HomeMy WebLinkAbout13 DISABILITY APPL. 11-21-94NO. 13
11-21-94
)ATE:
NOVEMBER 3, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PERSONNEL SERVICES
DISABILITY APPLICATION FOR RUSSELL WHITEHEAD
Russell J. Whitehead, former police officer with the City of Tustin has filed an application with
thc Public Employees Retirement System (PERS) for an industrial disability retirement.
Government Code Section 21024 and 21025 requires that the governing body of the applicable
government agency make the determination if the applicant safety employee is disabled and if
applicant safety employee is found to be disabled, whether that disability is industrial.
The City's Rules and Regulations provide that, with respect to safety employees, the
determination of disability and whether such disability was industrially caused, shall be 'made
by the Retirement Review Board. City Rules and Regulations also state that the Retirement
Review Board consists of the City Manager, the Finance Director, and a third Department Head
designated by the City Manager. The City Attorney' Office, acting as legal advisor, has
reviewed the situation and advised that the City follow its own rules and convene to deal with
the Retirement Review Board to make the determination and submit the determination to the City
Council for adoption and certification to the Public Employees' Retirement System Board.
The Retirement Review Board was convened, reviewed the medical documentation provided by
this office and determined that Russell J. Whitehead is not incapacitated for the performance of
the substantial duties of Police Officer.
Resolution No. 94-126 is presented for adoption to fulfill the Government Code section cited
above in the form required by the Public Employees' Retirement System. Mr. Whitehead and
his attorney will be notified of this action as they will then have the right to request an
evidentiary hearing with an Administrative Law Judge whose decision will be advisory.
Bettie Correa
Senior Personnel Analyst
BMC3:~C.RPT
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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:
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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.
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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.
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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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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 (3..0) 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. Saltarelli, Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA}
COUNTY OF ORANGE }SS
CITY OF TUSTIN }
CERTIFICATION FOR RESOLUTION NO. 94-1 26
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:
COUNClLMEMBER NOES
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT
Mary E. Wynn, City Clerk
BMC3:WHITEHED.RES