HomeMy WebLinkAbout03 SUSAN NUNLEY INDUSTRIAL DISABILITY RETIREMENTAgenda Item 3
Reviewed
AGENDA REPORT City Manager
Finance Director
MEETING DATE: SEPTEMBER 18, 2012
TO: JEFFREY C. PARKER. CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF SUSAN NUNLEY
RECOMMENDATION:
Adopt Resolution No. 12 -80 finding that Police Officer Susan Nunley is industrially disabled from
performing the duties of her position.
FISCAL IMPACT:
None.
BACKGROUND AND DISCUSSION:
Police Officer Susan Nunley reported experiencing a cardiovascular condition on September 21,
2011. Cardiovascular conditions are presumed work - related under California workers'
compensation law for Police Officers. Officer Nunley has been completely off work since
September 21, 2011. An Agreed Medical Examiner (AME) has indicated she will have
permanent work restrictions, one of which precludes her from working under stressful work
conditions. These work restrictions disable her from performing the full range of duties as a
Police Officer. Staff agrees with this finding.
As members of the California Public Employees' Retirement System (CaIPERS), 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.
Officer Nunley has been employed by the City of Tustin for approximately 13 years as a Police
Officer. An application for retirement is being submitted pending your finding that she is
industrially disabled. Upon City Council adoption of the attached resolution staff will send the
resolution to CalPERS to certify her industrial disability retirement.
12,
risti Recchia
Director of Human Resources
Attachment: Resolution 12 -80
RESOLUTION NO. 12 -80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA FINDING THAT SUSAN NUNLEY, A
LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED
FROM HER DUTIES AS A POLICE OFFICER.
WHEREAS, the City of Tustin (hereinafter referred to as Agency) is a contracting
agency of the Public Employees' 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 Employees'
Retirement Law and whether such disability is "industrial" within the meaning of such
law;
WHEREAS, an application for industrial disability of Susan Nunley employed by
the Agency in the position of Police Officer has been filed with the Public Employees'
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 Susan Nunley is
incapacitated within the meaning of the Public Employees' Retirement Law for
performance of her 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 Susan Nunley nor the Agency has
applied to the Workers' 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 her
employment in the position of Police Officer after expiration of her rights under Section
21164, Government Code, effective September 21, 2012 and that no dispute as to the
expiration of such leave rights is pending. Her last day on pay status is September 20,
2012.
There is not a possibility of third party liability.
Advanced disability pension payments will be made.
The primary disabling condition is cardiovascular.
Resolution 12 -80
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PASSED AND ADOPTED by the City City Council of the City of Tustin, at a
regular meeting on the 18th day of September, 2012.
JOHN NIELSEN,
Mayor
ATTEST:
PAMELA STOKER,
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. 12 -80 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of
September 2012, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 12 -80
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