RESOLUTION NO. CC-2209-066
PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS PAGE NO. 1
RESOLUTION NO. CC-2209-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO
BEACH ESTABLISHING A PROCEDURE FOR INDUSTRIAL
DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY
OFFICER EMPLOYEES OF THE PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM
WHEREAS, pursuant to current regulations, an initial determination of an application for industrial disability retirement by a local Safety Officer under the California Public Employees' Retirement System is to be made by the City upon medical and other available evidence offered by either the applicant or the City, to determine whether the applicant is incapacitated from the performance of duty; and WHEREAS, the determination is required to be made within six months of the date of the receipt by the City from CalPERS unless this time requirement is waived in writing by the applicant; and
WHEREAS, the City must identify and empower the authorized individual to make such determination; and
WHEREAS, if the City determines the applicant is not incapacitated from the performance of duty, it must provide a process of notification to the applicant and CalPERS of this determination, and provide a right to appeal the decision and request a hearing; and
WHEREAS, the City must provide for a hearing of any appeal to be held in conformity with the Administrative Procedures Act; and
WHEREAS, this Resolution is intended to provide the process of initial determination, appeal, and judicial review of the City’s determination of an application for industrial disability retirement by a local Safety Officer under the California Public Employees' Retirement System.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. INITIAL DETERMINATION. Following the filing of an application for industrial disability retirement by a local Safety Officer under the California Public Employees' Retirement System, the following procedures shall by employed:
1. An initial determination will be made by the City upon medical and other available evidence offered by either the applicant or the City to determine whether the applicant is incapacitated from the performance of duty. The determination shall be made within six (6) months of the date of the receipt by the City from CalPERS unless this time requirement is waived RESOLUTION NO. CC-2209-066
PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS PAGE NO. 2
in writing by the applicant. Said determination shall be made by the Director of Human Resources or such other City employee designated by the City Manager.
A. If it is determined by the City that the applicant is incapacitated, and the incapacity is industrial, the Director of Human Resources or such other City employee designated by the City Manager will so testify to CalPERS.
B. If it is determined that the applicant is incapacitated but that the cause of incapacity is nonindustrial, the Director of Human Resources or such other City employee designated by the City Manager will so certify to CalPERS.
C. If it is determined that the applicant is incapacitated but the cause of incapacity is nonindustrial, but the applicant contends that the cause of disability is industrial, the applicant shall within thirty (30) days from the date of notice petition the Workers’ Compensation Appeals Board (WCAB) for a Finding of Fact determining causation. If the WCAB determines the cause of incapacity to be industrial, or nonindustrial, the Director of Human Resources or such other City employee designated by the City Manager will so testify to CalPERS.
D. If the City determines that the applicant is not incapacitated from the performance of duty, it shall notify the applicant and CalPERS of this determination. The City shall notify the applicant by certified mail (return receipt requested) or by personal service of his/her right to appeal their decision and request a hearing within thirty (30) calendar days of the date of the notice.
SECTION 2. APPEAL HEARING. If the applicant requests a hearing from a finding that the applicant is not incapacitated from the performance of duty, the hearing shall be held in conformity with the Administrative Procedures Act. When an applicant requests a hearing, the City will notify CalPERS. The City will also notify the Office of Administrative Hearing and will request a hearing date and a prehearing conference with an Administrative Law Judge in accordance with 1 CCR §1018. The Director of Human Resources or such other City employee designated by the City Manager shall execute the Office of Administrative Hearing standard contract for services necessary for any appeal. The applicant will be informed that the hearing will be held at the time and place designated by the Office of Administrative Hearings which shall set a hearing date and pre-hearing conference.
RESOLUTION NO. CC-2209-066
PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS PAGE NO. 3
SECTION 3. CONDUCT OF HEARING AND PROPOSED DECISION. The hearing shall be conducted before the Administrative Law Judge alone.
An Administrative record shall be generated at the hearing pursuant to the Administrative Procedures Act. All testimony shall be recorded by Certified Shorthand Reporter.
Following the hearing the Administrative Law Judge (ALJ) shall prepare a Proposed Decision. The decision will include a determination of issues, findings, and summary of facts. The Proposed Decision shall be reviewed by the City Council. The City Council shall either: (1) adopt the Proposed Decision as the decision of the City; or (b) reject the decision and make its own decision without hearing additional evidence; or (c) reject the Proposed Decision based on additional evidence.
If the City Council rejects the Proposed Decision based on additional evidence, an additional hearing shall be held before an ALJ to hear evidence. An Administrative record shall be generated at such further hearing pursuant to the Administrative Procedures Act. All testimony shall be recorded by Certified Shorthand Reporter.
Following the additional hearing the Administrative Law Judge (ALJ) shall prepare a Supplemental Proposed Decision. The decision will include a determination of issues, findings, and summary of facts. The original Proposed Decision and the Supplemental Proposed Decision will be reviewed by the City Council. The City Council shall either (1) adopt the Supplemental Proposed Decision as the decision of the City, or (b) reject the decision and make its own decision without hearing additional evidence.
Any decision and findings will be served on the applicant by certified mail and CalPERS shall be notified. If applicant is found incapacitated the City shall so certify to CalPERS.
If applicant is found not incapacitated from the performance of duty the applicant will be further advised by the City that he or she has thirty calendar days from the date of notice to seek judicial review.
SECTION 4. JUDICIAL REVIEW. If applicant is found not incapacitated from the performance of duty, judicial review shall be pursuant to a Petition for Writ of Mandate filed by applicant in the Superior Court of California, in and for the County of Los Angeles. A Petition for Writ of Mandate shall be filed by applicant within thirty (30) calendar days after the date of the notice finding applicant is not incapacitated from the performance of duty.
Upon receipt of service of the Petition for Writ of Mandate, or upon expiration of thirty calendar days where applicant has not filed a Petition for Writ of Mandate, the City shall notify CalPERS. The City shall notify CalPERS of any final orders related thereto.
SECTION 5. This resolution shall take effect immediately upon its adoption by the City Council.
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
RESOLUTION NO. CC-2209-066
PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS PAGE NO. 4
PASSED, APPROVED AND ADOPTED this 6th day of September, 2022. ________________________________
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2209-066
PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS PAGE NO. 5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Resolution No. CC-2209-066 was passed and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 6 th
day of September, 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Eleanor Manzano, CMC
City Clerk