HomeMy WebLinkAboutCC RES 15-41RESOLUTION NO. 15-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT BRIAN MIALI, A
LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED
FROM HIS DUTIES AS A POLICE OFFICER
WHEREAS, the City of Tustin (hereinafter referred to as Agency) is a contracting
agency of the California Public Employees' Retirement System (CaIPERS); and
WHEREAS, the California Public Employees' Retirement Law (PERL) 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 PERL and whether such disability is "industrial" within the meaning of
such law; and
WHEREAS, an application for the industrial disability retirement of Brian Miali,
employed by the Agency in the position of Police Officer, has been filed with CaIPERS;
and
WHEREAS, the City of Tustin 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 does hereby find and determine that Brian Miali is incapacitated within the
meaning of the PERL from performing his usual and customary duties in the position of
Police Officer; and
BE IT FURTHER RESOLVED that the City of Tustin 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 Brian Miali nor the Agency has applied to the
Workers' Compensation Appeals Board for a determination pursuant to Section 21166
whether such disability is industrial; and
BE IT FURTHER RESOLVED that the member will be separated from his
position of Police Officer after expiration of his rights under Section 21164, Government
Code, and that no dispute as to the expiration of such leave rights is pending. His last
day on paid status was May 13, 2015 and his retirement will be effective May 14, 2015.
There is not a possibility of third party liability. Advanced Disability Pension Payments
will be made. The primary disabling condition is orthopedic.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 215` day of July 2015.
Resolution No. 15-41
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CHARLES E. PUCKETT,
Mayor
ATTEST:
&'4�2
JEFFRE%rC. PARKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, 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. 15-41 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2151 day of
July 2015, by the following vote:
COUNCILPERSONS AYES: Puckett, Nielsen, Murray. Bernstein (4)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: Gomez (1)
JEFFREY C. PARKER,
City Clerk
Resolution No. 15-41
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