HomeMy WebLinkAboutCC RES 79-072q
RESOLUTION NO. 79-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN DETERMINING AND CERTIFYING THAT
ROBERT M. CONWAY IS INCAPACITATED AND IS ELIGIBLE
TO RETIRE FOR DISABILITY
WHEREAS, Robert M. Conway is a local safety member under the Public
Employees' Retirement System; and
WHEREAS, Robert M. Conway has submitted an application for disability
retirement with the Public Employees' Retirement System; and
9 WHEREAS, Government Code Section 21024 provides that upon receipt of
:LO an application for. disability of a local safety member, that the Public
Employees' Retirement System Board shall request the governing body of a local
public entity to make the determination regarding whether or not the local
15 safety member is incapacitated for the perfOrmance of duty; and
14.
WHEREAS, Government Code Section 21025 provides that if the governing
15 body determines, based on medical examination and other available information,
16 that the member is incapacitated and is eligible to retire, that the governing.~_.
body shall' c. ertify its determination to the Public Employees' Retirement
18 Board; and
19
WHEREAS', the City Council has de.legated the fact-finding functions
regarding disability determinations to the Disability Retirement Review
Board pursuant to Tustin Personnel Rules and Regulations Section l0 (F); and
WHEREAS, the Disability Retirement Review Board has reviewed the
medical report of Louis F. Galente, M.D. and has considered other available
:2~ medical evidence; and
WHEREAS, based on a review of that evidence, the Disability Retirement
Review Board has determined that Robert M. Conway is incapacitated and
eligible for a disability retirement°
~8
NOW, THEREFORE, the City Council of the City of Tustin, does hereby
RESOLVE as follows-
~0
1. That it has adopted the Disability Retirement Review Board's
determination that Robert M. Conway is incapacitated from the performance
$~ of duty, and
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10
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12
15
16
£8
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is eligible for a disability retirement.
1979.
2~
That said disability was industrially caused; and
3. That the effective date of retirement is certified as
October 1'
4. That based upon the advice of the City Attorney, there is not a
possibility of third party liability for this disability.
PASS!ED. AND ADOPTED this
_ 1st. day of October, 1979.
ATTEST'
C i tv' C 1 erk ~~["
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the
City of ~'~jstin, California, does hereby certify that the whole nu.m~er of
the members of the City Council of the City of Tustin is five; that the
above and foregoing Resolution No. 79.-72 was duly an4 regularly
intr°duc'ed,-passed an~ adopted at ~regular meet'{ng of the City Council
held on the 1st.~ __day of Octobe.r'. .... _ .~, 1979, by the following
_ ,,
vote:
AYES:
NOES:
' ABSF~.~T:
~UNCII~~: . SCHUSTER, SALTARELL!. ~ ...SHARP', _KENNEDy, WELSH _ _
COreC II.24~N: None ·
..~_~ ~ . ......... . .... .: .... ,, ~. ._~,. ~.: ..... .
CO~CII~-~N: None ........ _ .................. _ _ _