2 Resolution of the City Council of the City of Livingston Authorizing Delegation of Authority to the Interim City Manager Regarding Industrial Disability Retirement Applications.

Meeting Date: January 19, 2016

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STAFF REPORT

AGENDA ITEM: Resolution of the City Council of the City of Livingston Authorizing Delegation of Authority to the Interim City Manager Regarding Industrial Disability Retirement Applications.

MEETING DATE: January 19, 2016

PREPARED BY: Danna Rasmussen, Sr. Administrative Analyst/Confidential REVIEWED BY: Odi Ortiz, Interim City Manager

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RECOMMENDATION:

City Council review and adopt Resolution No. 2016-_, a Resolution of the City Council of the City of Livingston authorizing delegation of authority to the Interim City Manager regarding Industrial Disability Retirement applications.

BACKGROUND:

For the City of Livingston to be in compliance with the "delegation of authority" requirements, the City Council must approve the attached resolution and forward to CalPERS. Currently CalPERS does not have this position as having delegating authority on file.

DISCUSSION:

None.

FISCAL IMPACT:

No additional cost to the City.

ATTACHMENTS:

1. Resolution No. 2016_, A Resolution of the City Council of the City of Livingston Authorizing Delegation of Authority to the Interim City Manager Regarding Industrial Disability Retirement applications.

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RESOLUTION NO. 2016-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING DELEGATION OF AUTHORITY TO THE INTERIM CITY MANAGER RELATAING TO INDUSTRAIL DISABILITY RETIREMENT APPLICATIONS

WHEREAS, the City of Livingston herein referred to as Agency 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 whether 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 Interim City Manager.

NOW, THEREFORE, BE IT RESOLVED: That the City Council delegate and it does hereby delegate to the incumbent of the office/position of Interim City Manager 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.

BE IT FURTHER RESOLVED that the City Council delegate and it does hereby delegate to the incumbent of the office/position of Interim 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.

Passed and adopted this 19th day of January 2016, by the following vote:

AYES:

NOES:

ABSENT:

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Rodrigo Espinoza, Mayor of the City of Livingston

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ATTEST:

I, hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 19th day of January 2016.

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Antonio Silva, City Clerk of the City of Livingston

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