HomeMy WebLinkAboutReso - CC - 094-2009RESOLUTION NO. 94-2009
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BURLINGAME DELEGATING TO THE
CITY MANAGER AUTHORITY TO DETERMINE
INDUSTRIAL DISABILITY OF SAFETY MEMBERS
WHEREAS, at its meeting on September 8, 2009, the City Council of the City of
Burlingame voted to eliminate the City's Civil Service Commission; and,
WHEREAS, the Public Employees Retirement Law requires that a contracting agency
determine whether an employee of such agency, in employment in which he is classified as a local
safety member, is disabled for the purposes of the Public Employees Retirement Law and whether
such disability is "industrial" within the meaning of such law; and
WHEREAS, CalPERS requires that a contracting public agency adopt a formal resolution
or ordinance which describes the agency's industrial disability determination procedure, including
which governing body or officer of the agency will make the disability determination for police and
fire safety members; and,
WHEREAS, under Government Code section 21173, the governing body of a public
agency contracting with Ca1PERS may delegate the agency's industrial disability determination
procedure to a subordinate officer of the agency; and
WHEREAS, the City Council, pursuant to Resolution 3-74 delegated the authority to
determine industrial disability of safety members to the Civil Service Commission and, with the
elimination of the Civil Service Commission, the City Council must transfer this function to an
alternate authority; and,
WHEREAS, the majority of California cities which do not have a Civil Service
Commission, delegate the industrial disability determination procedure to the City Manager; and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Burlingame as follows:
1) All of the facts recited above and in the staff report and attachments are true and correct.
2) The City Council hereby delegates to the City Manager of the City of Burlingame
authority to make determinations under the Government Code, on behalf of the City, of
disability of safety members and of whether such disability is industrial and to certify all
such determinations and all other necessary information to the Public Employees
Retirement System.
3) This changed procedure shall be effective on the effective date of the ordinance
eliminating the Civil Service Commission, December 2, 2009.
Ann Keighra ayor
I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame
City Council held on the 19`h day of October, 2009, by the following vote to wit:
AYES: Councihnembers BAYLOCK, DEAL, KEIGHRAN, NAGEL, O'MAHONY
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary ElleA Kearney, City Clerk