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CI~' OF SAN BERNARDQO - REQUQT FOR COUNCIL AC~ON
From:
JAMES F. PENMAN
City Attorney
Subject: Amend Resolution No. 84-139
Disability Retirement Hearings
Dept:
D~~ June 25, 1987
Synopsis of Previous Council action:
On April 13, 1984, the Mayor and Common Council repealed
Resolution No. 11734 and enacted Resolution No. 84-139.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
uESIGNATING AND AUTHORIZING THE CITY ADMINISTRATOR TO ACT AS A
REPRESENTATIVE OF THE CITY TO APPLY FOR DISABILITY RETIREMENT FOR ANY
INJURED OR ILL PUBLIC SAFETY OFFICER, APPOINTING A COMMITTEE TO HEAR
AND MAKE FINDINGS ON MATTERS AND CONTROVERSY, AND REPEALING RESOLUTION
NO. 11 7 3 4 .
Recommended motion:
That Resolution No. 84-139 be amended with such deletions
and additions as are indicated in the accompanying proposed
draft.
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Signature
Contact person:
James F. Penman
Phone: 5255
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
-0-
Source:
Finance:
Council Notes:
"7"'.1"\."""
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Aaencla Item Nn ~ 9
000 0
CITY' OF SAN BERNARDillO - REQUE'ST FOR COUNCIL ACTION
STAFF REPORT
We have underscored the importance and applicability of
Watkins v. City of Santa Ana, 234 Cal.Rptr. 406 (February, 1987)
to disability retirement hearings.
The operative language in the Watkins decision is found at page
408:
"Here, (the applicant) had a fundamental
vested right to disability retirement
.benefits if, in fact, he was disabled.
The City's decision on that threshold
question substantially affects that
right. Therefore, a hearing is contemplated,
indeed, required. . . "
In view of the Watkins decision and current court requirements,
we recommend the changes and additions in the accompanying proposed
revision of Resolution No. 84-139.