HomeMy WebLinkAbout92-061 - Disability Retirement Determinations379
RESOLUTION NO. 92-061
4/3/92
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA DELEGATING AUTHORITY
TO THE CITY MANAGER TO MAKE DISABILITY
RETIREMENT DETERMINATIONS AND PROVIDING
FOR APPEAL PROCEDURES
FOR LOCAL SAFETY MEMBERS OF THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM
WHEREAS, the City of Santa Ana (hereinafter referred to
as "Agency") is a contracting agency of the Public Employees'
Retirement System ("PERS"); and
WHEREAS, Government Code Section 21034 provides that the
governing body of a contracting agency may delegate authority or
duty imposed or conferred by Title 2, Division 5, Part 3,
Chapter 5, Article 3 of the Government Code (commencing with
Section 21020) to a subordinate officer subject to such conditions
as may be imposed; and
WHEREAS, on December 17, 1985, the city Council passed
and adopted Resolution No. 85-157, delegating to the City Manager
in Section 1 of said Resolution the authority or duty to make PERS
disability retirement determinations as that duty is conferred on
the city Council by Title 2, Division 5, Part 3, Chapter 5, Article
3 of the Government Code (commencing with Section 21020) pursuant
to Section 21034 of the Government Code; and
WHEREAS, Section 2 of Resolution No. 85-157, as amended
by Resolution No. 87-56, passed and adopted by the City Council on
July 7, 1987, provided for an appeal of the City Manager's decision
to the City Council; and
WHEREAS, Government Code Section 21025 was amended,
effective January 1, 1992 (Stats. of 1991, Ch. 1159) to require
contracting agencies to conduct a hearing in accordance with the
Administrative Procedures Act, Title 2, Division 3, Part 1, Chapter
5 of the Government Code (commencing with Section 11500) when a
local safety member of PERS appeals the decision of the contracting
agency; and
WHEREAS, the city Council of the city of Santa Ana now
desires to conform to the amended version of Government Code
Section 21025 and to set forth the procedure for appeal of a
determination by the City Manager of the disability retirement of
the City's local safety members of PERS.
RESOLUTION NO. 92-061
PAGE 2
NOW, THEREFORE, BE IT R~gOLV~D BY ~E ~I~V COUNCIL 0F THE
CITY OF SANTA ANA AS FOLLOWS:
1. The City Council does hereby delegate to the city
Manager the authority or duty conferred on the governing body by
Title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government
Code (commencing with Section 21020) pursuant to Section 21034 of
the Government Code to make the initial determination of the
entitlement of a local safety member of PERS to disability
retirement.
2. The authority so delegated to the City Manager may be
exercised by any officer of the City deputized to exercise any and
all authority granted to the office of the City Manager by charter
and ordinances of the City of Santa Ana, by Resolution No. 90-109,
or by any resolution or agreement superseding Resolution No. 90-
109.
3. The appeal of any local safety member of PERS who
has received an adverse determination by the City Manager of
his/her disability retirement shall 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 Title 2 of the Government Code.
ADOPTED this 15th day of June 199_2~.
Mayor
ATTEST:
ekt e Ycouncil /
COUNCILMEHBERS:
Young Aye
Pulido Aye
Acosta Ave
Griset AYe
McGuigan Ah~e
Norton Aye
Richardson Ay~
APPROVED AS TO FORM:
City Attorney
I
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution ~- O& / to be the original resolution
adopted by the City Council of the city of Santa Ana on
Date
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