HomeMy WebLinkAboutCC RES 19-11RESOLUTION NO. 19-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT JAMES BRABECK, A LOCAL SAFETY
MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE
SERGEANT
WHEREAS, the City of Tustin (hereinafter referred to as "City') is a contracting
agency of the California Public Employees' Retirement System (CalPERS); 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 James
Brabeck, employed by the City in the position of Police Sergeant, for cardiovascular
disabilities, has been filed with CalPERS; 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 James Brabeck is incapacitated within the
meaning of the California Public Employees' Retirement Law from performance of his
duties in the position of Police Sergeant 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).
James Brabeck 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 James Brabeck 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 will be separated from his
position of Police Sergeant effective April 3, 2019 and that no dispute as to the
expiration of such leave rights is pending. His last day on paid status was April 2, 2019
and his retirement date will be April 3, 2019.
Resolution 19-11
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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 $5,437.00 beginning May 31, 2019. A prorated payment will
be made on April 30, 2019 in the amount of $5,074.00 for the period of April 3 through
April 30, 2019.
The primary disabling condition is cardiovascular.
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 2nd day of April 2019.
ATTEST:
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ERICA N. YASUDA,
City Clerk
7 C�
CHARLES E. PUCKETT,
Mayor
Resolution 19-11
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1
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. 19-11 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2"d day of
April 2019, by the following vote:
COUNCILMEMBER AYES: Puckett, Bernstein, Clark, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
ERICA N. ASUDA,
City Clerk \
Resolution 19-11
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