HomeMy WebLinkAboutCC RES 80-0798
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RESOLUTION NO. 80-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, PERTAINING TO THE DISABILITY RETIREMENT OF
KENNETH BARTON.
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
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 for disability retirement of Kenneth Barton has
been filed with the Public Employees Retirement System;
WHEREAS, the City Council has delegated the fact-finding functions re-
garding disability determinations to the Disability Retirement Review Board
pursuant t'o Tustin Personnel Rules and Regulations Section .10 (F);
WHEREAS, The Disability Retirement Review Board of the City of Tustin
conducted a hearing on June 16, 1980 and found that Kenneth Barton is disabled
and that the disability is not industrially caused;
WHEREAS, the City Council of the City of Tustin has reviewed tile medical
and other evidence relevant to such alleged disability and reviewed the Find-
ings and .Conclusions of the Disability Retirement Review Board;
NOW, THEREFORE, the City Council of the City of Tustin does hereby resolve
as follows:
1. That the City Council of the City of Tustin find and determine
and it does hereby find and determine that Kenneth Barton is incapacitated
within the meaning of the Public Employees' Retirement Law for performance'
of his duties in the position of Police Sergeant;
2. That a petition will be filed with the Worker's Compensation Appeals
Board for a determination pursuant to Section 21026, Government Code.
3. That the member was or will be separated from his emPloyment in the
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position of Police Sergeant, after expiration of his leave rights under
Section 21025.4, Government Code, effective August 1, 1980 and that no
dispute as to the expiration of such leave rights is pending.
4. That based upon the advice of the City Attorney, there is not a
possibility of third party liability for this disability.
PASSED AND ADOPTED this 21st day of July, 1980.
1980.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
5LARY E. WYNN, City Clerk and ex-officio 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 of the City of Tustin is five; that the above and
foregoing Resolution No. 80-79 was duly and regularly introduced, passed
and adopted at a regular ~etin~ ~ the City Council held on the 21st day of
July , 1980 by the following vote-
AYES : COUNCILS[EN'.. SALTARELLI, EDGAR, HOESTEREY~, KENNEDY, SHARP
NOES : COUNCILMEN: NONE
· . ,
ABSE:Vf: COUNCILMEN: NONE
City of Tustin, California
KAREN J. BEA'B~sLE~, Deputy Ci, t~ Clerk
City of Tustin, California