HomeMy WebLinkAboutReso - CC - 124-2021RESOLUTION NO. 124-2021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
DELEGATING TO THE CITY MANAGER THE AUTHORITY TO SUBMIT APPLICATIONS
FOR AND DETERMINE INDUSTRIAL DISABILITY OF SAFETY MEMBERS; AND
RESCINDING CITY COUNCIL RESOLUTION NO. 94-2009
WHEREAS, the City of Burlingame (herein referred to as City) is a contracting agency of
the California Public Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting agency
determine whether an employee of such agency in employment in which he/she is classified as a
local safety member is disabled for purposes of the Public Employees' Retirement Law and such
disability is "industrial" within the meaning of such Law; and
WHEREAS, the City Council has determined upon legal advice that it may delegate
authority under Government Code section 21173 to make such determinations to the incumbent
of the office/position of City Manager; and
WHEREAS, at its meeting on October 19, 2009, the City Council adopted Resolution 94-
2009, which delegates authority to determine disability of safety members to the City Manager,
but is silent on who may submit disability applications on behalf of the City; and
WHEREAS, pursuant to Government Code section 21152(c), the City Council also wishes
to delegate to the City Manager the authority to submit disability applications on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame
rescinds Resolution No. 94-2009; and
BE IT FURTHER RESOLVED, that the City Council of the City of Burlingame delegates
and it does hereby delegate to the incumbent of the office/position of City Manager, authority to
make application on behalf of the Agency pursuant to Government Code section 21152 (c) for
disability retirement of all employees and to initiate requests for reinstatement of such employees
who are retired for disability; and
BE IT FURTHER RESOLVED, that the City Council of the City of Burlingame delegates
and it does hereby delegate to the incumbent of the office/position of City Manager authority to
make determinations of disability on behalf of the Agency under Government Code section 21156
and whether such disability is industrial and to certify such determinations and all other necessary
information to the California Public Employees' Retirement System.
An O'Brien Keighran, Mayor
I, Meaghan Hassel Shearer City Clerk of the City of Burlingame, certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 18th day of October
2021, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
e han H kShearer, City Cler