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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