forty Five
(45) part-time custodial aides to accomplish this assigned
workload.
This large workforce allowed a great deal of flexibility in
assigning light duty task to some employees, such as, Mrs.
Alcaraz. However in October 1986 twenty four (24) of the
locations were contracted out. A reduction in force action
was taken, and several employees were laid off, and some
retired. In February 1987, the Public Enterprise Center,
(where Ms. Alcaraz was working), was leased by the Golden
State SchOOl, Inc., as~the result of this action the Custod-
ial Maintenance Section again had to take a reduction in
,
c
o
o
:>
INTEROFFICE MEMORANDUM: 8703-220
Reconsideration of Committee's Decision - Sally Alcarez
March 20, 1987
Page 2
force action. This has left this section with only three (3)
crews that have a combined workforce of fourteen (14) per-
manent and eighteen (18) part-time custodial aides. Each of
these employees are required to perform similar tasks, such
as, lifting mop buckets filled with water. Move file cab-
inents, desks, chairs, office equipment, machinery and
equipment. Drive a 3/4 ton van, trucks, operate a floor
buffer, scrubber and a vacuum cleaner. They are also re-
quired to work inside and outside under conditions that may
have temperature variations of more then 2sealso the con-
ditions will be wet, hot and humid. (Reference "C") We no
longer have the opportunity to have "Light Duty" assignments.
Based upon the medical report of Doctor Stein that was
received in December 1986 (Reference "0") a meeting was held
on December 23, 1986 (Reference "B") to determine if there
was a suitable position that Ms. Alcaraz could be transferred
to. It was determined that there was no vacant position that
Ms. Alcaraz could be transferred to within the Public Works
Department. Further and most significant for Ms. Alcaraz,
there is no light duty available to be assigned. Since Ms.
Alcaraz had utilized all of her Sick Leave and Vacation time.
It was decided to place Ms. Alcaraz on Paid Administrative
Leave (12-09-86 to 01-13-87) until the Superintendent re-
turned from vacation.
January 7, 1987,upon return from vacation, I made a detailed
review of all action and made a recommendation to the City
Administrator in accordance with Resolution No. 81-582 dated
December, 7, 1981, and so advised Ms. Alcaraz (Reference
"E") .
Since all these facts were not available at the time of the
City's Disability Retirement and Rehabilitation Committee
Hearing (Reference "a").
Apparently it was not sufficiently made clear that this
section no longer has the flexibility to offer "Light Work"
assignments. The total unavailability of such assignments,
coupled with undisputed medical information that she can not
perform full duties, should convince the Disability Board
that she is disabled for the only work we have available, and
that accordingly she should be determined/entitled to Dis-
ability Retirement.
Respectfull request a reconsideration of this matter.
~ .
CJ
o
-
v
\
,_J.
MEMORANDUM: 8703-220
of Committee's Decision - Sally Alcarez
WO:ja
Control
~ .
C
1
1
3
4
S
6
7
8
9
10
11
11
13
14
IS
16
17
18
19
20
21
22
23
24
2S
26
27
28
o :.)
BEFORE THE DISABILITY RETIREMENT
AND REHABILITATION COMMITTEE
OF THE CITY OF SAN BERNARDINO
:>
IN THE MATTER OF
SALLY ALCARAZ
)
)
FINDINGS AND
STATEMENT OF DECISION
The above-ca9tioned matter concernin~ the issue of disability
for the performance of the duties of Sally Alcaraz came on for
hearin~ on January 12, 1987 at 10:30 a.m. before the Disability
Retirement and Rehabilitation Committee of the City of San
Bernardino, in the office of the Director of Risk Management,
Room 427, 300 North D Street, San Bernardino, California 92418.
Sally Alcaraz was present and was accompanied by AFSCME
representative Ed Lehman. Bruce H. Gadbois, RORer DeFratis, and
William Sabourin were present as members of the Disability
Retirement and Rehabilitation Committee. Wayne Overstreet,
Superintendent of Public Buildin~s, was also present. The
Disability Retirement and Rehabilitation Committee heard the
testimony of Sally Alcaraz and Wayne Overstreet, and examined ~
and considered the documentary proof offered by the parties
including:
1. Medical report of Arnold M. Stein, M.D., dated December
15, 1986.
2. Medical statement of Samuel S. Paw, M.D., dated
January 13, 1987.
3. City of San Bernardino job description for the 90sition I
4.
of Custodian, dated
~ .
Employee evaluation
June, 1977.
~~"'&! .
C 1
2
3
4
S
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
2S
26
27
28
July,
19~; July, 1983; ~lY, 1984; July, 1985;
o
and
July, 1986.
The Disability Retirement and Rehabilitation Committee bein~
fully advised makes its findings and statement of decision as
follows:
FINDINGS
1. Sally Alcaraz was appointed as a Custodian by the
Mayor and Common Council of the City of San Bernardino
on October 26, 1976, and is presently employed as a
Custodian with the City of San Bernardino.
2. Upon consideration of all the evidence, the Disability
Retirement and Rehabilitation Committee find the
evidence provided by Arnold M. Stein, U.D. to be per-
suasive and convincin~, and we accept Dr. Stein's
opinion that Sally Alcaraz suffers from rheumatoid arth
ritis, a nonindustrial medical condition, and that the
patient is not capable of performin~ all of the duties
listed in the job description of Custodian.
3. In recent years, Sally Alcaraz has been workin~ at
the Enterprise building, Nicholson Center, and the
Parks, Recreation and Community Services offices. She
has not been assigned to perform duties which she is
incapable of performin~, such as heavy liftin~, moving
furniture, or climbin~ ladders. She has been capable
of performin~
~ .
actually been
all of the duties to which she has
I
assigned. Therefore, while Sally Alcaraz I
-2-
.
C 1
2
3
4
S
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23 I
24 I
I
2S I
I
I
26 II
!I
I'
27 I
I[
I'
,:
28 ,
I
I
I
I
I
I
0 0 :>
is not pbysically capable of performing all of tbe
duties listed in tbe job description of Custodian,
sbe is presently able to perform the work to wbicb sbe
bas been assigned.
STATEMENT OF DECISION
1. Sally Alcaraz is not, at tbe present time, incapacitated
for the performance of ber assiKned duties as
Custodian.
Dated:
February 23, 1987
Approved:
;~. ~ d~
R~er C. DeFratis
,. . J:
J .. '" .
.ll LV.......]. t ,......_
William Sabourin
/Y/ 2?~
Bruce H./Gadbois
# .
-3-
. "I' . ...,. ......'""".'
. ~ MARY JANE PERLICK
To Director of Personnel
""~I .1 ...--. t~'1 .'-1"
-C :>
"'....."."'. ''''I 'LlU~
ROGER G. HARDGRAYE~' Oil'. of
From Public Works/City Engineer
Date Decenmer 24, 1986
File No. 6.51
Su~ Disability Reti~nt of Sally Alcaraz --
Position of Custodian, Range 1061
Approved
O.te
This is to summarize the meeting held on 12-23-86, to determine what positions
Ms. Alcaraz could be transferred to:
Present at this meeting were:
Mary Jane Perlick, Director of Personnel
Gil Hall, Building Maintenance Supervisor
Joe Whittle, Custodial Supervisor
R. Hardgrave, Director of Public Works
The City's Budget, job descriptions and vacancy list were reviewed in an
attempt to find a suitable position.
After carefully reviewing these documents, the only positions which might be
considered are Parking Control Checker (Range 1083) and Information Clerk
(Range 1043).
There is no vacant position of Parking Control Checker. A new position
would have to be created, and vehicle acquired. Another position of Parking
Control Checker could be used to some degree of effectiveness, but not to the
same level as the present positions. Also, a transfer to the position would
entail a substantial increase in salary, which would require compliance with
Civil Service testing procedures.
There are no authorized positions of Information Clerk in the Public Works
Department. A transfer to this position would result in a significant reduc-
tion of salary.
A transfer to either of these positions would present some formidable problems
that would have to be worked out before such action could be taken.
ROGER G. HAROGRAVE
Director of Public Works/City Engineer
RGH:rs
cc: Wayne Overstreet ~
~ .
~u.._. "//'
c
lOB DESCRIPTION
o
CUSTOOIAN 0
,,/,,-0-77
Under direction. accomplishes a variety of unskilled custodial work in cleaning
City buildings. offices, furniture. and facilities, preparing rooms for meetings or
conferences, _aintaining and repairing City bUildings, grounds. and facilities. '
REPRESENTATIVE DUTIES
Operates scrubbers, buffers. waxers, and other equipment and machinery; cleans
stairways, hallways. offices. lobbies, and other areas in City buildings; cleans,
sweeps, scrubs, mops, strips. waxes, polishes, and oils floors; clean ceilings.
walls, window shades, light fi~tures. interior glass partitions, and venetian
blinds; cleans rest rooms and replenishes toilet supplies; cleans sand urns. sinks,
drinking fountains, and stoves; empties and cleans wastebaskets, ash trays. and
trash containers; vacuums rugs and carpets; dusts, waxes, and polishes furniture,
woodwork, fixtures, and equipment; washes windows, showcases, doors. and desk tops;
and polishes metal fixtures.
Accomplishes minor building maintenance or repair work; assists in moving and
arranging office furniture, supplies, and other heavy equipment for special events;
prepares, rooms for meetings or conferences; cleans parking lots and surrounding
grounds; sweeps and hoses sidewalks, blacktop areas. and walkways around buildings;
picks up litter, lawn and shrub trimmings; maintains materials, equipment, tools.
and janitorial supplies used in custodial work; orders, receives. and stores custodia'
supplies; replaces' e1ectrtc lights; turns out lights; locks doors and windows; observl
safety rules and regulations; guards assigned area to prevent vandalism; serves as
d watchman for the building or offi~e ~eing cleaned. .
Performs other related work as required.
EMPLOYMENT STANDARDS
Alinity to read and write at the level required for successful Job performance.
and at least one (1) year experience in janitorial or custodial work. Possession of
a valid California motor vehicle operator's .1tcense is required.
GENERAL QUALIFICATIONS
Knowledge of the methods, materials, and equipment used in custodial work.
Ability to operate and maintain mechanical and power equipment and machinery
used in custodial work; ..ke minor repairs and adjustments to buildings and equipment;
lift or'move heavY o~jects; learn other cleaning operations required in custodial
work; maintain Schedules in accompliShing assigned tasks; report malfunctions in
equipment and unsafe condition of ~uildings; observe safety rules and regulations;
accomplish routine custodial duties independently without close supervision; f~llow
oral and written instructions; work effectively with other employees; meet the
general public with courtesy and tact.
Must possess physical strength and agility sufficient to accomplish cleaning wor
ResponSibility, reliability. and steadY work habits are of equal importance to the
knowledge and abilities required. Subject to extended shift or rotational duty
assignments to include weekend..' No conviction of a felony offense or misdemeanor
offenses ,involving moral turpitude.
1?~.. "e"
,4.
. ~-14
Ceu
A,
G1V .xdmplc.::.,. c: I-r.:.t pLYS.l~ tdSY.~ "~c.crr,plls.hcd:
(be >CIO as to approximV frcq 1 and extent)
1. Lifting of mop buckets with water
,:)
2. Moving file cabinets. desks. office equi~nt.
3. Moving Machinery equipment.
B. Lifting or carrying strength required:
10 lbs. or less max. CJ
Occasional 20 lbs. max. CJ
frequent up to 10 lbs. max. CJ
Occasional 50 lbs. max. CJ
frequent up to 25 lbs. max. CJ
Occasional 100 lbs. max. L!:7.
frequent up to 50 lbs. max. z:K7
Occasional 100 lbs. max. L::7
frequent 50 lbs. or more z::7'
C. Describe the extent of the following characteristics required to
perform the Job.
1. Stress: Minimllll
~ 1 ~.'" :.~.
2. Vision (Far-Near-Color): A
3. Mobility-Flexibility-Dexterity: Good
4. Hearing: Good
D. Environmental Conditions:
(a) inside CJ outside CJ both lJ[7
(b) . usually hot (900', aboveJ.D. usually cold (500 , below) 0
wide variations (more than 250) LJl7
"- '.. Cc) wet and/or humid CiJ dhtracting noise and/or vibration GJ
:-. 1't.
-,"'. Cd) fumes CD odors t::%J dust m poor ventilation CJ
r.';
, , . ..
COMMENTS:
Date: July 2. 19B1
FORM COMPLETED BY Margie Lachman
TITLE Clerical O1)l!rat:fM!: <:IlPV
FORM REVIEWED BY
Joe Whittle
TITLE Cus todi a 1 Supl!rvhor
c
~OLD M. STEIN,Q D.
o
A ~"D"I..laN"'&' call1l.-a..na...
u. ..ST I'ST IT".aT
IAN ....""'..01"0. c.t,.'P'O"N'. I.".
........
December 15, 1986
City of San Bernardino
300 North "D" Street
San Bernardino, CA., 92418
Attn: Mr. Roger DeFratis,
Personnel Department,
Assist. Personnel Director
Re: Sally Alcaraz
SS#: 571-84-4446
Dear Mr. DeFratis:
On December 4, 1986, I completed a work evaluation on Ms
Sally Alcaraz, a Fifty-Nine year old Female, who has worked for
the City of San Bernardino for twelve years, as a Custodian.
MS Alcaraz' medical problems concern Rheumatoid Arthritis, for
which she is under the care of physicians at Kaiser HospitaL in
Fontana. Ms Alcaraz stated that she has had Arthritis for about
five years. She, presently, uses Naprosyn, 500 mgs., twice a
day, in addition to Nuprin for her symptoms. The patient has
pain in most of the joints of her body and this involves her
hands, shoulders, knees, feet and back. MsAlcaraz stated that
her arthritis has been slowly progressing to a worsening condit-
ion, but she is still able to drive her car, has continued to
work, but she does state that working has become increasingly
difficult for her and that she has considered retiring because
of her medical problems. The patient denied having any other
concurrent medical problems and says that she does not use
alcohol or tobacco. She further denied having any particular
weight loss.
Ms. Alcaraz has the typical symptoms of morning stiffness,
which is relieved somewhat when she uses her hands. She appears
to have intermittent flare-ups of acute pain with limitation of
motion to most of the joints and good responses to adjunctive
modalities, such .. heat and rest.
General Examination: The patient's Height is 5' 1": Weight:
140 lbs.: Blood Pressure: 130/80; Pulse: 84 a regular: Respira-
tions: 16.
Examination of the Head is unremarkable: her Chest is grossly
clear to auscultation and percussion; the Abdomen is Negative: a
pelvic examination was not completed. Examination of the Hands
showed typical changes of moderate Rheumatoid Arthritis with Ulnar
~ .
~C"'. "d."
c
Re: Sally AlcaI__
o
12/150
Stein -- page ~
Deviation, Prominence of the Metacarpal Phalangeal Joints and
Examination of the Knees showed early crepitation, swelling,
tenderness and there are typical, moderately advanced changes in
the small joints of the feet. The patient walks with a slight
limp and admits to pain in most of her joints most of the time.
She stated that she gets some relief from taking the Naprosyn
and she has apparently been tried on other anti-inflammatory
drugs, which she does not recall the names of at this time.
At the time of her visit a request was forwarded to Kaiser
for her medical records, but I have not received these as yet.
When she was seen on December 4, 1986, the remainder of the exam-
ination was accomplished and, along with reviewing Hs Alcaraz'
work situation, noting the extent of her Arthritis, and listening
to her complaints, it would be my opinion that this Woman should
be medically retired from her present occupation as a Custodian
for the City of San Bernardino. There is no doubt in my mind that
her Arthritis will be Progressive and, considering her age, and
the nature of her occupation, I doubt that she is doing herself
any good by working at this time, and that certainly her effective-
ness as an employee would be marginal to fair at best,
Hs. Alcaraz appears to be accepting of the fact that she can
no longer be working, nor should she, and that her Arthritis will,
most likely, cause her more pain and disability as time goes on,
and it is my firm opinion that Medical Retirement should be pur-
sued at this time. While I have not reviewed her medical records,
or her past history of medical care, I feel that my opinion is
just at this time and, if there is any change, or added information
which may be gained through reviewing her medical records, I will
send you a supplemental report at the time I receive them, However,
as above stated, it would be my opinion that this Woman is no longer
qualified to do her job and she appears to be in agreement with
this decision. As I have stated, she will most likely have increas-
ing problems, increasing need for medical care and be most comfort-
able if she could be Medically Retired.
If
matter,
I can be of any further help to you in regard to this
please do not hesitate to contact me.
~rely. 0
L.L J Vt-.~
Arnold M. Stein, M.D.
AMS/hek
.,.
c
o
o
o
ERN ARD IN 0 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 11241'
EVLYN WILCOX
Moyor
MemlMrl or 1M Common Council
E..... ."'MI. . . . . . . . . . . . . "'m Ward
Jack ".llIy. . . . . . . . . . . . . . SKOmI WI,.
AIIIDfI H.rNndu . . . . . . . . . . . Third WI'.
St... Marks. . . . . . . . . . . . . ~ou"n WlrcI
Gorclon Qule. . . . . . . . . . . . . . "'1"" WI"
0." "ru.... . . . . . . . . . . . . . . SI.ln Ward
JKk StrICkler. . . . . . . . . . . ~n."t" Ward
January 7, 1987
Mrs. Sally Alcaraz
658 W. 11th Street
San Bernardino, Ca. 92401
Dear Sally,
Based upon the recommendation of the city physician, it has
been determined that you are physically unable to perform the
duties of the classification for which you are assigned.
A reasonable attempt has been made to accommodate you to find
a classification within the city that you could perform with
your physical condition. We have been unable to find such a
position.
Therefore action is being taken to recommend to the City
Administrator that involuntary disability retirement applica-
tion be filed with the State Public Employees Retirement
System.
Your right to appeal this decision within five (5) working
days from the date you receive this letter has been explained
to you by the Director of Personnel of the City of San
Bernardino. You will be notified of the City Administrator's
decision, however, you must proceed with appeal action if you
so desire.
t!'> A,
~(,~~
U(!i
~t......... .'....n
'.0
o
Mrs. Sally Alcaraz
January 7, 1987
Page 2
WO:mal
cc: Mayor
City Administrator
City Attorney
Director of Personnel
Director of Public Works
Counc il
File:
Corrsp. 1-8 .7
Persnl. 9- .5 , .6
Legal 7-'2
Safety 13-'2
P 464 627 025 .
RECEIPT FOR CERTIFIED MAIL
~o :..SiJll....~CE :OvERAGE PROVIDED
..or ~~F1INrtAP4Ar<O!llAl "'All
I See Reverse)
:;
i
..
!
ci
.:
"
..
;:;
.
j~t:o Sa 11 v Alcaraz
rs.
":""~f"1 a"" No
658 w. 11th Street
o S'a~'.M'''n~rarno , Ca, 92401
l:o'S:<3::l'?'
I ......'.,: ~"l:'
: i:.e., C" '''',l:'l?'!'
!
I c;;..,,,. '€'f: C""'~"~ ~H
I
I q~'ur'" ~('c""ot ~"'f')w,nq
::;: ..nom dnl) na:e 0",It...e-e"
M~fUt'" 'll!oCe'OI <;r"'WI"~ !O ...,,,om
Oal... dr'I(J A.dOre-S5 01 e:,...~r...
raTA.l PO"'ilq. olnd Fees ;
P"'SI""d'. 0/ Dale
1-7-87
'"
..
..
.
C
2
..,
8"
..
'"
E
~
"-
III
..
~ .
4
o
o
INVOICE
FROM
CHE CITY OF
SAN BERNARDINO
784-0 -2 2
7M-000-20226
784-000-20224
-
ON YOUR REMITTANCE
o
FINANCE DEPARTMENT
300 NORTH D STREET
SAN BERNARDINO, CA 92418
TELEPHONE 17141 383-5144
DA TE 2/26/87
DEPT Finance
:Mi56
TO: SALLY ALCARAZ
658 WEST 11TH STREET
SAN BERNARDINO CA 92410
AND:
,,~- , , ~..~ ' '~''"1''-;rJ
~""-t- -~ ~~. . ~ .f ..
. .- ','
, - ~~-- ,--
- ~-~:n' . ~~ ",":~:~.:--:;~. J:,~_ _ ..' - . . " _~ .~~--~; ~; :._...
-
,
o
,
o
Insurance 2nd half February 19~7.
Ka i ser
AD&D
Life
$43.34
1.10
1.03
THE LAST AMOUNT IN THIS COLUMN IS NOW DUE-
,
o
,
o
$45.47
DIST: WHITE.CU5T; CANARY. 2ND PARTY; BlUE. FINANCE NUMERIC; GOL[).DePT; BUFF-FINANCE
"
'._ ,., Cl ~ 't\o1 It'ili
.....~ l,~ '\1
:;l- ,'f _ '1.\.,;\'0
. :\~G .,,\,,-
\. :':'
~
::0
m
C")
m
<
m
c::>
I
:2
,~
-<
"
r-
C'"1
;0
""
"'"
;g
N
co
"'Q
\.oJ
N
'Cl
,
INVOICE
CTHE CITY OF
SAN BERNARDINO
o
~~;,;;>:,
._, 'L.
'. ,~~
-, .
ON YOuR REMITTA'NCE l':j.:: U b
o
CITV ON THE MOVE
784-000-2022
784-000-2022
784-000-2022
FINANCE DEPARTMENT
300 NORTH D STREET
SAN BERNARDINO, CA 9241 B
TELEPHONE 17141383-5144
DATE 3/17/87
$86.68 '
2,05
2.20li
DEPT F i na nce
TO: SALL Y ALCARAZ
658 WEST 11TH STREET
SAN BERNARDINO CA 92410
AND:
L~\~ "":~;;';r, :
~.~~'~~ - -~ ~. .
-
,
o
.
o
. -'_ ..~ --_ ..;~ ~.. :--_-~, ._ ( . '_~ _ :~.T.. ., , : ;''":'
.
o
.
.
Insurance r~arch 1987
Kaiser $86.68
Life 2.05
AD&D 2.20
$90.93
THE LAST AMOUNT IN THIS COLUMN IS NOW DUE-
OlST: WHlTe.CUST; CANARY.2ND PARTY; BlUE.FINANCE NUMERIC; GOLD-DEPT; BUFF-FINANCE
~ ::II
en
C")
......
~ ;::
rn
0
N ,
Q
co ~
-<
"'Q "
W ..
N ,"I
;u
\0 , -x. ,(-,
" O$: ~cl'4 L~\i\
,," "III - J
", . ....\..Q'f - 'Q,~3'd
'HI) ""
I,.-'\. _'.
'J
\, ("
~
.. c '-
'- . ....(:...'
'. . ......"~
.... ..
:1{, COUNT~.a,1I "'.:JNICIPAL EMPLOYEES, AFl.r-.)
;- ',.:<I .~,..,
Bruce Gadbois
Director
Emergency Services
City of San Bernardino
300 North '0. Street
San Bernardino, CA 92418
February 6, 1987
Dear Mr. Gadbois:
AttaChed is a copy of a letter to be addressed to M. J.
Perlick when we believed the appeal of Ms. Sally Alcarez was to
be heard by the Civil Service Commission.
Please forward the information requested. In addition,
please include a copy of your Department's policies and
procedures cOncerning involuntary disabilities.
Thank you,
c~ ~/ ~ _
Ed Lehman
AFSCME Representative
EL/af
opeiu 30, afl-cia
~ ::0
m
n
m
"'" <
;g m
c::>
~ I
"
......
"'Q -<
"
\.oJ r-
N rr1
;0
\() ""
\J~ 'M" l~\
"'0 '-. \., 't\ ,;\,'0
:i .",,,61 - ,
.~!O
'-,
-'_._-~'--"--,--,,.- ...,. --....------.....--..... ...
I