HomeMy WebLinkAbout09 DISABILITY FOR J. PEERY 05-01-07~:~4,:
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AGENDA REPORT
Agenda Item 9
Reviewed:
City Manager
Finance Director N/A
MEETING DATE: MAY 1, 2007
T0: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF JAMES PEERY
RECOMMENDATION:
Adopt Resolution No. 07-43 finding that Police Lieutenant James Peery is industrially disabled
from performing the duties of his position
FISCAL IMPACT:
None.
BACKGROUND AND DISCUSSION:
Police Lieutenant James Peery was injured on the job on March 15, 2006. He has been
receiving worker's compensation benefits since that time. His condition has reached maximum
medical improvement and the medical finding states that his work restrictions/limitations disable
him from performing the full range of duties as a Police Lieutenant. Staff agrees with this finding.
As members of the California Public Employee's Retirement System, local safety employees
can be granted industrial disability retirements when the governing body of the agency adopts a
resolution finding and determining that the employee is industrially disabled from his/her
position.
Jamey Peery has been employed by the City of Tustin for over 26 years. He has served as
Police Lieutenant since 2000. Mr. Peery has submitted an application for retirement pending
your finding that he is industrially disabled.
Upon City Council adoption of the attached resolution staff will send the resolution to CaIPERS
to certify his industrial disability.
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Kristi Recchia
Director of Human Resources
Attachment: Resolution 07-43
S:1City Council Agenda Items120071Agenda ReportJames Peery Retirement.doc
Resolution No. 07-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA FINDING THAT .JAMEY PEERY, A LOCAL SAFETY MEMBER, IS
INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE LIEUTENANT.
WHEREAS, the City of Tustin (hereinafter referred to as Agency) 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/she is classified as a
local safety member is disabled for purposes of the Public Employee's Retirement Law and
whether such disability is "industrial" within the meaning of such law;
WHEREAS, an application industrial disability of James Peery employed by the Agency
in the position of Police Lieutenant has been filed with the Public Employee's Retirement
System; and
WHEREAS, the City Council 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 find
and determine and it does hereby find and determine that James Peery is incapacitated within the
meaning of the Public Employee's Retirement Law for performance of his duties in the position
of Police Lieutenant; and
BE IT FURTHER RESOLVED THAT THE City of Tustin 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 employment. Neither said Jamey Peery nor the Agency has applied to the
Worker's Compensation Appeals Board for a determination pursuant to Section 21166 whether
such disability is industrial.
BE IT FURTHER RESOVED that the member will be separated from his employment in
the position of Police Lieutenant after expiration of his rights under Section 21164, Government
Code, effective May 25, 2007 and that no dispute as to the expiration of such leave rights is
pending. His last day on pay status is May 25.2007.
There is not a possibility of third party liability.
Advanced disability pension payments will not be made.
The primary disabling condition is orthopedic.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 1 St day of May, 2007.
LOU BONE, MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK