HomeMy WebLinkAboutCC RES 01-20RESOLUTION NO. 01-20
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
FINDING AND DETERMINING THE INDUSTRIAL DISABILITY OF JOHN MIRARCHI
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The City Council of the City of Tustin hereby resolves as follows'
WHEREAS, the City of Tustin is a contracting agency of the Public Employee'
Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting
agency determine whether an employee of such agency who is in a position of
employment in which he/she is classified as a local safety member is disabled for
pu~rposes of the Public Employee' Retirement Law and whether such disability is
"industrial" within the meaning of such law; and
WHEREAS, the Retirement Review Board of the City of Tustin, California, has
reviewed the medical and Other evidence relevant to such alleged disability and found
John Mirarchi to be disabled from performing the duties of Police Officer; and
WHEREAS, the City may apply to the Public Employees' Retirement Board for
the disability retirement of a member pursuant to Resolution No. 97-'32;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the citY of
Tustin, California, does hereby find and determine effective as of March 5, 2001, that
John Mirarchi is disabled within the meaning of Government Code Section 21156, from
performing the duties of Police Officer and that such disability is a result of injury or
disease arising out of and in the course of said employment and;
S:\City Council Agenda Items\MIRARCHI RESO.DOC
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BE IT FURTHER RESOLVED, that a petition will be filed with the Workers'
Compensation Appeals Board for determination pursuant to Section 21026 Government
Code; and a copy of such determination will be provided when rendered;
AND BE IT FURTHER RESOLVED, that for Public Employees' Retirement
purposes, the member is separated from his employment in the position of Police
Officer effective March 5, 2001 per the finding of the agreed medical examiner of a
permanent and stationary status.
There is not a possibility of third party liability.
Advanced disability pension payments will be made every other week in the
approximate amount of $1,133.02 beginning March 5, 2001.
Mr. Mirarchi shall be notified (by certified mail, return receipt requested) of this
decision and of his right to request an appeal hearing within thirty (30) days of the date
of mailing the notice of this decision.
Should Mr. Mirarchi appeal, 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 Council's right to concur or disagree with the
judge's recommendation in making its final decision on the matter.
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PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting held on the 5th day of March, 2001.
TRAC EY, MAYO
ATTEST:
CITY CLERK
$:\City Council Agenda Items\MIRARCHI RESO.DOC
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
RESOLUTION NO. 01-20
City of Tustin
RESOLUTION CERTIFICATION
SS
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01-
20 was adopted at a regular meeting of the City Council held on the 5~' day of March,
2001, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
Worley, Thomas, Bone, Doyle, Kawashima
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