HomeMy WebLinkAboutAgenda Statement 1974/01/08 Item 22
AGENDA, ITEM NO. 22 ]
CHULA VISTA CITY COUNCIL MEETING OF: January 8, 1974
ITEM TITLE' Resolution - Delegating to the Office of the City Manager the Authority
. on Behalf of the City of Chula vista to Detennine the Nature of Disa-
bi1i ties and to Certify such Determinations to the Public Employees'
Retirerent Systan
INITIATED BY: Ci ty Attorney
BACKGROUND
For many months, the staff has been involved in the process of
evaluating and determining the status of a police officer who was
disabled in the line of duty.
The particular officer in question suffered a back injury which
has now been accepted or in all probability will be accepted by
the Chief of Police, Personnel Office and the City Manager, as the
ultimate appointing authority, as rendering the officer incapable
of continuing to perform the majority of the duties required of
him as a patrolman. Normally, under such circumstances, either
or all of these officials could request that the officer be retired
on an industrial disability retirement.
This course of action would have been followed except that the
jurisdiction to determine the disability for retirement of local
safety members has now been totally delegated to either the gover-
ning body, in our case the City Council, of the participating
agency or the City Manager if such authority is delegated to the
Manager by the City Council.
Therefore, in order to carry out the provisions as set forth in
Section 21023.6 of the Government Code, either the Councilor the
City Manager must determine whether the safety member is incapaci-
tated physically or mentally for the performance of the duties of
his position and termination of his employment for that reason.
(Continued)
ATTACHED:
Resolution lX]
Ordinance [ ]
Agreement [ ]
Plat [ ]
See EXHIBITS [X] No. 1
Financial Statement: NIA
Commission-Board Recommendation: NIA
Department Head Recommendation: Approval of Resolution
City Manager Recommendation:
Concur with Department Head
'R?/1-rV
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Page Two
Agenda Item No. 22
In light of the fact that such a determination has in the past been
the function of the Manager's office, even though that function is
limited to making application to the Board of the Retirement System
for their evaluation of the medical background provided by the
Manager, it is recommended by the city Attorney's office and con-
curred in by the Manager, that the most expeditious and reasonable
manner of handling disability retirements of safety members is to
delegate the authority to the City Manager by resolution which has
been prepared in accordance with the form provided by the Employees
Retirement System.
Such a resolution is available for the action of the Council.
It is desirous that this action be undertaken at the earliest possi-
ble time to enable the Manager to evaluate the pending case and one
other potential case which would allow retirement on the first day
of the month in which the Manager forwards his recommendations to
the Board of the Employees Retirement system, i.e., January 1, 1974.
~~~
OFFICE OF THE
CITY MANAGER
Cit~ O~ Cku~(l q}iSta
CAUFORNIA
December 11, 1978
Public Employees' Retirement System
1416 Ninth Street, P.O. Box 1953
Sacramento, California 95809
INDUSTRIAL DISABILITY RETIREMENT DETERMINATION. Roy E. Livesay
Social Security No. 561-t6-frZgg-
Pursuant to authority delegated to me by action of the City Council of
the City of Chula Vista (hereinafter referred to as ^gency) dated
January 8, 1974, under Section 21034, Government Code, and after review
of medical and ,other evidence relevant thereto, I hereby determine that
Roy t..--l:lvessy;, a local safety member of the Public Employees' Retire-
ment System, employed by the Agency is incapacitated physicallY within
the meaning of the Public ErnplEyees' Retir~ent Law for performance of
his duties in the position of'f.ire Captain.
Pursuant to such authority, I also determine that such incapacity is a
result of his employment and certify that neither the Agency nor the
member has filed a petition for determination by the Workers' Compensation
Appeals Board.
I hereby certify that ~ bive~ will be separated from his employ-
ment in the position of Fire C~ after expiration of his leave rights
under Sect ion 21 025. 4, Government Code, effect i ve JiRyary +rWt and
that no dispute as to the expiration of such leave rights is pending.
Lane F. Cole
City Manager
City of Chula Vista
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cc: Finance
Employee Jacket
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