HomeMy WebLinkAboutCity Council - 5273 RESOLUTION NO. 5273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH PROVIDING FOR PERSONNEL
COMMISSION HEARINGS REGARDING RETIREMENT DE-
TERMINATIONS
WHEREAS, the City of Huntington Beach (hereinafter referred
to as "Agency") is a contracting agency of the Public Employees '
Retirement System; and
The City Council in Resolution No. 5269 , designated the
Insurance and Benefits Manager to make retirement determinations
under Article 3, Chapter 8, Part 3, Division 5 of the Government
Code on behalf of the Agency, including determinations under
Government Code §21025 of whether a member is incapacitated,
physically or mentally , for the performance of his duties 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 Municipal Code §2. 72. 070 authorizes the
Personnel Commission to hear appeals and perform other functions;
and
The Personnel Rules already establish a hearing procedure
for the Personnel Commission,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that , consistent with the Personnel
System and Personnel Rules of the City of Huntington Beach, the
following rules and procedures for hearing appeals from retire-
ment determinations are hereby adopted:
Rule 1. Retirement determinations made by the Insurance and
Benefits Manager, pursuant to Resolution No. 5269T, may be
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appealed to the Personnel Commission for a de novo hearing and
final determination in accordance with the following procedure:
Thirty (30) days after the time the decision
is rendered, a written statement of the appeal
shall be filed with the secretary of the
Personnel Commission. Such statement shall
set forth in factual detail the nature of
the appeal, the facts surrounding the subject
matter of the appeal, contentions of the em-
ployee, and the proposed determination. Within
ten (10 ) days of receipt of appellant ' s written
statement, the city (respondent) may file a
responsive statement .
Rule 2. As soon as practicable thereafter, the secretary
shall set the appeal for hearing before a hearing officer. The
hearing officer shall hear the case and make recommended findings ,
conclusions and decision in the form of a written report and rec-
ommendation to the Commission.
Rule 3. The Commission 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
Commission sets a hearing for such purpose, the secretary shall
give written notice of such to all parties concerned in such
matter.
Rule 4. The Commission, following a consideration of the
hearing officer's written report and recommendation, and de-
liberation thereof, and any supplemental hearings before the
Commission, shall make findings , conclusions and decisions which
shall be final and binding on all parties and from which there
shall be no further appeal.
Rule 5. With regard to evidence and examination of witnesses ,
California Government Code §11513 (Administrative Procedures Act )
shall apply. Except as otherwise provided herein, the procedures
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set forth in the Personnel Rules shall apply.
I'I PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of June 1983.
ATTEST: APPROVED AS TO FORM:
City Clerk ity Attorney AK
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
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Yam.
City Administrator Chief of Administrative
Services
3.
Res. No. 5273
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) se:
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 20th day ,
of June , 19 83 by the following voter
AYES: Councilmen:
Pattinson, Thomas, Kelly, MacAllister. Finley. Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California