HomeMy WebLinkAboutCC RES 97-0741 RESOLUTION NO. 97-74
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
INDUSTRIAL DISABILITY OF CHARLES CARVAJAL
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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 retirement of Charles Carvajal,
12 employed by. the City of Tustin in the position of police officer has been filed by
13 the City with the Public Employees' Retirement System; and
14 WHEREAS, the Retirement Review Board of the City of Tustin, California,
has reviewed the medical and other evidence relevant to such alleged disability and
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found Charles Carvajal to be disabled from performing the duties of Police
16 Officer;
17 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
18 City of Tustin, California, does hereby find and determine effective as of July 18,
1997, that Charles Carvajal is disabled within the meaning of Government Code
19 Section 21156, from performing the duties of Police Officer and that such
20 disability is a result of injury or disease arising out of and in the course of said
employment and;
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BE IT FURTHER RESOLVED, that a petition will be filed with the
22 Workers Compensation Appeals Board for determination pursuant to Section
23 21026, Government Code; and a copy of such determination will be provided
when rendered;
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AND BE IT FURTHER RESOLVED, that for PERS retirement purposes,
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the member was separated from his employment in the position of Police Officer
26 effective July 18, 1997, per the finding of the agreed medical examiner of a
permanent and stationary status.
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1 There is not a possibility of third party liability.
Advanced disability pension payments will be made every other week in the
3 amount of $969, beginning August 8, 1997.
4 The primary disabling condition is post traumatic stress disorder.
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Mr. Carvajal shall be notified of this decision and of his right to request an
6 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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8 The appeal hearing shall be conducted by an administrative law judge who
shall have the power to issue findings and a recommendation, subject to the City
9 Council's right to concur or disagree with the judge's recommendation in making
'its final decision on the ~natter.
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11 PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 21st day of July, 1997.
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15 .f-dfet~J M/Thomas, Mayor
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18 )L~,~~~Ltj_~d,~,,~~
19 ~ker, City Clerk
21 STATE OF CALIFORNIA)-
COUNTY OF ORANGE ) SS
9~2 CITY OF TUSTIN )
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9.7
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1 CERTIFICATION FOR RESOLUTION NO. 97-74
'2 Pam Stoker, City 'Clerk and eXofficio 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 duly and
4 regularly passed and adopted at a regular,meeting of the City Council held on the
21st day of July, 1997 by the following vote:
B
6 COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, 'Potts, Worley
COUNCILMEMBER NOES: None
7 COUNCILMEMBER ABSTAINED: None
8 COUNCILMEMBER ABSENT: None -',~
Stoker,City .Clerk
10 BMC6:CARVAJAL. RES '
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