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Home My WebLink AboutDEPARTMENT OF GENERAL SERVICES/OFFICE OF ADMINISTRATIVE HEARINGS - 1992-05-04REQUES'� FOR CITY COUNCIL4CTION Date May 4, 1992 Submitted to: MAYOR AND MEMBERS OF THE CITY COUNCIL APPROVED BY CITY COUNCIL Submitted by: P(AtS.- Igy!z Prepared by: /GATL HUTTON, CITY ATTORNEY %AIL HUTTON, CITY ATTORNEY C1 CL .as Subject: CONTRACT WITH STATE ADMINISTRATIVE HEARING DIVISION Consistent With Council Policy? [)a Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, funding Source, Alternative Actions, Attachments: STATEMENT OF ISM: Should the city enter into a contract with the state to have administrative law judges hear PERS safety disability appeal hearings? RECOtOFNDATION: Approve of the contract. ANALYSIS: Under newly amended Government -Cod Section 21025, all PERS safety disability hearings must be heard by state administrative law judges. The attached contract is the state's standard contract used throughout California. The state is self -insured for workers' compensation and liability. EUNPING SOURCE: Not applicable. .ALTERNATIVE ACTIONS: Not approve the contract. Attachments: Contract PI O 5/85 IV Ms. Connid Brockway City of Huntington Beach poor�srA "°• 1 FROM GR<Kx C/ AOA+I.WWRATM HFAZNCS 301 l ShV0, Sww 230 AOOA�.SfA. NO. Swrcw—Po. CA 95814 REPRESENTING DATE TIME PNOIIE 5-27-921 ATSS 0 (916)44504826 0 ❑ Tskphawd ❑ Kme Cal❑ Was In l❑ Raeuwnad GI ❑ Will W Again ❑ Wams To Sae You ❑ Woemtlion NOTE and REPLY ❑ Canv l ❑ A&wule ❑ My Sgnalurn ❑ kwrsegrla ❑ ReWm ❑ Copy Zia ❑ comad mo ❑ Fie ❑ Fanrard W P« Rapuost MESSAGEMEMARKS Attached is a_ rnny._nf—the fully fnr—ynur records- _ Thank—v _ -. BY �L� • �, o-J STATE OF CALIFORNIA MESSAGE PROTL= YOLK STO 7(REV INN - 89 54N? I\TCR1L1710N ASSETS STATE OF CAUFORNIA—STATE AND CONSUMER Sr 'ES AGENCY 4 PETE WILSON. Governor DEPARTMENT OF GENERAL SERVICE OFFICE OF ADMINISTRATIVE HEARINGS 501 J STREET, SUITE 230 SACRAk4ENTO, CA 95814 455 GOLDEN GATE AVE., RM. 2248 5AN FRANCISCO, CA 94102 (916) 445-4926 314 WEST FIRST STREET LOS ANGELES. CA 90012 1350 FRONT STREET, RM. 6018 �P SAN DIEGO, CA 92101 February 20, 1992 Mr. Bill Sage Huntington Beach P. 0. Box '70 Huntington Beach, Dear Mr. Sage: Police Department CA 92648 Atta:hed is the requested Agreement for hearing services to be provided by the Office of A3ministrative Hearings. This Agreement, when completed, will remain in effect until terminated by either party. If this Agreement meets with your approval, please have it executed by an appropriate official for the City. Also, please attach a certified copy of the minute order or' other authority granted by the City for the official who signs this Agreement. Please return the original with attachment to our Sacramento office for dating and acceptance signature. A copy of the fully executed Agreement will then be returned to you. - In an effort to provide the best possible service to you, consistent with your rules and regulations, we are requesting a copy of your current rules and regulations relating to the issue(s) to be decided in your hearings and the procedural requirements for your hearings. Please send copies of any future amendments to these rules and regulations to our Sacramento office. A filing fee of $44.00 will be made for each case filed with this office. Rates for ser- vices performed prior to July 1, 1992 will be billed at $113.00 an hour for Administrative Law Judges and $57.00 an hoar for Hearing Reporters. Our Reporter rate was designed for majon7 users of our services, and you will find, as an occasional user, it is mare ecommical to hire a reporter locally. Govern:>Ient Code Section 11370.4 requires that all costs of the office of Administrative Hearings be recovered from the agencies served. Therefore, in the event you decide to cancel a hearing, please notify the Office of Adr.Iinistrative Hearings immediately. If your notice is received in time for the Administrative Law Judge to be reassigned, there will be no further charges to you. However, if any portion of the time reserved for your hearing cannot be rescheduled, you will be billed by the Office of Administrative Hearings for that time. Once this Agreement has been executed, this Office will be available to provide the hearing services which you require. Very / truly yours KARL S. ENGBMAN, Director KSE:Zp Attachment e AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF HUNTINGTON BEACH TO PROVIDE CITY WITH THE SERVICES OF ADMIHISTRATIVE LAW JUDGES FOR PERS SAFETY DISABILITY HEARINGS THIS AGREEMENT, made and entered into this 26th day of ray , 1992, at Sacramento, County of Sacramento, State of California, by and between the State of California, hereinafter called STATE, through its duly appointed Director of the Office of Administrative Hearings, and the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called CITY. WHEREAS, the services of the Office of Administrative Hearings, Department of General Services, may be needed by CITY for conducting hearings and issuing proposed decisions; and WHEREAS, State has the authority to contract with CITY for the rendering of hearing services pursuant to Governmentsode Section 27727, and is amenable to the furnishing of such services when required personnel are available by STATE. NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties hereto as follows: 1. Upon request of CITY, STATE will furnish the services of Administrative Law Judges, Hearing Reporters, and other staff personnel to CITY for the purpose of conducting hearings under the authority of government Cpdc Section 27727, provided STATE personnel are available and the assignment of such personnel for hearings may be adjusted to the scheduled , hearings of STATE. - 1 - 2. In consideration of the performance of such services by STATE, CITY agrees to pay to STATE the cost of rendering such services, which shall be computed in accordance with effective rates as of the time the services are performed. STATE agrees to submit invoices in triplicate for services which are rendered hereunder. 3. This Agreement commences effective the date of first above written and shall continue in full force and effect until either party shall notify in writing the other party of its determination to terminate the Agreement, which termination shall occur sixty (60) days after the mailing of such notice. IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties hereto, the day and year first above written. 0 OFFICE OF ADMI HEARINGS: By:%,� Karl �. I t s : n; Tpr+ ATTEST: City Cler,c%�S/9� REVIEWED AND APPROVED: L 9 Ci y A�tiniStrator UK7 - 2 - CITY OF HUNTINGTON BEACH 13y : t- Mayor APPROVED AS TO FORM: 3 3/-ep.-.City Attorney �� qj_