Resolution No. 2016-045INDUSTRIAL DISABILITY
RETIREMENTS APPROVED BY THE
CITY ADMINISTRATOR PER
RESOLUTION NO.2016-45 - *SEE
CLERK DEPARTMENT FILES
(INTERNAL) - CALPERS DISABILITY
RETIREMENT RESOLUTIONS
FOLDER IN LASERFICHE FOR
RESOLUTIONS
"RESOLUTIONS FROM 2017 -
PRESENT ARE ON FILE IN THE CITY
CLERK'S OFFICE
"CONTACT H.R. BEFORE
RELEASING ANY INFORMATION
FOR PUBLIC RECORDS REQUESTS
RESOLUTION NO. 2016-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DELEGATING AUTHORITY TO THE CITY
ADMINISTRATOR TO MAKE DETERMINATIONS REGARDING
INDUSTRIAL DISABILITY RETIREMENTS
WHEREAS, the City of Vernon (hereinafter referred to as
"Agency") is a contracting agency of the California Public Employees'
Retirement System ("CalPERS"); 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
whether such disability is "industrial" within such meaning of such
Law; and
WHEREAS, the City Council of the City of Vernon has
determined upon staff and 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 Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt from California Environmental Quality Act
("CEQA") review, because it is an administrative activity that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
delegates to the incumbent of the office/position of City
Administrator the 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 CalPERS.
SECTION 4: The City Council of the City of Vernon also
delegates to the incumbent of the office/position of City
Administrator the authority to make applications 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.
SECTION 5: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 2nd day of August, 2016.
Name: William J. Davis
Title: Mayor / -
TT G
7.
Mari E. Ay 1a
City Cle k / -Bei
APPROVED AS TO FORM:
) „i1.)
Zayn�h)goussa, Senior Deputy City Attorney
- 2 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
Maria E . Ayala t�F
I, City Clerk / -Berms--y G,—C—� Af the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2016-45, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, August 2, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 01- day of August, 2016, at Vernon, California.
(SEAL)
- 3 -
M ria E . la
City C e r k /r'
TRANSMITTAL COMMUNICATION
f
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 8, 2016
Stacey Olsen
Retirement Program Specialist
Ca1PERS Benefit Services Division
Disability Retirement Section
P.O. Box 2796
Sacramento, CA 95812-2796
Re: Resolution for Delegation of Authority
Ca1PERS ID: 3431795727
Dear Ms. Olsen:
Please find attached a certified copy of Resolution No. 2016-45 regarding the City's Delegation of
Authority.
If you have any questions, please contact Lisette Grizzelle at (323) 583-8811 extension 166.
Very trujy yours,
eborah R.Juarez
Records Management Assistant
Enclosure
c: Carlos Fandino
Lisette Grizzelle
EXclusivefy Industrial
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Matthew Ceballos, Deputy City Clerk of the City of
Vernon, County of Los Angeles, State of California, hereby
certify that the attached is a full and complete copy of:
RESOLUTION NO. 2016-45 - A Resolution of the City Council of
the City of Vernon Delegating Authority to the City
Administrator to Make Determinations Regarding Industrial
Disability Retirements
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this day of August 2016.
SEAL:
Matthew Ceballos
Deputy City Clerk
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Maria E. Ayala, City Clerk of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the
attached is a full and complete copy of:
RESOLUTION NO. 2016-45 - A Resolution of the City Council of
the City of Vernon Delegating Authority to the City
Administrator to Make Determinations Regarding Industrial
Disability Retirements
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 111" day of September 2017.
SEAL:
Maria E. Ayala
City Clerk
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Maria E. Ayala, City Clerk of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the
attached is a full and complete copy of:
RESOLUTION NO. 2016-45 - A Resolution of the City Council of
the City of Vernon Delegating Authority to the City
Administrator to Make Determinations Regarding Industrial
Disability Retirements
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this day of November 2017.
SEAL:
Mar a E. a1a
Cit Clerk
STAFF REPORT
RECEIVED
JUL 2 7 Z016
CITY CLERK'S OFFICE
STAFF REPORT
E C E I V E D
JUL 2 5 2016
CITY ADMINISTRATI0H
ov -7 --zf,--4(,o
HUMAN RESOURCES DEPARTMENT
DATE: August 2, 2016
TO: Honorable Mayor and City Council
FROM: /
Lisette Michel Grizzelle Sr. Human Resources AnalY st,/ �h
Originator: Karina Rueda, Human Resources Analyst )
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
DELEGATING AUTHORITY TO THE CITY ADMINISTRATOR TO
MAKE DETERMINATIONS REGARDING INDUSTRIAL DISABILITY
RETIREMENTS
Recommendation
A. Find that approval of the proposed California Public Employees Retirement System
(CaIPERS) Resolution for Delegation of Authority for Industrial Disability Retirements
to the City Administrator is exempt from California Environmental Quality Act
("CEQA") review, because it is an administrative activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a
"project" as defined by CEQA Guidelines section 15378.
B. Approve the attached resolution delegating authority to the City Administrator to make
applications for disability retirements on behalf of employees to CaIPERS, and/or to
make determinations on industrial disability retirement for safety employees once an
application is submitted to Ca1PERS.
Background
The City is a contracting agency with Ca1PERS for local safety and non -safety members. As
part of the contract, CaIPERS administers a disability retirement program for local safety
members. Disability retirement applications may be initiated by either the CaIPERS member
(i.e. the employee), the governing body of the contracting agency (City Council), or by an
official designated by the governing body.
Once Ca1PERS receives an application for disability retirement filed by, or on behalf of, a
Ca1PERS safety member, the contracting agency is required to determine whether the employee
is incapacitated or "disabled" from performing his/her job duties and, if so, whether his/her
disability is an "industrial" disability. In making this determination, the contracting agency is
Page 1 of 2
required by Ca1PERS to make certain specified findings, determinations and statements. The
contracting agency must then certify its determination to the Ca1PERS Board, which will
approve or disapprove the application for disability retirement based on the contracting agency's
determination.
City Council action is required to delegate authority to the City Administrator to make safety
officer industrial disability retirement determinations on behalf of the City. On June 28, 2016,
the Human Resources Department received a notice from Ca1PERS advising that the City of
Vernon does not have a valid Resolution for Delegation of Authority on file. Government Code
section 21156 grants authority to the governing body of the contracting agency to make a
determination on the basis of competent medical opinions. If the governing body of the
contracting agency decides to delegate the authority to an incumbent, the agency is required to
submit a Resolution for Delegation of Authority to Ca1PERS.
In order for CaIPERS to accept an employer originated disability retirement application and/or
process disability determinations, the City of Vernon must provide Ca1PERS with a Resolution
Delegating Authority. It is recommended that authority for industrial disability retirement
determinations and applications be delegated to the City Administrator.
Fiscal Impact
None.
Attachment(s)
1. Resolution
2. Ca1PERS Notice
Page 2 of 2
A. Ge-d-PERS
June 22, 2016
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Dear City Administrator:
P.O. Box 2796 Sacramento, CA 95812-2796
SM CsIPERS (or BW225-7377)
TTY: (877) 249-7442 1 Fax: (916) 795-1280
www.calpers.ca.gov
KtChIVEC,
California Public Employees' Retirement system
tUN 42 •ti 2'01,E
PERSONNEL OFFICE
CITY OF VERNON
CAPERS ID: 3431795727
This letter is to inform your agency that CalPERS does not have a valid Resolution for Delegation of
Authority on file. Government Code section 21156 grants authority to the governing body of the
contracting agency to make a determination on the basis of competent medical opinion and shall not
use disability retirement as a substitute for the disciplinary process. If the governing body of the
contracting agency decides to delegate the authority to an incumbent, the agency is required to submit
a Resolution for Delegation of Authority to CalPERS.
in order for CalPERS to accept your agency's employer originated disability retirement applications
and/or process your disability determinations, you must provide CalPERS with an updated Resolution
for Delegation of Authority. Failure to do so may result in a cancellation of the application or delay in
processing your determinations, and therefore delay paying retirement benefits to a member.
Enclosed is a sample of the resolution for your reference.
Your prompt cooperation in this matter is greatly appreciated.
We are here to assist you. If you have any questions, please visit our website at
www.calpers.ca.gov, or you may call us toll free at 888 CaIPERS (888-225-7377).
Sincerely,
Stacey Olsen
Retirement Program Specialist
Disability Retirement Section
Page 1 of 1
JUN 2 7 2(It6
CITY OF VERNON
FINANCE DEFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DELEGATING AUTHORITY TO THE CITY
ADMINISTRATOR TO MAKE DETERMINATIONS REGARDING
INDUSTRIAL DISABILITY RETIREMENTS
WHEREAS, the City of Vernon (hereinafter referred to as
"Agency") is a contracting agency of the California Public Employees'
Retirement System ("Ca1PERS"); 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
whether such disability is "industrial" within such meaning of such
Law; and
WHEREAS, the City Council of the City of Vernon has
determined upon staff and 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 Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt from California Environmental Quality Act
("CEQA") review, because it is an administrative activity that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
delegates to the incumbent of the office/position of City
Administrator the 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 Ca1PERS.
SECTION 4: The City Council of the City of Vernon also
delegates to the incumbent of the office/position of City
Administrator the authority to make applications 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.
SECTION 5: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 2nd day of August, 2016.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Zayn$h)4Y,oussa, Senior Deputy City Attorney
- 2 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, , City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, August 2, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of August, 2016, at Vernon, California.
(SEAL)
City Clerk / Deputy City Clerk
- 3 -