Sacramento Municipal Code Art. XIV Retirement Hearing Commission

Any person who has a direct financial interest who is adversely affected by a decision of the retirement system manager with respect to such person's claim for benefits or right to continue to receive benefits under this chapter or the City Charter, or claim for a refund pursuant to former (1989) Charter Section 436, may appeal such decision to the retirement hearing commission. (Prior code § 34.14.1400)

As used in this article, unless the context or subject matter requires otherwise:

"Appellant" means any person other than the respondent who has a direct financial interest who is adversely affected by a decision of the retirement system manager with respect to such person's claim for benefits, or claim for refund pursuant to former (1989) Charter Section 436, who has filed a timely appeal with the retirement hearing commission.

"Party" includes the appellant and the respondent.

"Respondent" means the city manager or his or her designee. (Prior code § 34.14.1400A)

Appeals shall be filed with the retirement system manager, acting as secretary of the retirement hearing commission. An appeal shall be in writing and shall be filed not later than one hundred eighty (180) days following the date on which the decision of the retirement system manager from which appeal is taken became applicable pursuant to Section 2.124.2200 of this chapter. For purposes of Sections 2.124.2080 and 2.124.2100 of this chapter, the date on which the decision of the retirement system manager became applicable shall be the date upon which notice of the decision is mailed. No late appeal shall be considered in any case by the commission or a hearing officer. (Prior code § 34.14.1401)

The appeal, referred to as the "appellant's statement," shall be in writing and shall be signed by the appellant or his or her attorney. The appellant's statement need not be in any particular form but shall describe the retirement system manager's decision appealed from and shall state with reasonable specificity the bases for the appeal. Within thirty (30) calendar days of service of a copy of the appellant's statement, the respondent may file a statement with the retirement system manager stating with reasonable specificity the grounds upon which the respondent bases his or her objection to the appeal, but failure to file such statement shall not affect respondent's right to oppose said appeal. Such statement shall be referred to as the "respondent's statement. Such statements may be amended or supplemented at such times and upon such terms as the hearing officer or commission deem just. (Prior code § 34.14.1402)

A. Pursuant to the procedures set forth in subsection B of this section, the following information is discoverable:

1. The name and address of each witness whom the responding party intends to call to testify at the hearing.

2. Copies of any medical writings ("writings" as used herein shall have the meaning defined in the Evidence Code) including, but not limited to, reports of mental, physical, and blood examinations which the responding party intends to introduce into evidence.

3. Any other writing which is relevant to the appeal.

4. If not previously supplied, the information in Section 2.124.2000(B) of this chapter.

B. Procedure for Discovery.

1. Service of Request. At any time after a hearing date has been scheduled for an appeal, but in no event later than the fifth working day before the date set for such hearing, any party may personally serve on the other party a written request for any or all of the information set forth in subsection A of this section. Service may be made by mail, but in that event, the request must be deposited in the U.S. mail not later than the eighth working day before the date set for such hearing.

2. Response. Within three working days of receiving the request mentioned in subsection (B)(1) of this section, the responding party shall comply with the request as fully as possible. Such response shall be served upon the requesting party by first-class mail.

3. Request to be Deemed Continuing Request. The responding party shall deem the request to be a continuing request and shall respond to such request from time to time so as to fully respond to such continuing request by furnishing from time to time to the requesting party the information requested. The responding party shall furnish such information to the requesting party as soon as practicable after the responding party receives such information.

4. Negative Response. In the event the responding party does not have any item of the information requested, the responding party shall give a written negative response as to that particular item within the time specified for response and shall respond fully as to the information which the responding party does possess. In such event, the responding party shall comply with subsection (B)(3) of this section after such negative response.

5. Disputes. Any dispute between parties regarding discovery shall be resolved by the hearing officer, or, if the hearing is pending before the commission, by the commission.

6. Penalties for Failure to Comply. The person or body conducting the hearing shall impose penalties for failure to comply with these discovery provisions. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the noncomplying party, and the extent to which the noncompliance results in surprise to the requesting party and handicaps the requesting party in preparing his or her case. The following penalties may be imposed:

a. Exclusion of evidence;

b. Continuing the hearing at any stage; or

c. Such other reasonable penalties as may be necessary to assure compliance with these discovery provisions. (Prior code § 34.14.1403)

A. The hearing officer shall base his or her decision solely upon relevant evidence presented to or considered by the retirement system manager and any supportive evidence which may be admitted at the hearing.

B. In the event that any party to the appeal attempts to introduce additional evidence for consideration by the hearing officer, the hearing officer shall not consider such evidence, but shall instead immediately recess the hearing and refer the application to the retirement system manager for reconsideration in light of said additional evidence. Not later than thirty (30) days following the referral of the matter to him or her, the retirement system manager shall reconsider the matter in light of the additional evidence and shall either affirm or disaffirm the prior decision from which the appeal has been taken. The retirement system manager shall thereafter advise the hearing officer of the action taken upon rehearing.

C. The commission shall base its decision to adopt, modify or reject the proposed findings of fact and proposed decision of the hearing officer solely upon the record before it and any additional evidence which may be admitted by said commission.

D. As used in this section, "supportive evidence" means relevant evidence which is cumulative or corroborative of evidence presented to or considered by the retirement system manager.

E. As used in this section, "additional evidence" means relevant evidence which, in exercise of reasonable diligence could not have been presented to the retirement system manager by its proponent prior to the manager's decision upon which the appeal is based.

F. In any case where additional evidence is admitted, the party against whom it is offered shall be afforded a reasonable opportunity to rebut such evidence. The hearing officer or commission may grant such continuances as may be reasonable and necessary under the circumstances for purposes of obtaining rebuttal evidence. (Prior code § 34.14.1404)

The commission shall determine the time and place of the hearing after consulting the office of administrative hearings and the parties to the appeal. The hearing officer conducting the hearing may grant continuances under such conditions as he or she deems appropriate, provided, if no hearing officer has been assigned to a hearing the commission may grant continuances under such conditions as it deems appropriate. The party requesting a continuance shall pay any charges imposed by the office of administrative hearings in connection with such continuance, except in those instances where the continuance is granted to afford a party the opportunity to obtain rebuttal evidence to additional evidence (as additional evidence is defined in Section 2.124.2250 of this chapter), in which case the charges shall be paid by the party who offered the additional evidence. (Prior code § 34.14.1405)

Any party may, without proof of cause, disqualify not more than one hearing officer in any proceeding prior to the taking of evidence at a hearing.

In addition, a hearing officer shall either voluntarily or upon request disqualify himself or herself for cause and withdraw from any appeal in which he or she cannot accord a fair and impartial hearing or consideration.

Any party may request the disqualification of any hearing officer for cause by filing an affidavit or making a sworn statement prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The retirement hearing commission shall determine whether to grant the request for disqualification of a hearing officer if the hearing officer does not voluntarily disqualify himself or herself. (Prior code § 34.14.1406)

The proceedings at the hearing shall be recorded by a tape recorder or by a certified shorthand reporter. (Prior code § 34.14.1407)

The following provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code of the state of California (Administrative Procedure Act), as presently written or hereafter amended, shall be applicable to hearings conducted pursuant to this article:

A. Section 11513 ("Evidence Rules").

B. Section 11514 ("Evidence by Affidavit").

The reference to "ten (10) or more days" in Section 11514 shall be amended to read "fifteen (15) or more days." The term "agency" as used in the above-cited sections shall mean the city of Sacramento. (Prior code § 34.14.1408)

A. The hearing officer shall prepare proposed findings of fact and a proposed decision in such form that they may be adopted by the commission as the findings and the decision in the case. Copies of the proposed findings and decision shall be filed with the commission and shall be served by the commission on each party in the case. Not sooner than ten (10) days after service on all parties, and upon notice to all parties, the commission may adopt the proposed findings and decision in their entirety, may reject the proposed findings and decision in their entirety or may modify the proposed findings and decision.

B. The commission, after reviewing the record, the proposed findings of fact and proposed decision, and taking such additional evidence as may be necessary, may adopt, modify or reject the proposed findings of fact and proposed decision.

As used herein, the "record" shall include all written and physical evidence which was introduced and accepted into evidence before the hearing officer and in addition thereto shall include any of the following:

1. A tape recording of the proceedings before the hearing officer;

2. A transcription of the tape recording to be prepared at the expense of the party requesting the transcription;

3. A certified shorthand reporter's transcript of the proceedings before the hearing officer to be prepared at the expense of the party requesting the transcript; or

4. A written statement of the facts which are agreed upon by the appellant and respondent, which may be the proposed findings of fact prepared by the hearing officer. (Prior code § 34.14.1409)

The decision of the commission shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also inform the applicant that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by registered mail. The decision shall be final when signed by the commission and served as herein provided. (Prior code § 34.14.1410)

The appellant and respondent may agree any time prior to the time the retirement hearing commission's decision becomes final to a settlement of the matter, provided that the retirement system manager concurs with the terms of the settlement agreement. The appellant and the respondent may agree any time thereafter to settle the matter, but no such settlement shall be effective until the retirement hearing commission concurs with the terms of the settlement agreement. (Prior code § 34.14.1410A)

Any judicial action taken by the applicant to set aside, annul or vacate any decision, finding, or action taken by the commission pursuant to the provisions of this chapter, shall be filed within the time limits prescribed in California Code of Civil Procedure Section 1094.6. (Prior code § 34.14.1411)

In any proceedings under this article, any commission member, secretary of the commission, hearing reporter, or hearing officer has power to administer oaths and affirmations and to certify to official acts. (Prior code § 34.14.1412)

The commission shall hold meetings upon call of the chairperson, the secretary, or any two members thereof, by giving notice thereof in the manner provided by law. The commission shall select one of its members to act as chairperson to serve for the period of one year, to coincide with the calendar year or until a successor is selected. (Prior code § 34.14.1413)

The commission shall act only by motion on all matters considered by it for determination, but procedural and evidentiary rulings may be made by the chairperson or presiding member subject to reversal upon an appeal of the ruling of the chair. A majority of the members of the commission shall constitute a quorum for the transaction of business. Action by the commission shall require the affirmative vote of three members, except that a lesser number may adjourn from time to time. (Prior code § 34.14.1414)

In the event that as of January 1, 1977, a hearing on an application for disability retirement benefits is in progress and the retirement of the member for disability has not been ordered by the retirement board as it existed prior to January 1, 1977, the application for disability benefits shall be deemed to have been filed with the retirement system manager, rejected by the manager and appealed to the retirement hearing commission. The commission shall refer the matter to an independent hearing officer who may, in his or her discretion, hear the entire matter or review the record and continue the hearing. (Prior code § 34.14.1415)

In reaching a decision, official notice may be taken either before or after submission of the case for decision of any fact which may or must be judicially noticed by the courts of this state. All parties shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing officer or commission, as the case may be. (Prior code § 34.14.1416)

Whenever service by registered mail is required by any section of this article or Article XII of this chapter, certified mail or personal delivery may be made in lieu of service by registered mail. (Prior code § 34.14.1417)