HomeMy WebLinkAbout07 DISABILITY RETIREMENT-PARLOR 12-01-09Agenda Item 7
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MEETING DATE: DECEMBER 1, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE DISABILITY RETIREMENT OF JAMES
PARLOR
RECOMMENDATION:
Adopt Resolution No. 09-69 finding that Police Officer James Parlor is disabled from performing
the duties of his position.
FISCAL IMPACT:
None.
BACKGROUND AND DISCUSSION:
Police Officer James Parlor went off work on a non-industrial medical leave beginning
December 9, 2008, and has been unable to return. On October 15, 2009 he attended a fitness
for duty evaluation and was found not fit to return to work as a Police Officer. Under the
Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), the
City initiated an interactive discussion with Officer Parlor to determine if any reasonable
accommodation could be made that would allow him to return to work. Two positions were
identified as potential transfers and the Classification Specifications were sent to the fitness for
duty evaluator for a determination as to his fitness to perform the duties of either of the
proposed positions (Police Fleet Coordinator and Police Services Officer I). On November 11,
2009 the doctor found that Officer Parlor is not fit for either of the potential transfer positions.
Since Officer Parlor has been found not fit for his position as a Police Officer and also for either
of the potential transfer positions, we have agreed that a disability retirement is appropriate at
this time.
Officer Parlor filed a workers' compensation claim related to his medical leave on April 3, 2009.
The workers' compensation claim was denied on June 24, 2009. Ultimate determination as to
industrial causation will likely be made by a Workers' Compensation Judge, as the case is
currently in litigation. Should a Workers' Compensation Judge ultimately find Officer Parlor's
injury to be work-related, this disability retirement would be converted to an industrial disability
retirement.
As members of the California Public Employee's Retirement System, local safety employees
can be granted 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.
Upon City Council adoption of the attached resolution staff will send the resolution to CaIPERS
to certify his disability retirement.
Kristi Recchia
Director of Human Resources
Attachment: Resolution 09-69
Resolution No. 09-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA FINDING THAT JAMES PARLOR, A LOCAL SAFETY MEMBER, IS
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 disability retirement of James Parlor 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 James Parlor 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 not a result of injury or disease arising out
of and in the course of employment; and
BE IT FURTHER RESOLVED THAT A PETITION will be filed with the Workers'
Compensation Appeals Board for a determination pursuant to Section 21166, Government Code;
and a copy of such determination will be provided when rendered; and
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 December 1, 2009 and that no dispute as to the expiration of such leave rights is
pending. His last day on pay status was March 16, 2009.
There is not a possibility of third party liability.
Advanced disability pension payments will not be made.
The primary disabling condition is psychological. The member is competent to act on his own
behalf in legally binding retirement matters.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 1st day of December, 2009.
DOUG DAVERT, MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK