Loading...
HomeMy WebLinkAboutCC RES 18-45RESOLUTION 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. Neither Todd 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 rights is pending. His last day on paid status was May 3, 2018 and his retirement date will be May 4, 2018. Resolution 18-45 Page 1 of 3 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: L" 0. jj��- ERICA N. YASUbA, City Clerk Resolution 18-45 Page 2of3 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 1 gtn day of June 2018, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Ln. 100A,"L, ERICA N. YASUD City Clerk Resolution 18-45 Page 3 of 3 Murray, Gomez, Bernstein, Puckett, Clark (5) (0) (0)