Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: August 28, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Karla Mattocks, Management Analyst/Human Resources SUBJECT: Resolution to Delegate Authority for Determining Industrial Disability to the City Manager Pursuant to Government Code Sections 21156 and 21173
RECOMMENDATION
Adopt the Resolution to delegate authority for determining Industrial Disability to the City Manager pursuant to Government Code Sections 21156 and 21173.
BACKGROUND
The California Public Employees’ Retirement System (CalPERS) allows Industrial Disability Retirement for Local Safety Members to be determined by either the governing body or an official delegate appointed by the governing body. Historically, staff has presented Resolutions for approval to the City Council for Industrial Disability Retirement of a Local Safety Member, which included limited confidential medical and personnel information.
Government Code section 21156(a)(2) provides that the board or governing body of the contracting agency shall make a determination on a member’s disability retirement on the basis of competent medical opinion and shall not use disability retirement as a substitute for the disciplinary process. Government Code section 21156(b)(1) provides that the governing body of a contracting agency upon receipt of request of the board pursuant to Government Code section 21154 shall certify to the board its determination under this section that the member is or is not incapacitated. Local Safety agencies will make a medical determination for both disability retirement and industrial disability retirement.
Government Code Section 21173 allows the governing body of a contracting agency to delegate any authority or duty conferred or imposed to a subordinate officer subject to conditions it may impose. Delegating the authority to determine an Industrial Disability Retirement to the City Manager is consistent with other cities and recommended by Liebert Cassidy Whitmore, the City’s outside Human Resources legal counsel. Staff will continue to follow all CalPERS application and determination requirements. It is appropriate that the medical and personnel information included in an Industrial Disability Retirement application be kept confidential and delegating the decisionmaking authority to the City Manager would eliminate the need to bring forth these applications at a public meeting.
FISCAL IMPACT
There is no fiscal impact to this action.
Staff Report: Delegate Authority for Determining Industrial Disability Page 2 August 28, 2023
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt the Resolution to Delegate Authority for Determining Industrial Disability to The City Manager Pursuant to Government Code Sections 21156 And 21173; or
2. Provide alternate directions to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution to Delegate Authority for Determining Industrial Disability to The City Manager Pursuant to Government Code Sections 21156 And 21173.
Attachment 1
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, TO ADOPT THE RESOLUTION DELEGATING AUTHORITY FOR
DETERMINING INDUSTRIAL DISABILITY TO THE CITY MANAGER
PURSUANT TO GOVERNMENT CODE
WHEREAS, the City of Grover Beach (herein referred to as Agency) is a contracting agency of the California Public Employees’ Retirement System; WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and such disability is "industrial" within the meaning of such Law; WHEREAS, the City of Grover Beach has determined upon legal advice that it may delegate authority under Government Code section 21173 to make such determinations to the incumbent of the office/position of City Manager;
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, DOES DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
That the City of Grover Beach delegate and it does hereby delegate to the incumbent of the office/position of City Manager, authority to make application on behalf of the Agency pursuant to Government Code section 21152 (c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability; BE IT FURTHER RESOLVED that the City of Grover Beach delegate and it does hereby delegate to the incumbent of the office/position of City Manager authority to make determinations of disability on behalf of the Agency under Government Code section 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees’ Retirement System.
On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 28th day of August, 2023.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
**DRAFT**