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Home My WebLink About25- City Attorney CI ' OF SAN BERNARD- V REOUr►T FOR COUNCIL AC"-ION From: JAMES F. PENMAN � U•� '� ubject: CONTRACT FOR ADMINISTRATIVE y ,LAW JUDGE Dept: p City Attorney Date: January 12 , 1988 �L- Synopsis of Previous Council action: NONE Recommended motion: Adopt Resolution Signature Contact person: JOHN WILSON Phone: 5162 Supporting data attached: Letter from State _Ward: All FUNDING REQUIREMENTS: Amount: $ 2 ,000 . 00/yr. Source: (ACCT. NO.) -r; c 1 (ACCT. DESCRIPTION) -�, ,, . k Finance: Council Notes: C1% OF SAN BERNARDI_ _O - REOUE T FOR COUNCIL AC'. _SON STAFF REPORT Pursuant to PERS circular letter number 300-433 , a copy of which is attached, an Administrative Law Judge must be present at any hearings of the appeals of a safety officer disability application. California State De- partment of General Services requires a contract with the local agency before it will provide such reviews. The present rate for an Administrative Law Judge is $88 .00 per hour. 75-0264 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA 3 AUTHORIZING THE STATE OF CALIFORNIA TO FURNISH THE SERVICES OF ADMINISTRATIVE LAW JUDGES, HEARING REPORTERS AND OTHER STAFF 4 PERSONNEL TO CITY FOR THE PURPOSE OF CONDUCTING HEARINGS UNDER THE AUTHORITY OF GOVERNMENT CODE SECTION 27727. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City 9 an Agreement with the STATE OF CALIFORNIA to furnish the services 10 of Administrative Law Judges, Hearing Reporters, and other staff 11 personnel to CITY for the purpose of conducting hearings under 12 the authority of Government Code Section 27727, a copy of which 13 is attached hereto, marked Exhibit "A" and incorporated herein by 14 reference as fully as though set forth at length. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at a meeting thereof, held on 18 the -- day of 1988, by the 19 following vote, to wit: 20 AYES: -------------- - ------------------ ----- 22 NAYS: 23 ABSENT: 24 25 City Clerk 26 27 28 1/11/88 1 Amok 1 Resolution Authorizing the Execution of Agreement between the City and the State of California to furnish the services of 2 Administrative Law Judges etc. Cont'd 3 4 The foregoing resolution is hereby approved this day 5 of -- ------- 1988. 6 7 Mayor of the City of San Bernardino 8 Approved as to form 9 and legal content: 10 G,ty Attorney 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1/11/88 2 /v f _PERS Document Nc File Dote:Juy 2°, 198' ircular Letter California Public Employees' Retirement System Index No.: P.O. Box 942711 Distribution: VI Sacramento. CA 94229-2711 (916)326-3232 Cimndw Letter No.: 400-331 rj The Deaf— No Voice (916)3 For 26-3240 Telecommunications Devic D; LLJ To. PUBLIC ACENCIES WITH SAFETY MEMBERS �' � ' 1987 CITY-ATTORNEY subject ADMINISTRATIVE PROCEDURE ACT (APA) The purpose of this communication is to inform you of your obligation to comply with the Administrative Procedure Act (APA) in the disability retirement determination process for your safety employees. You may have been unaware of this requirement. Simply stated, in the case of appeal from your denial of the disability retirement application, you are required to hold an evidentiary hearing which is in compliance with the APA. Please note that a dispute regarding industrial causation is a different issue, and is specifically resolved by the Workers ' Compensation Appeals Board, under Government Codes 21026 and 21027 . This letter to you is prompted by concern over the impact of two legal cases : Garner v. City of Riverside ( 1985 ) 170 Cal.App. 3d 510, 516 ( 216 Cal.Rptr. 486 , 490-4911 and Watkins v. City of Santa Ana ( 1987 ) 189 Ca1.App. 3d 393 , 396 & 397 ( 234 Cal.Rptr. 406, 4081 . The courts have stated that ( 1 ) PERS is subject to the Administrative Procedure Act; and ( 2) the governing body of the contracting agency (or its authorized representative) acts as a delegate of the PERS Board of Administration in making the determination of capacity or incapacity; therefore ( 3 ) the contracting agency is bound by the APA in the same manner as the PERS Board itself .. In other words, in case of an appeal to your determination, the dispute must be heard by an administrative law judge of the State Office of Administrative Hearings. (Please see Government Code Section 11502 . ) The Administrative Procedure Act is set forth in the Government Code, Section 11500 et seq. The statutes describe the requirements and methods for conducting an administrative hearing. We urge you to immediately establish the practice of compliance, if you have not already done so. In case of questions regarding the APA or the two cited cases, please have your legal representative contact the PERS Legal Office at ( 916 ) 326-3666 . Other questions related to a specific retirement application may be directed to the Benefits Division at ( 916) 326-3232 . PERS-ADM-69 (Rev. spas) Barbara Headal. Ch of OAP-22A (Rev. 10/87) A G R E E M E N T THIS AGREEMENT, made and entered into this day of , 1987, at Sacramento, County of Sacramento, State of California, by and between the State of California, hereinafter called STATE, through its duly appointed Director of the Office of Administra- tive Hearings, and the CITY OF SAN BERNARDINO, hereinafter called CITY. WITNESSETH: WHEREAS, the services of the Office of Administrative Hearings , Department of General Services, may be needed by CITY for conducting hearings and issuing proposed decisions; and WHEREAS, State has the authority to contract with CITY for the rendering of hearing services pursuant to Government Code Section 27727 , and is amenable to the furnishing of such services when required personnel are available by State, NOW THEREFORE, IT IS MUTUALLY AGREED between the parties hereto as follows: 1 . Upon request of CITY, State will furnish the services of Administrative Law Judges , Hearing Reporters, and other staff per- sonnel to CITY for the purpose of conducting hearings under the authority of Government Code Section 27727, provided State personnel are available and the assignment of such personnel for hearings may be adjusted to the scheduled hearings of State. 2 . In consideration of the performance of such services by State, CITY agrees to pay to State the cost of rendering such services, which shall be computed in accordance with effective rates as of the time the services are performed. State agrees to submit invoices in triplicate for services which are rendered hereunder. 3 . This Agreement commences effective the date of first above written and shall continue in full force and effect until either party shall notify in writing the other party of its determination to terminate the Agreement, which termination shall occur sixty ( 60 ) days after the mailing of such notice. IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties hereto, the day and year first above written. CITY OF SAN BERNARDINO By Title OFFICE OF ADMINISTRATIVE HEARINGS APPROVED AS TO FORM AND LEGAL CONTENT: By Title ,,,'qity Attorney STATE OF CALIFORNIA—STATE AND CONSUMER SERVICES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF GENERAL SERVICES OFFICE OF ADMINISTRATIVE HEARINGS 501 J STREET, SUITE 230 (916) 445-4926 ; SACRAMENTO, CA 95814 455 GOLDEN GATE AVE., RM. 2248 SAN FRANCISCO, CA 94102 314 WEST FIRST STREET LOS ANGELES, CA 90012 January 7, 1988 Mr. John Wilson Office of the City Attorney 300 North "D" Street San Bernardino, CA 92418 Dear Mr. Wilson: Attached is the requested Agreement for hearing services to be provided by the Office of Administrative Hearings. This Agreement, when completed, will remain in effect until terminated by either party. If this Agreement meets with your approval, please have it executed by an appropriate official for your City. Also, please attach a certified copy of the minute order or other authority granted by the City for the official who signs this Agreement. Please return the original with attachment to our Sacramento office for dating and acceptance signature. A copy of the fully executed Agreement will then be returned to you. In an effort to provide the best possible service to you, consistent with your rules and regulations, we are requesting a copy of your current rules and regulations relating to the issue(s) to be decided in your hearings and the procedural requirements for your hearings. Please send copies of any future amendments to these rules and regulations to our Sacramento office. A filing fee of $41.00 will be made for each case filed with this office. Rates for ser- vices performed prior to July 1, 1988 will be billed at $88.00 an hour for Administrative Law Judges and $56.30 an hour for Hearing Reporters. Our Reporter rate was designed for major users of our services, and you will find, as an occasional user, it is more economical to hire a reporter locally. Government Code Section 11370.4 requires that all costs of the Office of Administrative Hearings be recovered from the agencies served. Therefore, in the event you decide to cancel a hearing, please notify the Office of Administrative Hearings immediately. If your notice is received in time for the Administrative Law Judge to be reassigned, there will be no further charges to you. However, if any portion of the time reserved for your hearing cannot be rescheduled, you will be billed by the Office of Administrative Hearings for that time. Once this Agreement has been executed, this Office will be available to provide the hearing services which you require. Very truly,-Jours, Administrative Law J "dge KSE:ap Attachment