HomeMy WebLinkAboutCity Council - 3931 RESOLUTION NO. 3931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH PROVIDING FOR PERSONNEL
BOARD HEARINGS REGARDING RETIREMENT DETERMIN-
ATIONS
WHEREAS, the City of Huntington Beach (hereinafter referred
to as "Agency" ) is a contracting agency of the Public Employees
Retirement System; and
In response to recent changes in state law (Government Code
Section 21023. 6) the City Council of the City of Huntington
Beach, by virtue of Resolution No. 3784, designated the Personnel
Director of the City of Huntington Beach to make retirement
determinations under Government Code Section 21023. 6, on behalf
of the Agency, of disability and whether such disability is
industrial; and
The parties subject to such decisions may desire to appeal
same; and
An appellate procedure should be established to conform
with due process requirements; and
Huntington Beach City Charter, Section 808(e) authorizes
the Personnel Board to "exercise such functions with respect to
personnel or the Personnel System, not inconsistent herewith
as may be prescribed by ordinance or requested by the City
Council" ; and
Said Personnel Board, pursuant to the City Charter and
Personnel Rules, already hears appeals from employees and
employee groups with regard to grievance and/or disciplinary
matters; and
The Personnel Rules already establish a hearing procedure
for the Personnel Board;
NOW, THEREFORE, BE IT RESOLVED that consistent with the
Personnel System and Personnel Rules of the City of Huntington
1 .
MHM: cs
Beach, the City Council hereby requests and authorizes by
this resolution that the Personnel Board of the City of
Huntington Beach hear all appeals with regard to retirement
determinations made by the Personnel Director pursuant to
Resolution No . 3784.
BE IT FURTHER RESOLVED with regard to hearing retirement
appeals that the following rules and procedures shall apply:
Rule 1: Retirement determinations made by the
Personnel Director pursuant to Resolution No. 3784 may be
appealed to the Personnel Board for a de novo hearing and
final determination in accordance with the following procedure:
Thirty (30) days after the time the decision
is rendered by the Personnel Director, a
written statement of the appeal shall be
filed with the Personnel Director. Such
statement shall set forth in detail the
nature of the appeal, the facts surrounding
the subject matter of the appeal, contentions
of the employee, and the proposed determination.
Within ten (10 ) days of receipt of appellant ' s
written statement, the City (respondent ) shall
file a responsive statement .
Rule 2: As soon as practicable thereafter, the Personnel
Director shall forward the parties' statements and set the matter
for hearing before a hearing officer from the California State
Office of Administrative Procedure. The hearing officer shall
hear the case and make recommended findings, conclusions and
decision in the form of a written report and recommendation to
the Board.
Rule 3: The Board shall consider the written report
and recommendations of the hearing officer and, after due
deliberation in executive session, shall render a decision in
the matter which shall be final and binding on all parties, and
from which there shall be no further appeal.
2.
Rule 4: The Board may, in its sole discretion,
after it has received the written report and recommendation
of the hearing officer, set the matter for hearing for the
purpose of receiving additional evidence or argument . In
the event the Board sets a hearing for such purpose, the
Personnel Director shall give written notice of such to all
parties concerned in such matter.
Rule 5 : The Board, following a consideration of
the hearing officer' s written report and recommendation and
deliberation thereof and any supplemental hearings before the
Board, shall make findings , conclusions and decision which
shall be final and binding on all parties and from which there
shall be no further appeal.
Rule 6: With regard to evidence and examination of
witnesses , Section 11513 of the California Government Code
(Administrative Procedures Act ) shall apply.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of August , 1974 .
May or
ATTEST:
City Clerk
APPROVED.. AS :TO CONTENT: APPROVED AS TO FORM:
21'W-�� eo-
City Administrator City A for ) �I
1
3,
F__fl
CITYCA 74-60
COUNCIL - ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From City Administrator
City Council Members
Subject DISABILITY DETERMINATIONS PRO Date July 31, 1974
CEDURES A FUNCTION OF THE CITY
RATHER THAN THE STATE RETIREMENT
BOARD (RESOLUTION NO. 3931)
Resolution No. 3931. was prepared upon request of the Personnel
Department under advice from the City Attorney in order to provide
necessary procedures required in view of recent state law changes
making retirement disability determinations a function of the City
rather thELn the State Retirement. Board. Prior Council Resolution
No .' 3784 designated the Personnel Director of the City to make these
determinations . Now, it is necessary, as a matter of due process ,
to provide an appellate procedure for the decision made by the
Personnel Director . This resolution has been reviewed by the Per-
sonnel Board and is recommended for adoption by the City Council.
RECOMMENDATiON
Approve Resolution No . 3931 .
Respectfully submitted,
David D. Rowlands
City Administrator
DPR: p
F.
1
r
Res. No. 3931
STATE OF CALIFORNIA )
I COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day
of August , 19 74 , by the following vote:
AYES: Councilmen:
Bartlett, Gibbs, Matney, Wieder, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley, Duke
City Clerk- ,and ex-officio Clerk
of the Cite Council of the City
of Huntington.:Beach„ California
r