HomeMy WebLinkAboutNB 4 DISABILITY RETIRE 05-19-80OATE:
TO:
FROM:
SUBJECT:
MAY 13, 1980
NEW BUSINESS
No. 4
5-19-80
inter-Corn
HONORABLE MAYOR AND CITY COUNCIL
DAN BLANKENSHIP, CITY ADMINISTRATOR
DISABILITY RETIREMENT REVIEW BOARD
The Disability Retirement Review Board is a staff board that must review an
individual's case for the technical qualifications for disability retirement
of Police Department local safety employees. That Board then makes a finding
and recommendation to the City Council.
The present structure of the Board has two problems inherent in its organization.
Of the three voting members of the Board, the Personnel Director has already
been involved in the case and therefore is not as able to render an objective
decision. Likewise, the City Attorney's representative is presently placed in
the conflicting role of presenting the City's case and passing on the propriety
of evidence and procedure. It appears that both of Yh'ese problems can be solved
by removing the Personnel Director from the Board and assigning him/her to present
the City's case with which he/she is already familiar.
The third position on the Board would be filled by a department head other than
the Chief of Police. This would then free the City Attorney's representative
to only serve as an advisor on propriety of evidence and procedure, and other
legal matters.
As this is an internal organizational matter on management's side, this item
does not require consultation or meet and confer with the City's employee
associations.
RECOMMENDED ACTION
Adopt Resolution No 80-48, revising the Personnel Rules regarding the membership
and procedures of the Disability Retirement Review Board.
Respectfully submitted
an~Bla~kenshi p
City Administrator
DB/hl r
DATE:
May 7~ 1980
Inter-Corn
TO:
FROH:
SUBJECT:
DAN BLANKENSHIP~ CITY ADMINISTRATOR
3AMES G. ROURKE, CITY ATTORNEY
PROPOSED AMENDMENT TO THE CITY OF TUSTIN PERSONNEL
RULES & REGULATIONS CONCERNING DISABILITY RETIREMENTS
Attached is a draft resolution amending the City of Tustin Personnel
Rules & Regulations. In this proposed procedure the Personnel Director would
present the evidence in the particular matter. The Retirement Review Board
would consist of the City Administrator, the Finance Director~ and a third
department head as may be appointed by the City Administrator. The thought is
that the City Administrator would appoint a disinterested department head. A
member of the City Attorney's office would be present at the meetings of the
Retirement Review Board to advise the Board. Hopefully this procedure will avoid
any appearance of a conflict of interest on the part of the City Attorney's office
and also on the part of the Personnel Director. The Personnel Director would be
the person most familiar with the case and therefore a logical selection for the
person to present the matter to the Retirement Review Board. The presence of a
member of the City Attorney's office to advise the Board would hopefully offset
any disadvantage which may arise when an employe~ appears with counsel.
Please review and give us your comments.
RLL:lw:D:~/2~/80
3GR:se:R:5/6/80
IC DB/PR&R D:g
CC: Mary Wynn, w/orig, enclosure
RESOLUTION NO. 80-48
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING
SECTION 10F OF THE CITY OF TUSTIN PERSON-
NEL RULES AND REGULATIONS PERTAINING TO
DISABILITY RETIREMENT.
5 The City Council of the City of Tustin, California,
6 does resolve as follows:
7 Section 10F of the City of Tustin Personnel Rules
8 and Regulations is amended to read as follows:
9 "Disability Retirement. In case of an
10 employee other than a police department local
11 safety member, his disability status and entitle-
12 ment to retirement shall be established by the
15 Public Employees' Retirement System. For a
14 police deparment employee who ~ualifies as a local
15 safety member, the determinations as to whether
16 that employee is (1) disabled, and (2) whether
17 such disability was industrially caused, shall
18 be made by the Retirement Review Board consisting
19. of the City Administrator, the Finance Director,
~0 and a third department head as may be designated
~ from time to time by the City Administrator. The
22 Personnel Director or his designee shall present
25 evidence to the Retirement Review Board concerning
24 the disabilit~ of the employee. Determinations of
~5 the Retirement Review Board shall be submitted to
26 the City Council for adoDtion and certification to
27 the Public Employees' Retirement System Board.
~8 Once adopted by the City Council, all decisions
29 shall be final.
30 PASSED AND ADOPTED at a regular meeting of the City
31 Council of the City of Tustin, California, held on the
III
1
§
?
10
11
12
17
18
2O
2i
2~
2§
25
27
28
2~
~0
$1
~2
day of
ATTEST:
CITY CLERK
RLL:lw:D:4/24/80
, 1980.
MAYOR
-2-