For City Council Meeting [September 14, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Stephen Erlandson, Deputy City Manager
Title
Request City Council to Adopt Resolution No. 7769 Approving the Industrial Disability Retirement of Robert J. Smith.
Body
BACKGROUND
Robert J. Smith was originally hired with the City as a Police Officer from February 17, 1998 to January 4, 2003, rehired as a Police Officer on June 6, 2005, promoted to Police Corporal on August 19, 2007, promoted to Police Sergeant on January 29, 2012, then promoted to Police Lieutenant on January 10, 2016.
Smith has two (2) active workers’ compensation claims that have been accepted and determined to have arose out of employment. Claim No. 1992900002 was accepted for the lower back and Agreed Medical Evaluator (AME), Dr. Jeffrey Berman, concluded Smith has a permanent disability rated at 39% impairment.
Claim No. 1992900031 was accepted as a cumulative trauma (CT) to the heart and Agreed Medical Evaluator (AME), Dr. Jeffrey Hirsch, determined Smith had a permanent disability rated at 53% impairment.
On November 19, 2020, Dr. Donald Kim, M.D was asked to perform a Fitness for Duty for Smith, which was completed on December 18, 2020. According to Dr. Donald Kim’s Fitness for Duty Evaluator’s report, he determined Smith has a physical condition that impairs his ability to perform his essential functions as a Police Lieutenant and poses a significant risk of substantial harm to himself and to his workforce partners.
ANALYSIS/DISCUSSION
An industrial disability means that you are unable to perform the usual duties of your job with your current employer because of a job-related injury or illness that is expected to be permanent or last indefinitely. To qualify for an Industrial Disability Retirement (IDR) there is no minimum service or age requirements. The City’s contract with CalPERS allows that only public safety members (local safety members) are eligible for an Industrial Disability Retirement (IDR).
In this case, Robert J. Smith applied for an Industrial Disability Retirement (IDR) based upon medical findings that he was substantially incapacitated in the performance of his essential functions as a Police Lieutenant. The medical information and relevant documents related to Smith’s disability retirement application have been reviewed by staff and establishes that he is incapacitated within the meaning of CalPERS disability retirement law and that his disability is industrial. Staff is in full agreement with the Industrial Disability Retirement application.
ENVIRONMENTAL IMPACT
This request is not a Project as defined by Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Pursuant to Section 15378 (b) (5) a project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
This action is consistent with Guiding Principle 3A in the General Plan:
“Our City government will lead by example, and will operate in an open, transparent, and responsible manner that meets the needs of the citizens and is a good place to do business.”
LEGAL REVIEW:
The City Attorney has reviewed and supports this staff report and drafted the attached Resolution.
FINANCIAL IMPACT:
Operating Budget Impact
This action has no impact on the operating budget. Any payments made to Robert Smith made since the effective date of retirement shall be requested for credit from CalPERS.
Capital Budget Impact:
This action has no impact on the Capital Budget.
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution approving the Industrial Disability Retirement (IDR) application with CalPERS for Robert J. Smith, effective September 21, 2021.