HomeMy WebLinkAboutCC RES 98-0661 RESOLUTION NO. 98-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 TUSTIN, CALIFORNIA, FINDING AND DETERMINING
THE INDUSTRIAL DISABILITY OF DAVID GORA
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5 The City CounCil of the City of Tustin hereby resolves as follows:
6 WHEREAS, the City of Tustin is a contracting agency of the Public
7 Employees' Retirement System;
8 WHEREAS, the Public Employees' Retirement Law requires that a
contracting agency determine whether an employee of such agency who is in a
9 position of employment in which he is classified as a local safety member is
10 disabled for purposes ofthe Public Employees' Retirement Law and whether such
disability is "industrial" within the meaning of such law;
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WHEREAS, an application for disability retirement of David Gora,
12 employed by the City of Tustin in the position of'police officer has been fried by
13 the City with the Public Employees' Retirement System as authorized by
Resolution No. 97-32; and
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15 WHEREAS, the Retirement Review Board of the City of Tustin,
California, has reviewed the medical and other evidence relevant to such alleged
16 disability and found David Gora to be disabled from performing the duties of
Police Officer;
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18 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Tustin, California, does hereby fred and determine effective as of
19 September 8, 1998, that David Gora is disabled within the meaning of
20 Government Code Section 21156, from performing the duties of Police Officer
and that such disability is a result of injury or disease arising out of and in the
21 course of said employment and;
22 BE IT FURTHER RESOLVED, that a petition will be fried with the
23 Workers Compensation Appeals Board for determination pursuant to Section
21026, Government Code; and a copy of such determination will be provided
24 when rendered;
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AND BE IT FURTHER RESOLVED, that for PERS retirement purposes,
26 the member is separated from his employment in the position of Police Officer
effective September 1, 1998 per the finding of the agreed medical examiner of a
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permanent and stationary status.
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There is not a possibility of third party liability.
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3 Advanced disability pension payments will be made every other week in the
amount of $1,019.50, beginning September 1, 1998.
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5 The primary disabling condition is heart disease.
6 Mr. Gora shall be notified of this decision and of his right to request an
7 appeal hearing within thirty (30) days of the date of mailing the notice of this
decision. The notice shall be sent by certified mail, return receipt requested.
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The appeal hearing shall be conducted by an administrative law judge who
9 shah have the power to issue findings and a recommendation, subject to the City
10 Council's right to concur or disagree with the judge's recommendation in making
its f'mal decision on the matter.
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PASSED AND ADOPTED by the City Council of the City of Tustin at a
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regular meeting held on the 8th day of September, 1998.
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16 Thomas R. Salh~lli, Mayor
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18 D~,
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20 Stoker, City Clerk
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STATE OF CALIFORNIA)
22 COUNTY OF ORANGE ) SS
23 CITY OF TUSTIN )
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RESOLUTION CERTIFICATION
STATEOF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 98-66
Pamela Stoker, ,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 is
five; that the above and foregoing resolution was passed and adopted at a regular meeting of
the City Council held on the 8th day of September, 1998, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Worley, Doyle, Potts
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: Thomas
(~mela Stoker, City Clerk