HomeMy WebLinkAboutCC RES 20-53 DocuSign Envelope ID: ED120EF6-653F-4D20-8417-065D36867743
RESOLUTION NO. 20-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT MARK TURNER, A LOCAL SAFETY MEMBER,
IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A SENIOR OFFICER I
WHEREAS, the City of Tustin (hereinafter referred to as "City") is a contracting
agency of the California Public Employees' Retirement System (CaIPERS); 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 Mark Turner,
employed by the City in the position of Senior Officer I, for orthopedic 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 Mark Turner is incapacitated within the
meaning of the California Public Employees' Retirement Law from performance of his
duties in the position of Senior Officer I 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).
Mark Turner 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 Mark Turner 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 was separated from his position
of Senior Officer I effective June 6, 2020 and that no dispute as to the expiration of such
leave rights is pending. His last day on paid status was June 6, 2020 and his retirement
date is June 7, 2020.
There is not a possibility of third-party liability.
Resolution 20-53
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DocuSign Envelope ID: ED120EF6-653F-4D20-8417-065D36867743
Advanced Disability Pension Payments were not made, as the member filed for a
Service Retirement Pending Industrial Disability Retirement.
The primary disabling condition is Orthopedic.
The duration of the disability is of an extended and uncertain duration, 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 18th day of August 2020.
DR. ALLAN BERNSTEIN,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
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. 20-53 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of
August 2020, by the following vote:
COUNCILMEMBER AYES: Bernstein, Clark, Puckett, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
ERICA N. YASUDA,
City Clerk
Resolution 20-53
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