HomeMy WebLinkAboutAdopt Resolution No. 2016-43 authorizing the Risk Manager to (2) Za11NCTpz 2000 Main Street,
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City of Huntington Beach APPROVED 7-0
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File #: 23-962 MEETING DATE: 11/7/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
•
VIA: Theresa St. Peter, Interim Director of Human Resources
PREPARED BY: DeAnna Soria, Risk Manager
Subject:
Adopt Resolution No. 2023-57 authorizing the City Manager to submit disability applications
for all members of the Public Employees Retirement System (PERS) and make determinations
of disability for local safety members
Statement of Issue:
The City Council previously adopted Resolution No. 2016-43 on June 20, 2016, authorizing the City's
Risk Manager to determine and file industrial disability retirement applications on behalf of the City's
safety employees who have sustained disabling injuries and/or illness in the course and scope of
work. At this time, staff is recommending that the City Manager assume the responsibility of making
these determinations going forward.
Financial Impact:
There is no financial impact for this Resolution update.
Recommended Action:
Adopt Resolution No. 2023-57, "A Resolution of the City Council of the City of Huntington Beach
authorizing the City Manager to submit disability applications for all members of the Public
Employees Retirement System and make determinations of disability for local safety members", and
repeal Resolution No. 2016-43.
Alternative Action(s):
Do not approve the updated Resolution, and direct staff to continue the current process outlined in
Resolution No. 2016-43
Analysis:
Risk Management conducted a survey of ten local cities and their risk management programs. Of
particular interest was the individual designated to have signing authority for industrial disability
retirements. As a result of the survey, staff is now recommending this signing authority be transferred
City of Huntington Beach Page 1 of 2 Printed on 11/1/2023
power Leg istarr"
File#: 23-962 MEETING DATE: 11/7/2023
to the City Manager, since 95% of the surveyed cities also designate the City Manager with this
signing authority.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable -Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan
<http://www.huntingtonbeachca.gov/strategicplan>.
Attachment(s):
1. Resolution No. 2016-43, "A Resolution of the City Council of the City of Huntington Beach
authorizing the Risk Manager to submit disability applications for all members of the Public
Employees Retirement System and make determinations of disability for local safety members"
2. Resolution No. 2023-57, "A Resolution of the City Council of the City of Huntington Beach
authorizing the City Manager to submit disability applications for all members of the Public
Employees Retirement System and make determinations of disability for local safety members"
City of Huntington Beach Page 2 of 2 Printed on 11/1/2023
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•
RESOLUTION NO. 2023-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE CITY MANAGER TO
• SUBMIT DISABILITY APPLICATIONS FOR ALL MEMBERS OF THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM AND MAKE
DETERMINATIONS OF DISABILITY FOR LOCAL SAFETY MEMBERS
WHEREAS, the City of Huntington Beach (herein referred to as "Agency") is a
contracting agency of the California Public Employees' Retirement System; and
WHEREAS, on June 20, 2016, by Resolution No. 2016-43, the City Council authorized
the Risk Manager to submit applications and make determinations of disability and whether such
disability is Industrial to the California Public Employees Retirement System(CalPERS); and
WHEREAS, Government Code Section 21152(c) allows the City Council or its designee
to make applications on behalf of the Agency for disability retirement of all members, and to
initiate requests for reinstatement of such employees who are retired for disability; and
WHEREAS, Government Code Section 21156 requires that the governing body of the
Agency determine whether a local safety member is disabled for purposes of the Public
Employees' Retirement Law and whether such disability is "industrial" within the meaning of
such Law;
WHEREAS, pursuant to Government Code Section 21173, the City Council, as the
governing body of the Agency, may delegate its authority to make such disability determinations
for safety members to a subordinate officer; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. The City Council does hereby delegate to the incumbent of the
•
office/position of City Manager the authority to make applications on behalf of the Agency
pursuant to Government Code Section 21152(c) for disability retirement of all members and to
initiate requests for reinstatement of such employees who are retired for disability.
SECTION 2. The City Council does hereby delegate to the incumbent of the
office/position of City Manager the authority to make determinations of local safety member
disability on behalf of the Agency under Government Code Section 21156, whether such
disability is industrial, and to certify such determinations and all other necessary information to
the California Public Employees' Retirement System.
SECTION 3. Resolution No. 2016-430 is hereby repealed.
RESOLUTION NO. 2023-57
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of November ,2023.
<I . w,10&l.‘a
Mayor
ATTEST: APPROVED AS TO FORM:..
144(4L. 9 /1-44'214-W
City Clerk City Attorney ?,,�
REVIEWED 'iii'ROVED: INITIATED AND APPROVED:
NI311116'' IklAcy ;.SV---- C-
y 10. sager Director of
rt Human Resources
•
•
23-13663/321964
Res. No. 2023-57.
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
•
I, ROBIN ESTANISLAU, 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 at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 7, 2023 by the following vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None
RECUSE: None
174(11 e67141714ated
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Dept ID HR 16-016 Page 1 of 2
Meeting Date 6/20/2016
77-0
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 6/20/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Michele Warren, Director of Human Resources
SUBJECT: Adopt Resolution No 2016-43 authorizing the Risk Manager to submit
applications and make determinations of disability and whether such disability is
Industrial to the California Public Employees' Retirement System (CaIPERS)
Statement of Issue
The City Council previously adopted Resolution No 6210 on September 4, 1990, authorizing the
City's Risk Manager to determine and file industrial disability retirement applications on behalf of
the City's safety employees who have sustained disabling injuries and/or illness in the course and
scope of work CaIPERS has informed the City that Resolution No 6210 must be replaced/updated
to comply with changes in administrative and legislative requirements under the California Public
Employees' Retirement Law (PERL)
Financial Impact
There is no financial impact for this Resolution update
Recommended Action
Adopt Resolution No 2016-43, "A Resolution of the City Council of the City of Huntington Beach
Authorizing the Risk Manager to Submit Disability Applications for All Members of the Public
Employees Retirement System and Make Determinations of Disability for Local Safety Members "
Alternative Action(s)
Do not approve the updated Resolution and direct staff to communicate with CaIPERS to determine
if there is any means by which CaIPERS will continue to accept and use the existing Resolution No
6210
Analysis
Over time, there have been administrative and legislative modifications to various provisions of the
California Public Employees' Retirement Law (PERL) CaIPERS is requiring the City to repeal the
prior Resolution and to adopt the updated Resolution to conform to the current administrative
requirements Failure to provide CaIPERS with the updated Resolution would result in
delays/denials of any Industrial Disability Retirement application determinations and submittals on
behalf of City employees This could result in injured workers not timely receiving benefits to which
they would otherwise be entitled under the statute
Environmental Status
N/A
xB -173- Item 13. - 1
Dept ID HR 16-016 Page 2 of 2
Meeting Date 6/20/2016
Strategic Plan Goal
Enhance and Maintain City Service Delivery
Attachments)
1 Resolution No 6210 dtd Sept 4, 1990
2 Resolution No 2016-43, "A Resolution Of The City Council Of The City Of Huntington
Beach Authorizing The Risk Manager To Submit Disability Applications For All Members of
the Public Employees Retirement System And Make Determinations Of Disability For Local
Safety Members"
Item 13. - 2 HB -l 74-
RESOLUTION NO. 6210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE RISK MANAGER TO
SUBMIT APPLICATIONS FOR DISABILITY RETIREMENT TO THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM BOARD
WHEREAS, California Government Code section 21023 provides in
applicable part that the governing body, or an official designated
by the governing body, may make application to the Public
Employees Retirement System Board for disability retirement when a
member is an employee of a contracting agency; and
The Council deems it expeditious and desirable that such
applications for disability retirement be made by the Risk Manager
on behalf of city employees who are permanently unable to perform
their assigned duties,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Huntington Beach that the Risk Manager is hereby authorized,
pursuant to California Government Code section 21023, to make
application for disability retirement for any city employee who,
based on competent medical opinion, is incapacitated for the
performance of duty.
- 1 -
HB -1 7s- Item 13. - 3
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on
the 4th day of September 1990.
1 �J
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: IN ATE D PROVED:
City�Admini rator erector of Admin' trat ve
Services
I
- 2 -
Item 13. - 4 H B _1 76_
6210
Res, No. 6210
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council
at a regular meeting thereof held on the 4th day
of September 19 90 by the following vote:
AYES: Councilmembers:
MacAllister, WinrhPilF Gtee_n. Mays Bannister, Silva
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Erskine
City Clerk-and ex-offtclo Clerk
of the City Council of the City
of Huntington Beach, California
HB -177- Item 13. - 5
RESOLUTION NO 2016-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE RISK MANAGER TO
SUBMIT DISABILITY APPLICATIONS FOR ALL MEMBERS OF THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM AND MAKE
DETERMINATIONS OF DISABILITY FOR LOCAL SAFETY MEMBERS
WHEREAS, the City of Huntington Beach (herein referred to as "Agency") is a
contracting agency of the California Public Employees' Retirement System, and
WHEREAS, on September 4, 1990, by Resolution No 6210, the City Council authorized
the Risk Manager to submit applications for disability retirement to the Public Employees'
Retirement System Board, and
WHEREAS, the Public Employees' Retirement Law requires that a contracting agency
determine whether an employee of such agency in employment in which he/she is classified as a
local safety member is disabled for purposes of the Public Employees' Retirement Law and
whether such disability is"industrial" within the meaning of such law, and
WHEREAS, Government Code Section 21152(c) allows the City Council or its designee
to make applications on behalf of the Agency for disability retirement of all members, and to
initiate requests for reinstatement of such employees who are retired for disability, and
WHEREAS, Government Code Section 21156 requires that the governing body of the
Agency determine whether a local safety member is disabled for purposes of the Public
Employees' Retirement Law and whether such disability is "industrial" within the meaning of
such Law,
WHEREAS, pursuant to Government Code Section 21173, the City Council, as the
governing body of the Agency, may delegate its authority to make such disability determinations
for safety members to a subordinate officer, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows
SECTION 1 The City Council does hereby delegate to the incumbent of the
office/position of Risk Manager the authority to make applications on behalf of the Agency
pursuant to Government Code Section 21152(c) for disability retirement of all members and to
initiate requests for reinstatement of such employees who are retired for disability
SECTION 2 The City Council does hereby delegate to the incumbent of the
office/position of Risk Manager the authority to make determinations of local safety member
disability on behalf of the Agency under Government Code Section 21156, whether such
disability is industrial, and to certify such determinations and all other necessary information to
the California Public Employees' Retirement System.
1
SF-16-5290/137611 docx
Resolution No. 2016-43
SECTION 3 Resolution No 6210 is hereby repealed.
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 , 2016
ayo
ATTEST APPROVED AS TO FORM
City Clerk City Attorney
REVIEWED AND APPROVED INITIATED APP OVED
Manager erector of Human Resourc
i es
2
SF-1 6-5290/1 376 1 1 docx
Res. No. 2016-43
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 at least a majority of all the members of
said City Council at a Regular meeting thereof held on June 20, 2016 by the
following vote
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California