Terminating the Employment Relationship

execute a release of medical information. The agency may then obtain the necessary medical records.

The agency will also want to review the job description, as well as communicate with the member’s supervisor and other available resources to gain a complete understanding of the member’s usual duties. d. Can We Ask the Member to Submit to a Medical Examination? The contracting agency may order a medical examination of the member to determine if he or she is qualified for a disability retirement. 259 If the agency requests that the member submit to a medical examination and the member is required to travel more than 50 miles one way, the member shall be entitled to reimbursement for expenses of transportation, meals and lodging incident to the examination. “Expenses of transportation” means the member’s mileage fees (and tolls) from his or her home to the place of the examination and back, up to a maximum of 300 miles round trip if the member uses his or her private transportation. 260 e. Does My Governing Board Have to Make the Determination? Generally, the governing board (e.g. city council, board of supervisors, etc.) must be the body that makes the determination as to whether a local safety member is substantially incapacitated from the performance of his or her usual job duties. However, the governing body may delegate its authority to a subordinate officer subject to any conditions it may impose (e.g. city manager, county administrative officer, civil service commission, etc.) 261 If the contracting agency chooses to delegate this authority, it must do so by ordinance or resolution. f. The Information Has Been Gathered, Now What? Once the agency receives relevant medical records and, when requested, results of any medical examination, the matter should be set on the agenda for the governing body’s regular or special meeting so that the governing body may make a determination. If the governing body has delegated the decision to a subordinate officer, the officer will make the decision without an agenda item for the governing body’s consideration. If the item is placed on the governing body’s agenda, an administrative officer should prepare a recommendation to the governing body based upon the review of all information. The matter should be considered in closed session, since it will involve the discussion of a personnel matter, as well as discussion of private medical information. 262 The member may address the governing body during the public comment portion prior to the closed session, or in closed session. The member is not entitled to remain in the closed session after addressing the governing body and while the governing body is considering its decision.

The action of the governing body may be taken in open session by an open vote. 263

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 74