HomeMy WebLinkAboutCC RES 97-0781 RESOLUTION NO. 97-78
2 A RESOLUTION OF THE CITY COUNCIL OF THZE CITY OF
3 TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
INDUSTRIAL DISABILITY OF W. DOUGLAS FRANKS
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The City Council of the City of Tustin hereby resolve as follows:
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6 WHEREAS, the City of Tustin is contracting agency of the Public
Employees' Retirement System;
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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
disabled for purposes of the Public Employees' Retirement Law and whether such
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disability is' "industrial" within the meaning of such law;
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WHEREAS, an application for disability retireinent of W. Douglas Franks
12 employed by the City of Tustin in the position of Chief of Police has been filed
13 .by the City with the Public Employees' Retirement System; and
14 WHEREAS, W. Douglas Franks was found permanent and stationary by the
15 agreed medical examiner, Dr. Alvin. Markovitz on May 15, 1997; and'
16 WHEREAS, the Retirement Review Board of the City of Tustin, California,
has reviewed the medical and otherevidence relevant to such alleged disability and'
17 found W. Douglas Franks to be disabled from performing the duties of Chief of
18 Police;
19 NOW, .THEREFORE, BE IT RESOLVED, that the City Council of the
20 City of Tustin, California, does hereby find and determine effective as of August
1, 1997, that W. Douglas Franks is disabled within the meaning of Government
21 Code Section 21156, froin performing the duties of Chief of Police and that'such
disability is a result of injury or disease arising out of and in the course of said
22 employment and;
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BE IT FURTHER RESOLVED, that a petition will be filed with the
24 Workers Compensation Appeals Board for determination pursuant to Section
21166, Government Code; and a copy of such determination will be provided
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when rendered;
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1 AND BE IT FURTHER RESOLVED, that for PERS retirement purposes,
the member was separated from his employment in the position of Chief of Police
2 effective August 1, 1997, per the finding and determination of the Retirement
3 Review Board.
4 There is not a possibility of third party liability.
Advanced disability pension payments will be made every other week in the
6 amount of $544, beginning August 21, 1997.
7 The primary disabling condition is hypertension and hypertensive
8 cardiovascular disease.
9 Mr. Franks shall be notified of this decision and of his right to request an
10 appeal he~ing 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 ad~ninistrative law judge who
12 shall have the power to issue findings and a recommendation, subject to the City
13 Council's right to concur or disagree with the judge's recom~nendation in ma~ng
its final decision on the matter.
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PASSED AND ADOPTED by the City Council of the City of Tustin at a
15 regular ~neeting held on the 4th day of August, 1997.
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19 omas, ' ayor
23 ~~ Stoker, City Clerk
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City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 97-78
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 4th day of August, 1997, by the following vote:
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
· ' la Stoker, City Clerk