HomeMy WebLinkAbout06 DISABILITY RETIREMENT OF DOUGLAS FINNEY 01-06-09Agenda Item 6
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i~'~``~ ., Reviewed:
AGENDA REPORT City Manager
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MEETING DATE: JANUARY 6, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF DOUGLAS FINNEY
RECOMMENDATION:
Adopt Resolution No. 09-03 finding that Police Sergeant Douglas Finney is industrially disabled
from performing the duties of his position.
FISCAL IMPACT:
None.
BACKGROUND AND DISCUSSION:
Police Sergeant Douglas Finney was injured on the job on February 24, 2006. He has been
receiving worker's compensation benefits since that time, undergoing two back surgeries. His
condition has not yet reached maximum medical improvement, however the medical findings
have remained unchanged for an extended period of time. His work restrictions continue to
disable him from performing the full range of duties as a Police Sergeant. Staff agrees with this
finding.
As members of the California Public Employee's Retirement System, local safety employees
can be granted industrial disability retirements when the governing body of the agency adopts a
resolution finding and determining that the employee is industrially disabled from his/her
position.
Douglas Finney has been employed by the City of Tustin for over 18 years. He has served as
Police Sergeant since 1998. Mr. Finney has submitted an application for retirement pending
your finding that he is industrially disabled.
Upon City Council adoption of the attached resolution staff will send the resolution to CaIPERS
to certify his industrial disability retirement.
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Kristi Recchia
Director of Human Resources
Attachment: Resolution 09-03
Resolution No. 09-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING
THAT DOUGLAS FINNEY, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS
DUTIES AS A POLICE SERGEANT.
WHEREAS, the City of Tustin (hereinafter referred to as Agency) is a contracting agency of the Public
Employee's Retirement System;
WHEREAS, the Public Employee's Retirement Law requires that a contracting agency determine
whether an employee of such agency in employment in which he/she is classified as a local safety member is
disabled for purposes of the Public Employee's Retirement Law and whether such disability is "industrial"
within the meaning of such law;
WHEREAS, an application for industrial disability of Douglas Finney employed by the Agency in the
position of Police Sergeant has been filed with the Public Employee's Retirement System; and
WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged
disability;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin find and determine
and it does hereby find and determine that Douglas Finney is incapacitated within the meaning of the Public
Employee's Retirement Law for performance of his duties in the position of Police Sergeant; and
BE IT FURTHER RESOLVED THAT THE City of Tustin find and determine and it does hereby find
and determine that such disability is a result of injury or disease arising out of and in the course of employment.
Neither said Douglas Finney nor the Agency has applied to the Worker's Compensation Appeals Board for a
determination pursuant to Section 21166 whether such disability is industrial.
BE IT FURTHER RESOLVED that the member will be separated from his employment in the position
of Police Sergeant after expiration of his rights under Section 21164, Government Code, effective January 6,
2009 and that no dispute as to the expiration of such leave rights is pending. His last day on pay status is
January 6, 2009.
There is not a possibility of third party liability.
Advanced disability pension payments will be made.
The primary disabling condition is orthopedic.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 6`" day
of January, 2009.
ATTEST:
DOUG DAVERT, MAYOR
PAMELA STOKER
CITY CLERK