HomeMy WebLinkAboutTC Res 2020-02-19 (2) RESOLUTION NO. 04-2020
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ESTABLISHING A PROCEDURE FOR DISABILITY RETIREMENT
DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, Resolution No. 02-2001, authorizing the Town Manager, or their designee,
to file disability retirement applications initiated on behalf of all employees and to render local
safety member disability retirement and reinstatement determinations pursuant to Government
Code sections 21153, 21173, 21152(c), and 21156 was adopted on January 17, 2001, and
WHEREAS, Government Code section 22156 sets forth the right of a local safety
member to appeal the determination;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Town Council of the
Town of Tiburon that following the filing of an application for disability retirement by local
safety officers under the California Public Employees' Retirement System, the following
procedures shall be employed:
I. An initial determination will be made by the Town upon medical and other available
evidence offered by either the applicant or the Town to determine whether the applicant
is incapacitated from the performance of duty. The determination shall be made within
six months of the date of the receipt by the Town from CalPERS unless this time
requirement is waived in writing by the applicant. Said determination shall be made by
the Town Manager or their designee.
A. If it is determined by the Town that the applicant is incapacitated, and the
incapacity is industrial, the Town Manager or their designee will so certify to
CaIPERS.
B. If it is determined that the applicant is incapacitated but that the cause of
incapacity is nonindustrial, the Town Manager or their designee will so certify to
CalPERS.
C. If it is determined that the applicant is incapacitated, but the applicant contends
that the cause of disability is industrial, the applicant may petition the Workers'
Compensation Appeals Board (WCAB) for a Finding of Fact determining
causation. If the WCAB determines the cause of incapacity to be industrial, or
nonindustrial. the Town will so certify to CalPERS.
D. If the Town determines that the applicant is not incapacitated from the
performance of duty, it shall notify the applicant and CalPERS of this
determination. The Town shall notify the applicant by certified mail (return
receipt requested) or by personal service of their right to appeal their decision and
request a hearing within thirty calendar days of the notice.
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Torn» Council ResOlulio17 No. 04-2020 Fehruary 19, 2020
2. If the applicant requests a hearing, the hearing shall be held in conformity with the
Administrative Procedures Act. When an applicant requests a hearing, the Town will
notify CalPERS. The Town will also notify the Office of Administrative Hearings and
will request a hearing date and a prehearing conference with an Administrative Law
Judge ("ALJ"). The applicant will be informed that the hearing will be held at the time
and place designated by the Office of Administrative hearings which shall set a hearing
date and pre-hearing conference.
A. The hearing shall be conducted before the Administrative Law Judge alone. An
Administrative record shall be generated at the hearing pursuant to the
Administrative Procedures Act. All testimony shall be recorded by a Certified
Shorthand Reporter.
B. Following the hearing the Administrative Law Judge (ALJ). prepares a Proposed
Decision. The decision will include a determination of issues, findings and
summary of facts. The Proposed Decision will be reviewed by the Town
Council. The Town Council shall take one of the following actions:
1. The decision will be adopted by the Town as its decision; or
2. The Town will reject the decision and make its own decision without
hearing additional evidence; or
3. The Town will reject the ALJ decision based on additional evidence in
the form of an additional hearing with ALJ to hear the evidence.
C. The decision and findings will be served on the applicant by certified mail and
CaIPERS will be notified.
If applicant is found to be incapacitated,the Town will so certify to CalPERS.
If applicant is found not to be incapacitated, the Town shall so certify to
CalPERS. The applicant will be further advised that they have thirty (30)
calendar days to see judicial review. Such review is by means of filing a Petition
for Writ of Mandate in the Superior Court of Marin County.
D. Upon the Town's receipt of notice that applicant has filed a Petition for Writ of
Mandate in the Superior Court of Marin County, or upon expiration of thirty
calendar days where applicant has not tiled a Petition for Writ of Mandate, the
Town will so notify CalPERS.
E. Upon the Town's receipt of the Writ of Mandate in the Superior Court of Marin
County, the "Town will notify CalPERS.
BE IT FURTHER RESOLVED THAT this Resolution shall take effect immediately.
PASTED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on February 19. 2020 by the following vote:
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To1nn Council Resolution No. 04-2020 Fehnim->> 19, 2020
AYES: COUNCILMEMBERS: Fredericks, Kulik, Thier, Welner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: One Vacant Seat
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
i-)/,/�'� �4&�il;l�
LEA STEFA% I, TOWN CLERK
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Town Council Resolzrlion No. 04-2020 February 19, 2020