HomeMy WebLinkAboutCC RES 97-05 1 RESOLUTION NO. 97-5
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE PROPOSED
3 DECISION OF THE ADMINISTRATIVE LAW JUDGE IN THE
ADMINISTRATIVE APPEAL OF RUSSELL WHITEHEAD AS
4 ITS FINAL DECISION TO DENY MR. WHITEHEAD'S
APPLICATION FOR DISABILITY RETIREMENT BENEFITS
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WHEREAS, pursuant to authority in Government Code Section 21025
8 the City Council determined to deny the application of Russell
Whitehead for disability retirement benefits; and
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WHEREAS, Mr. Whitehead appealed the City Council's determination
8 to an administrative law judge; and
9 WHEREAS, on July 23, 1996, Administrative Law Judge Britt held
a hearing and considered written and oral testimony, including
10 testimony from Mr. Whitehead, other witnesses, and legal argument by
counsel; and
WHEREAS, on December 23, 1996, the City received a copy of Judge
12 Britt's proposed decision which denied Mr. Whitehead's application
for disability retirement benefits; and
WHEREAS, the City Council has reviewed Judge Britt's proposed
14 decision denying Mr. Whitehead's application for disability
retirement benefits. =
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
18 CALIFORNIA, finds, determines and orders as follows:
17 SECTION 1: The proposed decision of Administrative Law Judge
Britt dated October 4, 1996, in the matter of the disability
18 retirement benefit application of Russell Whitehead, is hereby
adopted as the final decision of the City Council of the City of
19 Tustin, California
20 SECTION 2: The City Clerk is directed to provide notice to
Mr. Whitehead and tohis counsel of the adoption of this Resolution
21 and of the administrative law judge's decision adopted by the City
Council, and to further provide notice to Mr. Whitehead and his
.22 .attorney that the time within which judicial review must be sought
is governedby Code of Civil Procedure Section 1094.6 and Tustin City
23 Code Section 1140.
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1 PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin on the 20 th day of Jan. , 1997.
2
T S WORLEY, MAYOR
4
5 ATTEST:
? PAMELA STOKER
CITY CLERK
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10 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
11 CITY OF TUSTIN )
12 RESOLUTION NO. 97-5
13 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the whole
14 number of the members of the City Council of the City of Tustin is
five; that the above and foregoing' Resolution was passed and adopted
1.5 at a regular meeting of the City Council held on the 20th day of
Jan. , 1997 by the following vote:
17 COUNCILMEMBER AYES: Thomas, Doyle, Saltarelli
COUNCILMEMBER NOES: None
18 COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Worley, Ports
21 City Clerk
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