HomeMy WebLinkAboutCC RES 09-03RESOLUTION 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.
Resolution No. 09-03
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 6th day of January, 2009.
DOUG DA~/~RT,
Mayor II
ATTEST:
PA STOKEf~
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Resolution No. 09-03 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 6t" day of January, 2009
by the following vote:
COUNCILMEMBER AYES: Davert, Amante, Gavello, Nielsen, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA TOKER,
City Clerk
Resolution No. 09-03
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