HomeMy WebLinkAbout10 FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF TODD BULLOCKAgenda Item 10
Reviewed:
AGENDA REPORT City Manager4
Finance Director /A
MEETING DATE: JUNE 19, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF TODD BULLOCK
SUMMARY
Adoption of the attached Resolution will certify that Todd Bullock is industrially disabled
from his position of Police Lieutenant and enable CalPERS to process his industrial
disability retirement.
RECOMMENDATION
Adopt Resolution No. 18-45 finding that Police Lieutenant Todd Bullock is industrially
disabled from performing the duties of his position.
FISCAL IMPACT
R.0
BACKGROUND AND DISCUSSION
On May 15, 2018, the City Council adopted Resolution No. 18-36 finding Police
Lieutenant Todd Bullock to be industrially disabled from performing the duties of his
position. After sending this resolution to CalPERS to complete the industrial disability
retirement process, CalPERS notified City staff that the resolution was missing certain
language that CalPERS now requires to process an industrial disability retirement. The
attached Resolution has been amended to comply with CalPERS' new requirements.
Prepared by:
I
Senior MaD6gement Analyst
Attachment:
1. City Council Resolution No. 18-45
Approved by:
Derick Yasuda
Director of Human Resources
RESOLUTION NO. 18-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT TODD BULLOCK,
A LOCAL SAFETY MEMBER, IS INDUSTRIALLY
DISABLED FROM HIS DUTIES AS A POLICE
LIEUTENANT
WHEREAS, the City of Tustin (hereinafter referred to as "City") is a contracting
agency of the California Public Employees' Retirement System (CaIPERS); and
WHEREAS, the California Public Employees' 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
California Public Employees' Retirement Law and whether such disability is "industrial"
within the meaning of such law; and
WHEREAS, an application for the industrial disability retirement of Todd Bullock,
employed by the City in the position of Police Lieutenant, for Post -Traumatic Stress
Disorder, has been filed with CaIPERS; and
WHEREAS, the City 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 Todd Bullock is incapacitated within the
meaning of the California Public Employees' Retirement Law from performance of his
duties in the position of Police Lieutenant and does hereby certify under penalty of
perjury that this determination was made on the basis of competent medical opinion and
was not used as a substitute for the disciplinary process in accordance with
Government Code section 21156(a)(2).
Todd Bullock had filed a Workers' Compensation claim for his disabling condition. The
Workers' Compensation claim was accepted.
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. NeitherTodd Bullock nor the City 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 was separated from his position
of Police Lieutenant after expiration of his rights under Government Code Section
21164, effective April 6, 2018 and that no dispute as to the expiration of such leave
Resolution 18-45
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rights is pending. His last day on paid status was May 3, 2018 and his retirement date
will be May 4, 2018.
There is no possibility of third party liability.
Advanced Disability Pension Payments will be made. The payments will be made
monthly in the amount of $6,348.00 beginning July 1, 2018. A prorated payment was
made on June 1, 2018 in the amount of $5,734.00 for the period of May 4 through May
31, 2018.
The primary disabling condition is psychological (Post Traumatic Stress Disorder).
The duration of the disability is expected to be permanent, which is certified by
competent medical opinion.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 19th day of June 2018.
Elwyn A. Murray
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 18-45 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of
June 2018, by the following vote:
Resolution 18-45
Page 2 of 3
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-45
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