HomeMy WebLinkAbout09 DISABILITY D. FRANKS 08-04-9DATE:
JULY 29, 1997
NO. 9
/8'4-97
I ter-ComI)
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PERSONNEL SERVICES
DISABILITY RETIREMENT OF WILLIAM DOUGLAS FRANKS
SUMMARY: APPROVE RESOLUTION NO. 97-78 FINDING AND DETERMINING
THE INDUSTRIAL DISABILITY RETIREMENT OF W. DOUGLAS FRANKS.
RECOMMENDATION:
That the City Council approve Resolution No. 97-78 adopting and certifying to the
Public Employees Retirement System the determination of the Retirement Review
Board that W. Douglas Franks is eligible for an .industrial disability retirement.
FISCAL IMPACT:
The major impact will be on long term rates paid to the Public Employees Retirement
System but it should be minimal and no more than the cost of a service retirement.
Immediate costs will be advancing disability retirement until PERS begins making
disability retirement payments to Mr. Franks. If it takes six months for PERS to place
Mr. Franks on the retirement roll, the City will have spent $7,072.00 in advance
disability which will ultimately be repaid by the Public Employees Retirement System.
BACKGROUND:
Mr. Franks has been the Chief of Police with the City of Tustin since August 1, 1989.
Through the Workers Compensation system, an agreed medical examiner found
hypertension and hypertensive cardiovascular disease as a result of and in the course
of his employment. Medical records and other evidence were reviewed by the
Retirement Review Board who determined that he is disabled from performing as Chief
of Police for the City of Tustin. The agreed medical examiner also found him to be
permanent and stationary and he is being retired effective August 1, 1997, and will
TO: WILLIAM A. HUSTON
RE: DISABILITY RETIREMENT OF W. DOUGLAS FRANKS
Page 2
be advanced disability retirement payments by the City until such time as the Public
Employees Retirement System begins payment of his retirement. When this occurs,
the City will be reimbursed by PERS all amounts advanced in disability retirement to
Mr. Franks.
Bettie Correa
Senior Personnel Analyst
BMC6:RES97-78.RPT
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RESOLUTION NO. 97-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
INDUSTRIAL DISABILITY OF W. DOUGLAS FRANKS
The City Council of the City of Tustin hereby resolve as follows:
WHEREAS, the City of Tustin is contracting agency of the
Employees' Retirement System;
Public
WHEREAS, the Public Employees' Retirement Law requires that a
contracting agency determine whether an employee of such agency who is in a
position of employment in which he 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 disability retirement of W. Douglas Franks
employed by the City of Tustin in the position of Chief of Police has been filed
by the City with the Public Employees' Retireinent System; and
WHEREAS, W. Douglas Franks was found permanent and stationary by the
agreed medical exmniner, Dr. Alvin Markovitz on May 15, 1997; and
WHEREAS, the Retirement Review Board of the City of Tustin, California,
has reviewed the medical and other evidence relevant to such alleged disability and
found W. Douglas Franks to be disabled from performing the duties of Chief of
Police;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Tustin, California, does hereby find and determine effective as of August
1, 1997, that W. Douglas Franks is disabled within the meaning of Government
Code Section 21156, frown performing the duties of Chief of Police and that such
disability is a result of injury or disease arising out of and in the course of said
employment and;
BE IT FURTHER RESOLVED, that a petition will be filed with the
WOrkers Compensation Appeals Board for determination pursuant to Section
21166, Government Code; and a copy of such determination will be provided
when rendered;
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AND BE IT FURTHER RESOLVED, that for PERS retirement purposes,
the member was separated from his employment in the position of Chief of Police
effective August 1, 1997, per the finding and determination of the Retirement
Review Board.
There is not a possibility of third party liability.
Advanced disability pension payments will be made every other week in the
amount of $544, beginning August 21, 1997.
The primary disabling condition is hypertension and hypertensive
cardiovascular disease.
Mr. Franks shall be notified of this decision and of his right to request an
appeal hearing within thirty (30) days of the date of ~nailing the notice of this
decision. The notice shall be sent by certified mail, return receipt requested.
The appeal hearing shall be conducted by an administrative law judge who
shall have the power to issue findings and a recommendation, subject to the City
Council's right to concur or disagree 'with the judge's recommendation in ~naking
its final decision on the matter.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 4th day of August, 1997.
Jeffery M. Thomas, Mayor
Para Stoker, City Clerk