HomeMy WebLinkAbout06 IND DIS RETIREMNT-P. KILGORE 04-21-09
MEETING DATE
TO:
FROM:
SUBJECT:
AGENDA REPORT
APRIL 21, 2009
WILLIAM A. HUSTON, CITY MANAGER
Agenda Item 6
Reviewed:
City Manager
Finance Director N/A
KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF PATRICK KILGORE
RECOMMENDATION:
Adopt Resolution No. 09-20 finding that Police Officer Patrick Kilgore is industrially disabled
from performing the duties of his position.
FISCAL IMPACT:
None.
BACKGROUND AND DISCUSSION:
Police Officer Patrick Kilgore was injured on the job on March 6, 2006 while engaged in a
physical altercation with a suspect. He has been receiving worker's compensation benefits since
that time, undergoing multiple knee 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 preclude running, jumping, pivoting or twisting
activities as well as forceful activities involving the right knee. These work restrictions disable
him from performing the full range of duties as a Police Officer. 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.
Patrick Kilgore has been employed by the City of Tustin for approximately 16 years as a Police
Officer. Mr. Kilgore 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 09-20
Resolution No. 09-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTiN,
CALIFORNIA FINDING THAT PATRICK KILGORE, A LOCAL SAFETY MEMBER, IS
INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER.
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 Patrick Kilgore employed by the
Agency in the position of Police Officer 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 Patrick Kilgore is incapacitated within
the meaning of the Public Employee's Retirement Law for performance of his duties in the
position of Police Officer; 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 Patrick Kilgore 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 Officer after expiration of his rights under Section 21164, Government
Code, effective April 21, 2009 and that no dispute as to the expiration of such leave rights is
pending. His last day on pay status is Apri121, 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 21st day of April, 2009.
DOUG DAVERT, MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK