HomeMy WebLinkAboutCC 9 DAMIANO RETIRE 09-21-92CONSENT CALENDAR NO. 9
-� 9-21-92
G N DA
Inter - Com
JATE: SEPTEMBER 16, 1992
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: WILLIAM A. HUSTON, CITY MANAGER
SUBJECT: CHARLES DAMIANO; DISABILITY RETIREMENT
RECOMMENDATION
That the City Council find and determine that Charles Damiano is
disabled and incapacitated within the meaning of Public Employees'
Retirement Law for performance of his duties in the position of police
officer and that such disability is a result of injury or disease
arising out of or in the course of his employment, and, accordingly
adopt the attached Resolution.
BACKGROUND
Charles Damiano left his position of police officer in February 1990.
He filed an application for disability retirement with the Public
Employees' Retirement System. The City has reviewed the medical
evidence and concurs that Mr. Damiano is disabled and therefore unable
to perform the duties of police officer. The attached Resolution
includes a finding that Mr. Damiano is incapacitated within the meaning
of the Public Employees' Retirement Law.
WAH
Attach ent
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RESOLUTION NO. 92-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING
THE INDUSTRIAL DISABILITY OF CHARLES DAMIANO
The City Council of the City of Tustin hereby resolve as
follows:
WHEREAS, the City of Tustin is a contracting agency of the
Public Employees' Retirement System;
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 Charles
Damiano employed by the City of Tustin in the position of police
officer has been filed with the Public Employees' Retirement
System; and
WHEREAS, the City Council of the City of Tustin, California,
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, California, find and determine, and it does hereby
find and determine, that Charles Damiano is incapacitated within
the meaning of the Public Employees' Retirement Law for performance
of his duties in the position of police officer; and
BE IT FURTHER RESOLVED, that the City Council of the City of
Tustin, California, 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 said employment and neither
said Charles Damiano nor the City of Tustin has applied to the
Worker's Compensation Appeals Board for a determination pursuant to
Section 21023.6 whether such disability is industrial. In making
this finding, however, the City reserves the right to raise such
issues at a later date should evidence so warrant, and the City
further reserves the right to seek apportionment of permanent
disability benefits under worker's compensation laws should the
facts so warrant. The last day Charles Damiano will be on the
City's payroll is February 14, 1990.
JGR: jab: R1:082092(A211.jab)
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Resolution No. 92-99
Page 2
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of , 1992.
LESLIE ANNE PONTIOUS, Mayor
ATTEST:
MARY E. WYNN, City Clerk
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
RESOLUTION NO.
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does 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 was passed
and adopted at a regular meeting of the City Council held on the
day of 19 by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Published:
MARY E. WYNN, City Clerk