HomeMy WebLinkAboutCC RES 89-50.6
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RESOLUTION NO. 89-50
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA
RETIREMENT OF CHARLE'S THAYER
WHEREAS, the City of Tustin is a contracting agency
,
the Public Employees' Retirement System;
of
WHEREAS, the Public Employees' Retirement Law requires
that a contracting agency determine whether an employee of
such agency who is
is classified as
in a position of employment in which he
a local safety member is disabled for
purposes of the Public Employees' Retirement Law and whether
such disability is "industrial" within the meaning of such
law;
WHEREAS, an application for disability retirement of
Charles R. Thayer employed by the City of Tustin in the
position of Chief of Police has been
Employees' Retirement system; and
filed with the Public.
WHEREAS, the City Council of the City of Tustin,
California 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,
California, find and determine, and it does hereby find and
determine,
incapacitated
that Charles R. Thayer
within the meaning of the
is disabled and
Public Employees'
Retirement Law for performance of his duties in the position
of Chief of Police; and
BE IT FURTHER RESOLVED that the City Council o2 the
City of Tustin, California find and determine, and it does
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hereby find and determine that such disability is a result
of injury or disease arising out of and in the course of
said employment and neither said Charles R. Thayer nor the
.City of Tustin has applied to the Worker's Compensation
Appeals Board for a determination pursuant to Section
21023.6 whether such disability is industrial. In making
this finding, however,
the city reserves the right to
raise
such issues at a later date should evidence so warrant, and
the city further reserves the right to seek apportionment
permanent disability benefits under worker's
compensation
laws should the facts so warrant.
BE IT FURTHER RESOLVED that the City of Tustin find and
determine and it does hereby find and determine as follows:
1)
The last day Charles Thayer will be on the City's
payroll is April 18, 1989;
2)
The type of disability retirement to which Charles
Thayer is entitled is an industrial disability retirement;
3)
There is not a possibility of third-party
liability present;
4) The reason for the disability is psychological
stress; and
5)
Charles Thayer has not requested and has not been
offered and will not be offered a rehabilitation program.
PASSED AND ADOPTED at the regular meeting of the City
Council of the City of Tustin, held on the 17th day of
April, 1989.
Council of the City of Tustin, held
meeting of
,
on .the l?th
the City
day of
April , 1989.
MAYOR
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE. )
CITY OF TUSTIN )
ss.
City
certify that the whole number of
Council of the City of Tustin is
foregoing Resolution No. 89-50
introduced, passed and adopted at
City Council held on the l?th
· 1989, by the following vote:
MARY E. WYNN, City Clerk and ex-officio Clerk ot the
Council of the City of Tustin, California, does hereby
the members ot the City
five; that the above and
was duly and regularly
a regular meeting of the
day of .. April ,
AYES:
NOES:
AB STAINED:
ABSENT:
COUNCILPERSONS:
COUNC ILPERSONS:
COUNCILPERSONS:
COUNC ILPERSONS:
Kennedy, Edgar, Hoesterey, Kelly
PreScott
None
None
MARy E. w~~, Cit~Clerk
city of Tu~tin, Cal±fornia