HomeMy WebLinkAboutCC RES 92-099 1
2
5
6
7
8
9
10
11
12
15
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
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 'Dustin 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 'Dustin, 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 Js 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, 1.990.
1
4
5
6
7
8
9
10
11
12
15
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 92-99
Page 2
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this 21st day of September, 1992.
LESLIE ANN/E PONTIOUS, Mayor
ATTEST:
MARY E. , Ci . rk
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
RESOLUTION NO. 92-99
MAltY 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
21st day of Sept. , 19 92, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES: None
COUNCILPERSONS ABSTAINED: None
COUNCILPERSONS ABSENT: None
Pontio.s, Potts, Puckett, Saltare]li, '[homas
MARY E. ~YNN, Ci~_ Clerk
Published: N/A