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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-13-10 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />COLTON AUTHORIZING ADMINISTRATIVE LAW JUDGES <br />APPOINTED BY THE OFFICE OF ADMINISTRATIVE HEARINGS TO <br />HEAR DISABILITY RETIREMENT APPEAL DECISIONS AND <br />RENDER ADVISORY DECISIONS TO THE CITY COUNCIL <br />PURSUANT TO GOVERNMENT CODE SECTION 11512, APPROVING <br />THE STANDARD AGREEMENT WITH THE OFFICE OF <br />ADMINISTRATIVE HEARINGS TO PROVIDE SUCH HEARING <br />SERVICES, PURSUANT TO GOVERNMENT CODE SECTION 27727, <br />AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT AND ANY FUTURE VERSIONS OF THE STANDARD <br />AGREEMENT NECESSARY TO CONTRACT FOR SUCH SERVICES <br />WHEREAS, the City Council previously adopted Resolution No. R-109-05 delegating <br />its authority to make initial disability determinations for Public Employee Retirement System <br />("PERS") "safety" members under Government Code Section 21152(c); and <br />WHEREAS, pursuant to Government Code Section 21156(b)(2), a City employee may <br />appeal the City Manager's determination regarding his or her application for disability <br />retirement, and such appeal must be conducted using an Administrative Law Judge ("ALJ") <br />employed by the Office of Administrative Hearings ("OAH") (Government Code Section <br />11500 et seq.); and <br />WHEREAS, pursuant to Government Code Section 27727, the City is authorized to <br />contract with the OAH for this purpose; and <br />WHEREAS, pursuant to Government Code Section 11512, the City Council is also <br />authorized to determine whether to conduct the hearing in conjunction with the ALJ, or to <br />allow the ALJ to conduct the hearing on his or her own and render a proposed decision to the <br />City Council; and <br />WHEREAS, the City Council has determined that authorizing an ALJ to conduct the <br />hearing on his or her own and render a proposed decision to the City Council will be more <br />efficient and more cost effective. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON <br />DOES HEREBY RESOLVE AS FOLLOWS: <br />SECTION 1. Pursuant to Government Code Section 11512, the City Council hereby <br />authorizes an Administrative Law Judge, as appointed by the California Office of <br />Administrative Hearings, to conduct appeal hearings and render advisory opinions to the City <br />Council regarding Public Employee Retirement System disability retirement appeals. <br />ONTARIO\NSTUBBS\309048.1 <br />