HomeMy WebLinkAboutCC RES 09-69RESOLUTION 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.
Resolution 09-69
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 1st day of December, 2009.
ATTEST:
Pame a toker,
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. 09-69 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day
of Decemebr, 2009, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ra ELA STOKER,
City Clerk
Davert, Amante, Gavello, Nielsen, Palmer (5)
None (~)
None (~)
None (0)
Resolution 09-69
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