HomeMy WebLinkAboutCC RES 94-1261
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RESOLUTION NO. 94-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA RELATING TO THE APPLICATION FOR DISABILITY
RETIREMENT BY RUSSELL WHITEHEAD.
WHEREAS, the City of Tustin 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 is classified as a local safety member is disabled
for purposes of the Public Employees's Retirement Law and if so,
whether such disability is "industrial" within the meaning of such Law;
WHEREAS, an application for disability retirement of Russell Whitehead
employed by the City of Tustin in the position of Police Officer has been
filed with the Public Employees' Retirement System; and
WHEREAS, pursuant to the City's Personnel Rules and Regulations ,the
Retirement Review Board has met, reviewed the medical evidence and
determined that Russell Whitehead is not disabled for purposes of the
Public Employees' Retirement Law for performance of his duties in the
position of Police Officer.
NOW THEREFORE, BE IT RESOLVED:
1. That the City Council finds and determines, based on the
Retirement Review Board decision, that Russell Whitehead is not
incapacitated within the meaning of the Public Employees'
Retirement Law for performance of his duties in the position of
Police Officer.
2. Mr. Whitehead shall be notified in writing of this decision and of
his right to request an appeal hearing within thirty (30) days of the
date of mailing of the notice. The notice shall be sent by certified
mail, return receipt requested.
3. The appeal hearing shall be conducted by an Administrative Law
Judge who shall have the power to determine the matter, subject
to the City Council's right to concur or disagree with the judge's
decision.
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4. Upon the final decision of the City Council, Mr. Whitehead shall
be notified by certified mail, return receipt requested; and shall be
advised of his thirty (30) day statute of limitations to bring a writ
of administrative mandamus pursuant to Government Code
Section 11523.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 21st day of November, 1994.
..:~
Thomas R. Sal elli, Mayor
ar E. Wynn, City Clerk
STATE OF CALIFORNIA}
COUNTY OF ORANGE }SS
CITY OF TUSTIN }
CERTIFICATION FOR RESOLUTION NO. 94-126
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the who number of the
members of the City Council if five; that the above and foregoing
Resolution was duly and regularly passed and adopted at a regular
meeting of the City Council held on the 21st day of November, 1994 by
the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas, Worley
COUNCILMEMBER NOES None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT None
l~
E. Wynn, City Clerk
BMC3:WHITEHED.RES