Burbank Municipal Code Art. 17 Disability Retirement

2-1-1701: PURPOSE:

The purpose of this article is to provide a uniform procedure for the evaluation and consideration of applications for disability retirements from City service in a manner consistent with the provisions of Division 5, Part 3, Chapter 8, Article 3 of the California Government Code (commencing with Section 21020). For the purpose of this article, the term “employee” shall mean a local safety member as such term is used in said provisions of the Government Code. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1702: DELEGATION:

Except as otherwise provided in this article, the authority and responsibilities provided to, or required of, the Council pursuant to Division 5, Part 3, Chapter 8, Article 3 of the California Government Code are hereby delegated to the Employee Relations Administrator. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1703: APPLICATIONS:

Application for disability retirement may be made by: a) the department head of the department or office in which the employee is or was last employed; b) the Employee Relations Administrator; or c) the employee or a person on their behalf. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1704: FILING OF APPLICATION:

The application shall be made only: a) while the employee is in City service; or b) while the employee is absent on military service; or c) within four (4) months after the discontinuance of the City service of the employee, or while on an approved leave of absence; or d) while the employee is physically or mentally incapacitated to perform duties from the date of discontinuance of City service to the time of application. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1705: INVESTIGATION OF APPLICATION:

The Employee Relations Administrator, or their designee, shall have the authority and duty to investigate the facts and circumstances pertaining to an application for disability retirement. Such investigative authority shall include ordering the employee to submit to necessary or desirable medical examinations, securing by subpoena duces tecum or otherwise, medical and other reports, records, and documentation for review, and taking statements by deposition or otherwise of the employee and/or other persons. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1706: PROPOSED DISPOSITION:

A. Notice of Proposed Disability Retirement: If the medical examination and other available information show to the satisfaction of the Employee Relations Administrator that the employee is incapacitated physically or mentally from the performance of their duties in the City service and is eligible to retire for disability, the Employee Relations Administrator shall send a notice of proposed retirement to the employee with copies to the designated representative of the employee, if any, and the department head. The Employee Relations Administrator shall certify the disability retirement to the Public Employees’ Retirement System unless an objection is filed with the Employee Relations Administrator within fifteen (15) calendar days from the date of the notice.

B. Informal Conference: If a timely objection is received, the Employee Relations Administrator shall schedule a conference within twenty (20) calendar days of the receipt of an objection, with written notice to the employee and their designated representative, if any, and such City personnel or agents as the Employee Relations Administrator deems appropriate. The purpose of the conference shall be to afford the employee, the department, and the Personnel Division of the Management Services Department an opportunity to reach agreement as to a final disposition of the matter and if an agreement is not reached, to frame issues, enter into stipulations, and schedule a formal hearing on the application. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1707: FORMAL HEARING:

A. Hearing: The formal hearing on an application for disability retirement shall commence on a date no later than ninety (90) calendar days from the last date of the informal conference. The matter shall be heard by the City Manager, or their designee. The hearing shall be conducted according to procedures established by the City Manager.

B. Fees and Costs: The City and the employee will each be responsible for its own costs and attorney fees, except that the City shall pay for an interpreter, if needed. The City will not be responsible for the preparation of a reporter’s transcript if the employee seeks judicial review of the decision pursuant to Section 2-811.

C. Burden of Proof: The burden of proof in any formal hearing shall be on the applicant for disability retirement. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1708: REQUIRED FINDINGS:

A. No employee shall be retired for disability unless:

The employee is incapacitated from the performance of a reasonable range of duties of a position in their last job classification; and
The incapacity is permanent or of an uncertain and extended duration. Such findings shall be based on competent medical evidence or testimony. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1709: SUBPOENAS:

The City Manager or their designee shall have authority to issue subpoenas at the request of any party. A subpoena for records or documents may issue if the party requesting the subpoena submits a statement showing good cause for the production of the things described in the subpoena, specifying the exact matters or things desired to be produced, setting forth in full detail the reasons why the material or things desired to be produced are important to the issues involved in the hearing, and stating that the witness has the desired matters or things in their possession or under their control. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1710: FINALITY OF DECISION:

The decision of the City Manager or their designee shall be final and conclusive. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1711: JUDICIAL REVIEW:

Judicial review of any decision made pursuant to this article shall be made by petition to a court of competent jurisdiction not later than the thirtieth day following the date that the decision hereunder becomes final. In such a case, the provisions of Section 11523 of the Government Code shall apply. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]

2-1-1712: APPLICATION OF ORDINANCE:

The provisions of this article apply to every disability retirement application pending on the effective date of this ordinance. This ordinance supersedes Resolutions 18,427, 19,644, 21,750, and 22,034. [Added by Ord. No. 3220, eff. 12/22/90; replaces section repealed by Ord. No. 3128.]