HomeMy WebLinkAboutS3- City Attorney Ct Y OF SAN BERNARC VO - REQU 'ST FOR COUNCIL AL ,'ION
0.-ADM,,H.
From: JAMES F. PENMAN t Subject: Amendment to Resolution 87-285
City Attorney -to provide a procedure for appear
Dept: City Attorney of decisions by the Disability ar
Rehabilitation Cam . sion
Date: March 15 , 1988
Synopsis of Previous Council action:
Mayor and Common Council adopted Resolution 87-285 creating the
three (3 ) member Disability and Rehabilitation Commission on
August 17, 1987.
Recommended motion:
Adopt resolution.
Signature
Contact person: Cynthia R. Grace Phone: 5056
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
It-n391 CRGI DAB: s s Anpnrla i tpm Nn
i
C Y OF SAN BERNARION0 - REQI 'ST FOR COUNCIL AL ;ION
STAFF REPORT
In August 1987, the Mayor and Common Council adopted
Resolution 87-285 which created a three (3 ) member Disability and
Rehabilitation Commission in order to comply with the case law
set forth in Watkins v. Cit of Santa Ana ( 1987 ) , 189 Cal . App.
3rd ; 234 Cal . ptr. Since that time the City has received
PERS Circular Letter 400-331 which instructs local agencies as to
procedures that must be followed in order to comply with the
Watkins case . The PERS Circular Letter advises local agencies
that appeals from the determination of the Disability Commission
must be heard by an Administrative Law Judge of the State Office
of Administrative Hearings . You may recall though, that the
City recently entered into a contract with the State Office of
Administrative Hearings in order to fulfill this requirement.
This amendment provides for an appeal to an Administrative Law
Judge.
There is no requirement in the Administrative Procedure Act
with respect to the time when an appeal from a decision of the
Disability and Rehabilitation Commission must be filed with the
Administrative Law Judge. The filling in of such procedural gaps
is left up to local agencies . The City Attorney' s office
recommends that the City adopt a thirty (30) day appeal period .
This amendment is necessary to comply with a deadline
imposed by an outside agency. In addition, rights of employees '
whose cases have already been heard by the Disability and
Rehabilitation Commission are effected . Without this amendment
those employees are effectively deprived of their right to
appeal .
75.0264 CRG/DAB:ss
I-15-RR
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION 87-285 TO PROVIDE A PROCEDURE
3 FOR APPEAL OF DECISIONS BY THE DISABILITY AND REHABILITATION
COMMISSION TO AN ADMINISTRATIVE LAW JUDGE AND PRESCRIBING
4 PROCEDURES FOR SUCH APPEAL.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS :
7 read : SECTION 1 . Resolution No. 87-285 , is hereby amended to
8 "SECTION ONE : There is hereby created a three (3 ) member
9 ' Disability and Rehabilitation Commission ' authorized and
10 directed to conduct evidentiary hearings of cases and controversy
11 concerning the retirements or reinstatements of public safety
12 officers for disability or illness pursuant to the provisions of
13 the aforesaid Government Code Sections and Watkins v. City of
14 Santa Ana ( 1987) , 189 Cal .App.3rd ; 234 Cal .Rptr.406 , and to make
15 findings and decisions resolving all matters at issue. The
16 findings and decisions of the Commission shall be final and
17 conclusive , unless an appeal is filed in writing to the
18 Administrative Law Judge within thirty (30) calendar days of the
19 mailing of the Notice of Findings and Decisions to the applicant.
20 Proceedings before the Administrative Law Judge shall be
21 conducted according to the California Administrative Procedure
22 Act, California Government Code Section 11500 et seq . The
23 Disability and Rehabilitation Commission are hereby authorized to
24 adopt any procedures necessary to conduct hearings , where such
25 procedures are not covered by the Administrative Procedure Act. "
26 I HEREBY CERTIFY that the foregoing resolution was duly
27 adopted by the Mayor and Common Council of the City of San
28 Bernardino at a meeting thereof , held on the
CRG/DAB: ss
3-15-88
RESOLUTION : Amending Resolution 87-285
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day of 1988 , by the following vote ,
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to wit :
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AYES : Council Members
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NAYS :
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ABSENT :
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9 City Clerk
10 The foregoing resolution is hereby approved this day
11 of 1988 .
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13
Mayor of the City of
14 San Bernardino
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16 Approved as to form and legal content :
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18
Ci Attorney
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CRG/dys
03 / 11 /88