HomeMy WebLinkAbout10082 - Disability Retirement Review BoardRESOLUTION NO. 10082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ESTABLISHING A DISABILITY
RETIREMENT REVIEW BOARD TO REVIEW, CONSIDER
AND ACT ON DISABILITY RETIREMENT APPLICATIONS
SUBMITTED BY PUBLIC SAFETY EMPLOYEES OF THE
CITY OF NEWPORT BEACH
WHEREAS, the State Public Employees Retirement Law,
Government Code Section 21010 et seq, provides that public safety
employees of a public entity who are physically unable to perform
their usual duties due to a job - related injury are to be granted
a disability retirement; and
WHEREAS, in cases where there is a dispute between City
staff and the employee as to the employee's ability to perform
his or her usual duties, a provision of State law requires the
governing body of the public entity, the City Council, to hold a
hearing to determine fitness to perform; and
WHEREAS, delegation by the City Council to a Disability
Retirement Review Board of this responsibilty will eliminate the
need for the City Council to review medical records and conduct
full evidentiary hearings and thereby avoid the undue consumption
of time during regularly scheduled City Council meetings.
NOW, THEREFORE, BE IT RESOLVED that a Disability
Retirement Review Board consisting of the Finance Director,
Personnel Director and Assistant to the City Manager, or their
duly authorized representatives, be and it is hereby created.
Said Board is delegated the responsibility of determining,
pursuant to application for disability retirement filed by a
public safety
employee,
whether such
employee is
substantially
incapacitated
from the
performance of
his or her
usual duties
only in those cases when City staff cannot find that said
employee is unable to perform his usual duties and there exists a
dispute between City staff and the employee as to whether or not
the employee is incapacitated.
5
BE IT FURTHER RESOLVED that the Disability Retirement
Review Board is hereby delegated the power to compel the
attendance of witnesses by Subpoena and directed to adopt rules
of procedure to enable the Board to conduct proper proceedings.
ADOPTED this 22nd day of June , 1981.
yo
ATTEST;
,City Clerk
HRC /pr
6/22/81