CC Resolution 9010
RESOLUTION NO.
9010
RESOLUTION APPROVING A REVISED ADMINISTRATIVE PROCEDURE FOR
DISABILITY RETIREMENT FOR PUBLIC SAFETY PERSONNEL
WHEREAS, the City has had an Administrative Procedure relating to the
processing of disability retirements for Public Safety employees since 1977; and
WHEREAS, this procedure required updating in order to be consistent with the
Government Code, and needs to be adopted by formal resolution in order to meet the
requirements of the Public Employees' Retirement System;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the revised Administrative Procedure as shown in the attached Exhibit A.
PASSED AND ADOPTED this 16th day of July, 1996, by the following roll call
vote:
AYES:
Councilmembers: Burr, Conant, Watson, Dougherty
NOES:
Councilmembers: None
ABSENT: Councilmembers: Furtado
APPROVED:
ATTEST:
t~
Anne Bybee, City Clerk
EXHIBIT A
CI TV OF CAMPBELL
ADMINISTRATIVE POLICIES AND PROCEDURES
SUBJECT: DATE:
DISABILITY RETIREMENT FOR PUBLIC SAFETY PERSONNEL
5/1/96
PURPOSE
To establish the administrative procedures for the City's determination of disability retirement
of public safety personnel, and for appealing decisions in accordance with the Administrative
Procedures Act.
POLICY
A PERS Local Safety Member shall be retired for disability solely upon determination by the
City that he or she is incapacitated physically or mentally for the performance of the duties
of his/her position. Pursuant to Resolution 5714, the City Council has delegated to the City
Manager the authority to make such determinations on behalf of the City of Campbell.
PROCEDURE
A Standing Committee consisting of the Personnel Manager, Finance Director, and Police Chief
shall be established to advise the City Manager on public safety personnel retirements.
RESPONSIBILITY
ACTION
1. Medical Examiners
Makes medical examination and issues medical
report on nature and extent of injury and whether
employee's condition is permanent and stationary.
2. Police Chief or
Personnel Manager
Immediately initiate a disability retirement
review process once the employee's condition is
permanent and stationary, or once application for
a disability retirement has been initiated by the
public safety member.
3. Personnel Manager
Assemble medical and other relevant information
that is required to review a request for disability
retirement. The information shall include the
pertinent medical records that have been acquired.
4. Police Chief
Document the duties and responsibilities of the
public safety employee's position, and detail
whether or not the employee can reasonably
perform the duties and fulfill the responsibilities of
the position.
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RESPONSIBILITY
ACTION
4. Police Chief (cont'd)
If the medical records are found to be deficient,
additional medical examination or consultation
shall be arranged.
5. Standing Committee
Shall convene and deliberate the merits of:
a. The degree to which the disability limits the
working capabilities of the employee
and determine if the public safety member
is, or is not, incapacitated physically or
mentally for the performance of the duties
of his/her position.
b. The feasibility of recommending the
transfer of the employee to a non-public
safety function.
c. The feasibility of reasonably accommo-
dating the public safety employee in
his/her current position.
d. Whether or not there is agreement to
industrial/non-industrial causation of the
disability.
The employee and his/her counsel shall not have
the right to be present at any of the deliberations,
but he/she shall be permitted to submit any written
evidence. Besides these permanent members of
the Committee, it may be deemed necessary, in
unusual cases, for the Committee to invite
interested parties to present facts relevant to the
case or to advise in some appropriate manner.
6. Personnel Manager
After consensus is reached, shall prepare and
present a written report, including the Committee's
recommendations to the City Manager.
7. City Manager
Shall review the report and make the final
determination:
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RESPONSIBILITY
ACTION
7. City Manager (cont'd)
a. Whether the employee is incapacitated
physically or mentally for the performance
of the duties of his/her position; and,
b. Whether the employee should be retired
for that reason;
c. Whether the employee may be reasonably
accommodated in hislher position;
d. Whether the disability was industrially
caused, unless there is a dispute over
industrial causation, in which case, the
Workers' Compensation Appeals Board
will make that determination.
8. Personnel Manager
Shall administer the implementation of the City
Manager's decision, including notifying the
employee, and preparing and forwarding the
required documentation to the Public Employees'
Retirement System. Notification of the City
Manager's decision shall be sent to the employee
by Certified Mail, giving the employee thirty (30)
days in which to appeal and request a hearing as
described below. Complete records shall be
retained in case of any appeal, lawsuit, or request
by an employee for reinstatement.
APPEAL PROCEDURE IF DISABILITY RETIREMENT IS NOT GRANTED OR IF MANDATORY
RETIREMENT IS NOT ACCEPTABLE TO EMPLOYEE
If a disability retirement is not granted or if mandatory retirement is not acceptable to the
public safety employee, the employee has a right to a formal hearing in accordance with the
Administrative Procedures Act as set forth in California Government Code Sections 11500,
et seq . and the appeal procedure shall be conducted as follows:
1. Public Safety Employee
If a public safety employee wishes to appeal the
City.'s determination, he/she must submit a written
request for a hearing no later than thirty (30) days
following notification of the City's determination.
2. Personnel Manager
Upon request for hearing by a public safety
employee, the Personnel Manager will coordinate
the City's request for a hearing.
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APPEAL PROCEDURE Ccont'dl
Appeal hearings will be conducted by an
Administrative Law Judge of the Office of
Administrative Hearings pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of
Division 3 of the Government Code.
3. Hearing Officer
The Administrative Law Judge shall recommend a
determination to the City Manager.
4. City Manager
Upon receipt of the recommendations of the
Hearing Officer, the City Manager may accept the
recommendations of the Hearing Officer and
certify such findings to the Public Employees'
Retirement System (PERS) and the parties; reject
the recommendations of the Hearing Officer and
certify to PERS and the parties such other
determination as he/she determines to be
appropriate; or order the application back to
hearing for further evaluation.
The City Manager shall not reject or modify the
proposed decision of the Hearing Officer without
affording the opportunity to present oral or written
argument before the City Manager. Either party
may submit a written request to present oral or
written argument within 15 days of receiving the
proposed decision of the Hearing Officer.
The decision of the City Manager shall be final for
all purposes. Any aggrieved party may bring
further proceedings in Superior Court.
PROCEDURES FOR REINSTATING A PUBLIC SAFETY MEMBER
1. Public Employees' Retirement
System
Shall forward a pending application for
reinstatement of a former public safety employee,
along with any medical evidence that has been
- developed- since the application for reinstatement.
2. Personnel Manager
Upon notification of an application for
reinstatement, all medical evidenc~,
communications with the former employee, and
the original recommendations of the Committee
made to the City Manager shall be forwarded to
the Standing Committee members.
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PROCEDURES FOR REINSTATING (cont'd)
3. Personnel Manager
Shall authorize any necessary medical
examinations or consultations.
4. Standing Committee
Shall convene and deliberate the merits of
reinstating the former public safety employee.
5. Personnel Manager
After a consensus is reached, a written report
outlining the Committee's recommendations shall
be presented to the City Manager.
6. City Manager
Shall review the report and make a final
determination as to whether or not the public
safety employee shall be granted a reinstatement.
7. Personnel Manager
Shall administer the implementation of the City
Manager's decision including notifying the
employee and the Police Chief, and preparing and
forwarding the required reinstatement forms to the
Public Employees' Retirement System.
Mark J. 0 'enduszko, City Manager
May 1, 1 96
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