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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 1 day of 1988 , by the following vote , 2 to wit : 3 AYES : Council Members 4 5 NAYS : 6 ABSENT : 7 8 9 City Clerk 10 The foregoing resolution is hereby approved this day 11 of 1988 . 12 13 Mayor of the City of 14 San Bernardino 15 16 Approved as to form and legal content : 17 18 Ci Attorney 19 20 21 22 23 24 25 26 27 28 CRG/dys 03 / 11 /88