HomeMy WebLinkAboutCC RES 07-43RESOLUTION NO. 07-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA FINDING THAT JAMES PEERY, A
LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED
FROM HIS DUTIES AS A POLICE LIEUTENANT
WHEREAS, the City of Tustin (hereinafter referred to as Agency) is a contracting
agency of the Public Employee's Retirement System;
WHEREAS, the Public Employee's 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 Public Employee's
Retirement Law and whether such disability is "industrial" within the meaning of such
law;
WHEREAS, an application industrial disability of James Peery employed by the
Agency in the position of Police Lieutenant has been filed with the Public Employee's
Retirement System; and
WHEREAS, the City Council 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 find and determine and it does hereby find and determine that James Peery is
incapacitated within the meaning of the Public Employee's Retirement Law for
performance of his duties in the position of Police Lieutenant; and
BE IT FURTHER RESOLVED THAT THE City of Tustin find and determine and
it 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 said James Peery nor the
Agency has applied to the Worker's Compensation Appeals Board for a determination
pursuant to Section 21166 whether such disability is industrial.
BE IT FURTHER RESOVED that the member will be separated from his
employment in the position of Police Lieutenant after expiration of his rights under
Section 21164, Government Code, effective May 25, 2007 and that no dispute as to the
expiration of such leave rights is pending. His last day on pay status is May 25.2007.
There is not a possibility of third party liability.
Advanced disability pension payments will not be made.
The primary disabling condition is orthopedic.
Resolution No. 07-43
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 1st day of May, 2007.
LOU BONE
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, 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. 07-43 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1 st day of
May, 2007, by the following vote:
COUNCILMEMBER AYES: Amante, Bone, Davert, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBERABSENT: None (0)
PAMELA STOKER
City Clerk
Resolution No. 07-43
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