CITY COUNCIL STAFF REPORT
Meeting Date: November 3, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: ADOPT RESOULTION NO ___-25 DELEGATING AUTHORITY TO THE
CHIEF HUMAN RESOURCES OFFICER TO MAKE
DETERMINATIONS REGARDING INDUSTRIAL DISABILITY
SYNOPSIS
The City of Pleasant Hill is a contracting agency with the California Public Employees Retirement System ("CalPERS"). In the event CalPERS notifies a contracting agency that an application for industrial disability retirement has been filed, CalPERS requires that the contracting agency determine whether an employee of such agency is incapacitated or "disabled" from performing their job duties and, if so, whether their disability is an "industrial" disability. In making this determination, the contracting agency is required by CalPERS to make certain specified findings, determinations, and statements. The contracting agency must then certify its determination to the CalPERS Board, which will approve or disapprove the application for disability retirement based on the contracting agency's determination.
DISCUSSION
Background
When an employee has filed an application for disability retirement with CalPERS, the Public Employees' Retirement Law ("PERL") requires that the employing agency make two key determinations: first, that the employee is or is not "disabled;" and second, if the employee is disabled, that the disability is "industrial."
Under PERL, an employee is "disabled" if their condition renders them substantially incapable of performing their work duties either permanently or for an extended, uncertain period of time exceeding six months: Under PERL, an employee's disability is "industrial" if the disability resulted from an injury or disease arising out of and in the course of their employment.
Analysis
The City Council may delegate its authority to (1) make determinations regarding disability under Government Code Section 21152(c); (2) make determinations whether such disability is industrial; and (3) certify such determinations and all other necessary information to CalPERS. The accompanying resolution delegates the authority to make these determinations to the Chief Human Resources Officer. Staff believes it is appropriate to delegate this authority in order to protect employees from having their personal medical information disclosed in public. Most other cities within Contra Costa County handle industrial disability determinations in this manner for the same reason.
FISCAL IMPACT
The cost of an industrial disability retirement will be included in the annual employer contribution rates determined by the PERS Actuarial Division for each such application for disability. The fiscal impact, if any, cannot be ascertained until those contribution rates are determined.
PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution delegating authority to make determinations regarding industrial disability to the Chief Human Resources Officer.
ALTERNATIVES TO RECOMMENDED ACTION
None recommended.
ATTACHMENT(S)
Proposed Resolution
Prepared by: Ericka R. Mitchell, Chief Human Resources Officer Approved by: Ethan Bindernagel, City Manager