HomeMy WebLinkAboutCC RES 12-80RESOLUTION 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;
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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 Council of the City of Tustin at a regular
meeting on the 18th day of September, 2012. 11
JOHN NIELSEN
Mav r
ATTEST:
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
1, 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:
COUNCILMEMBERS AYES:
COUNCILMEMBERS NOES:
COUNCILMEMBERS ABSTAINED
COUNCILMEMBERS ABSENT:
11A
PAMELA STOKE
City Clerk
Nielsen, Murray, Amante, Gavell1o, Gomez (5)
None (0)
None (0)
None
(0)
Resolution 12-80
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