HomeMy WebLinkAboutResolution 2004-047 RESOLUTION NO. 2004-047
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, TO AUTHORIZE AND APPROVE
DELEGATION OF AUTHORITY FOR DISABILITY DETERMINATIONS
WHEREAS, the City of Atascadero (hereinafter referred to as Agency) is a contracting
agency of the 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 is classified as a
local safety member is disabled for purposes of the Public Employee's Retirement Law and
whether such disability is "industrial" within the meaning of such Law; and
WHEREAS, the City Council of the City of Atascadero has determined upon legal
advice that it may delegate authority under section 21173 of the Government Code to make such
determinations to the incumbent of the position of City Manager.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero
SECTION 1.That the City Council of the City of Atascadero delegate and it does hereby
delegate to the incumbent of the position of City Manager authority to make determinations
under section 21152(c), Government Code, on behalf of the Agency, of disability and whether
such disability is industrial and to certify such determinations and all other necessary information
to the Public Employees' Retirement System.
SECTION 2. That such incumbent be and he/she is authorized to make applications on
behalf of the Agency for disability retirement of all employees to initiate requests for
reinstatement of such employees who are retired for disability.
On motion by Council Member O'Malley and seconded by Council Member Clay, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSENT: None
ADOPTED: June 8, 2004
C OF ATASC O
By: 6 -P-A--
r. George Luna,Mayor
ATTEST: A, ROVED A O FORM:
Marcia McClure Torgerson,City Oerk Ro I.
Hanley,City forney