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Home My WebLink AboutOrdinance 2783 N.C.S. 07/12/2021 Ordinance No. 2783 N.C.S. Page 1 EFFECTIVE DATE OF ORDINANCE August 11, 2021 ORDINANCE NO. 2783 N.C.S. Introduced by: Kevin McDonnell Seconded by: D’Lynda Fischer ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF CHAPTER 1.18 OF THE MUNICIPAL CODE – CLAIMS AGAINST THE CITY ESTABLISHING SETTLEMENT AUTHORITY FOR THE CITY’S WORKERS’ COMPENSATION PROGRAM. WHEREAS, The City of Petaluma is self-insured for Workers’ Compensation; and WHEREAS, the Workers’ Compensation insurance industry is regulated by the State of California, Department of Industrial Relations; and WHEREAS, the State of California, Labor Code Sections 5000 through 5106 and Labor Code Section 5702 establishes regulations for settlement of Workers’ Compensation claims by stipulations or compromise and release; and WHEREAS, the City of Petaluma must authorize settlement authority of claims through the workers’ compensation claim process; and WHEREAS, the City of Petaluma does not have established settlement authority for the City Manager, Human Resources Director, nor the Risk Manager; and WHEREAS, the proposed ordinance establishes settlement authority for the City Manager, Human Resources Director and/or the Risk Manager; and WHEREAS, the proposed amendments will ensure that workers’ compensation claims get settled expeditiously; and WHEREAS, The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that establishing settlement authorities for claims does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and WHEREAS, if the action did constitute a “project” under CEQA the proposed action is exempt under the common-sense exemption, CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed action could have a significant impact on the environment. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma as follows: DocuSign Envelope ID: E8A11602-9EAA-4CEF-9679-ED0DFD70C496 Ordinance No. 2783 N.C.S. Page 2 Section 1: Findings. The above recitals are hereby declared to be true and correct and are incorporated into this ordinance as findings of the City Council. Section 2: Exemption from CEQA. Finds that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that establishing settlement authorities for claims does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and relatedly, if the action did constitute a “project” the proposed action is exempt under the common-sense exemption, CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed action could have a significant impact on the environment. Section 3. Amendment to Title. The Title of Chapter 1.18 of the Petaluma Municipal Code is here amended to read as follows: Chapter 1.18 Government and Workers’ Compensation Claims Against City Section 4. Addition of Section 1.18.050. Section 1.18.050 of the Petaluma Municipal code is hereby added to read as follows: 1.18.050 Workers Compensation Claims. In order to promote prompt and efficient settlement of these claims without undue delay and to avoid the imposition of sanctions against the City by the Workers Compensation Appeals Board: A. The city manager is hereby authorized to execute compromise and release settlements of workers' compensation claims against the city in any case in which the amount to be paid does not exceed fifty thousand dollars in discretionary settlements and can delegate that authority. B. The risk manager or human resources director is hereby authorized to execute compromise and release settlements of workers' compensation claims against the city in any case in which the amount to be paid does not exceed ten thousand dollars in discretionary settlements. The risk manager or human resources director have authority to approve all non-discretionary stipulated findings and award. C. For all workers compensation claims not able to be settled pursuant to Subsections A or B of this Section, the City Council will discuss in closed session, together with a recommendation that such claim be approved, compromised, further investigated, or denied. The Council shall take such action upon the claim as it deems appropriate. D. The risk manager will provide to the City Council semi-annual reports showing all settled workers compensation claims (whether stipulated findings and award or compromise and release). Section 5. Addition of Section 1.18.060. Section 1.18.060 of the Petaluma Municipal code is hereby added to read as follows: 1.18.060 Industrial Disability Retirements. The City Council of the City of Petaluma does hereby delegate to the city manager, authority to make applications on behalf of the Contracting Agency pursuant to Government Code section 21152(c) for DocuSign Envelope ID: E8A11602-9EAA-4CEF-9679-ED0DFD70C496 Ordinance No. 2783 N.C.S. Page 3 disability retirements of all eligible employees and to initiate requests for reinstatement of such employees who are retired for disability. The City Council of the City of Petaluma, does hereby delegate to the city manager, authority to make determinations of disability on behalf of the Contracting Agency under Government Code section 21156 and determine whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees’ Retirement System. Section 6. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 7. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the City Council in accordance with Article XII, Section 76A of the Petaluma Charter. Section 8. Repeal. The City Council may repeal this ordinance by duly adopted resolution upon finding that the conditions warranting the enactment of this ordinance no longer apply in the city. Section 9. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. INTRODUCED and ordered posted/published this 21st day of June 2021. Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, King, McDonnell, Pocekay Noes: None Abstain: None Absent: None ADOPTED this 12th day of July 2021 by the following vote: Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, McDonnell, Pocekay Noes: None Abstain: None Absent: King Teresa Barrett, Mayor ATTEST: APPROVED AS TO FORM: Kendall Rose, CMC, City Clerk Eric Danly, City Attorney DocuSign Envelope ID: E8A11602-9EAA-4CEF-9679-ED0DFD70C496