HomeMy WebLinkAboutCC RES 16-52 RESOLUTION NO. 16-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT GENTRY MAYFIELD, 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 Gentry
Mayfield, 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 Gentry Mayfield 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 injuryor disease arising out of and in the course
of employment. Neither said Gentry Mayfield 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 voluntarily separated from his
position of Police Officer prior to the 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 October 2, 2015 and his retirement date was October 3,
2015. There is no possibility of third-party liability. Advanced Disability Pension Payments
were not made, as the member filed for a Service Retirement Pending Industrial Disability
Retirement. The primary disabling condition is orthopedic.
Resolution 16-52
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held
on the 20th day of September 2016.
JOHN NIELSEN,
Mayor
ATTEST:
E ICA N. RABE,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITYOF TUSTIN )
I, Erica N. Rabe, 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. 16-52 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 20th day of
September 2016, by the following vote:
COUNCILMEMBER AYES: Nielsen, Bernstein, Gomez, Murray, Puckett (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
#1 �k I/
ERI A N. RABE,
City Clerk
Resolution 16-52
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