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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