Loading...
HomeMy WebLinkAbout93-059 - Provisions of the State of California's Administrative Procedures Act. O45 RESOLUTION NO. 93-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DELEGATING, TO THE CITY MANAGER, CERTAIN POWERS AND AUTHORITY GIVEN THE CITY COUNCIL UNDER CERTAIN PROVISIONS OF THE STATE OF CALIFORNIA'S ADMINISTRATIVE PROCEDURES ACT (GOVERNMENT CODE S§ 11500-11528) WHEREAS, the City of Santa Ana is a contacting agency of the Public Employees' Retirement System ("PERS"); and WHEREAS, the provisions governing disability retirements of local safety members are contained in California Government Code §§ 21020-21034; and WHEREAS, Government Code § 21025 provides that when a local safety member files a disability retirement application with PERS, the governing body of the contracting agency (the City Council) shall determine whether or not the local safety member is incapacitated for the performance of duty; and therefore eligible for disability retirement; WHEREAS, Government Code § 21034, enacted into law in 1975, permits the City Council, in such cases, to delegate its authority to make such eligibility determinations to a subordinate officer subject to such conditions as the City Council may impose; WHEREAS, by the adoption of Resolution No. 85-157 (as amended by Resolution No. 87-56) and Resolution No. 92-061, the City Council, pursuant to Government Code ~ 21034, delegated to the City Manager, and his or her delegate, the authority to make the initial determination of whether a local safety member is eligible for PERS disability retirement; and WHEREAS, in 1991, Government Code § 21025 was amended to provide that the appeal of any local safety member, who has received an adverse decision by the City Manager, or his or her delegatee, of the local safety member's disability retirement application, shall be conducted by an Administrative Law Judge ("ALJ") of the State of California's office of Administrative Hearings pursuant to Government Code §§ 11500-11528; and WHEREAS, Government Code § 11500, subd. (a), permits the City Council to delegate its authority, powers and duties under any or all of sections 11500-11528 to a subordinate official; and 0 0 0 RESOLUTION 93-059 ' Page 2 WHEREAS, the City Council of the City of Santa Ana now wishes to delegate to the City Manager the authority, powers and duties granted to it under Government Code S§ 11517, subds. (b) through (e); 11518; 11519; 11520; 11521; 11523; 11524; 11525; 11527; and 11528. HOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council, as the governing body of the City of Santa Ana, a contracting agency of PERS, regarding proposed decisions rendered by ALJ's in cases of disability retirement appeals of local safety members, hereby delegates to the City Manager the authority, powers and rights granted to it under the following code sections, as presently phrased or as hereafter may be amended: (a) Government Code § 11517, subds. (b) through (e), inclusive; (b) Government Code ~ 11518; (c) Government Code § 11519; (d) Government Code ~ 11520; (e) Government Code § 11521; (f) Government Code ~ 11523; (g) Government Code ~ 11524; (h) Government Code S 11525; (i) Government Code § 11527; and (j) Government Code § 11528. Whenever, in the above-referenced code sections, the terms "agency" or "agency itself" are used, such term or terms shall refer to and mean the City Manager. 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. ADOPTED this 21st day of June , 1993. ATTEST: Da~i~ H~. Young~ / Mayor COUNCILMEMBERS: Young Absent Pulido Aye Lutz Aye Mills Ave Moreno Ave Norton Nay Richardson Aye APPROVED AS TO FORM: City Attorney 2 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange l, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution a]..~ .-. O 5'~ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: ~/~--- ~' ~ ~t~c~ City of Santa An~Ci~