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HomeMy WebLinkAbout85-157****AMENDED BY RES. 87-56*** RESOLUTION NO. 85-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE DISABILITY RETIREMENT DETERMINATIONS PURSUANT TO GOVERNMENT CODE SECTION 21025 AND PROVIDING FOR APPEAL PROCEDURES EJC:ar 12/6/85 WHEREAS, the City of Santa Ana (hereinafter referred to aS "Agency") is a contracting agency of the' Public Employees' Retire- ment System; and WHEREAS, Government Code Section 21034 provides that the governing body of a contracting agency may delegate authority or duty imposed or conferred by Title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government Code (commencing with Section 21020) to a subordinate officer subject to such conditions as may be im- posed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council does hereby delegate to the City Manager the authority or duty conferred on the governing body by title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government Code (commencing with Section 21020) pursuant to Section 21034 of the Government Code. 2. Any person who has received an adverse determination by the City Manager under this resolution may appeal to the City Council, pursuant to the provisions of Chapter 3 of the Santa Ana Municipal Code, provided, however, the notice of appeal shall be accompanied by a fee in the amount of Three Hundred Dollars ($300.00) to defray, in part, the cost of hearing such appeal. City Manager of all costs Any person who appeals an adverse determination by the under this resolution shall be responsible for payment associated with such appeal. tendered refunded 4. If the costs of such appeal are less than the amount pursuant to paragraph 2 above, the difference shall be to the appellant at the conclusion of the appeal. RESOLUTION NO. PAGE TWO 85- 157 5. If the costs of such appeal are in excess of the amount tendered pursuant to paragraph 2 above, the appellant shall pay such excess costs upon demand. 6. "Costs" as used in this resolution shall include, but not be limited to, hearing officer fees and reporter fees. 7. Resolution No. 74-6 is hereby repealed. ADOPTED this ]7t% day of December , 1985. ATTEST: ~Clerk of the Coun~i~ Daniel E Mayor COUNCILMEMBERS: Griset Absent Johnson Aye Acosta Hart Aye Luxemb ourger McGuigan ~nt Young APPROVED AS TO FORM: