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HomeMy WebLinkAboutS20-City Attorney Cl-R'OF SAN BERNARD~O - REQU& FOR COUNCIL AC.wON Dept: City Attorney Subject: In the Matter of the Application of KEITH THOMPSON for Disability Retirement From: JAMES F. PENMAN D~~ June 25, 1987 Synopsis of Previous Council action: Following a decision by the Public Safety Disability and Rehabilitation Committee on January 30, 1987, that: "1. Mr. Thompson is not physically incapacitated as a Public Safety Officer," the Mayor and Common Council entertained the matter on appeal, pursuant to City of San Bernardino Resolution No. 84-139, and on March 23, 1987, issued a Statement of Decision in which it was found: "Mr. Thompson is not physically incapacitated for the performance of duties as a Public Safety Officer." Recommen<:led motion: That the Mayor and Common Council set aside their Findings and Statement of Decision In the Matter of the Application of Keith L. Thompson, arrived at following the hearing on March 23, 1987, to reopen this matter for setting an evidentiary hearing to the accompanying rules and guidelines. r ~ .,41,'1--"> r&-:: J .t'!..o-"1/_ Signature / .. Contact person: James F. Penman ~' Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: -0- Source: Finance: Council Notes: ^___~_ ."__ ,,_ ~. -~IJ .0. 0 0 0 CITY OF SAN BERNARDINO - REQUEI'T FOR COUNCIL ACTION STAFF REPORT In the case of Watkins v. City of Santa Ana, 234 Cal.Rptr. 406 (February, 1987) the court states that as the agency responsible for determining disability the City is required to conduct an evidentiary hearing to determine whether the applicant is capable of performing his duties. The operative language is found at page 408 of the Watkins decision: "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 . . . " We find such a hearing was not allowed in the present case. We therefore recommend further review, accordingly, pursuant to the accompanying rules and guidelines, which we otherwise recommend for general implementation in Disability Retirement Hearings.