Resolution No. 4731
RESOLUTION NO. 4731
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE DISABILITY
RETIREMENT OF BYRT M. WALLER, JR.,
A LOCAL SAFETY MEMBER EMPLOYED BY THE CITY
OF VERNON [~~21024 & 21025 of the Government
Code]
WHEREAS, the City of Vernon (hereinafter referred to
as "Agency") is a contracting Agency of the Public Employees
Retirement System; and,
WHEREAS, the Public Employees 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 the purposes of the Public Employees
Retirement Law and ~hether su€h disability is "industrial" within
the meaning of such law; and,
WHEREAS, by this Resolution the Agency is hereby filing
an application for the disability retirement of BYRT M.
WALLER, JR.
employed by the Agency in the position of Patrolman III
in the Vernon Police Department; and,
WHEREAS, the City Council of the City of Vernon has
reviewed the medical and other evidence relevant to such alleged
disability; and,
WHEREAS, such "industrial" disability was not caused
by third party liability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City of Vernon hereby finds and
determines that BYRT M. WALLER, JR.
is incapacitated within
the meaning of the Public Employees Retirement Law for performance
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of his duties in the position of Patrolman II in the Vernon PolicE
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Department for the City of Vernon.
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SECTION 2: That the City of Vernon hereby finds and
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determines that such disability is a result of injury or disease
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arising out of and in the course of employment and neither
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BYRT M. WALLER, JR.
nor the Agency has applied to the Workers'
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Compensation Appeals Board for a determination pursuant to ~2l026
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of the Government Code whether such disability is industrial.
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SECTION 3: That the City Council of the City of Vernon I
determines that such disability became permanent and stationary onl
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11 April 1, 1980
and said disability is determined to be of a
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permanent nature, and said BYRT M. WALLER, JR.
is removed
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from the City payroll on May,6, 1980.
SECTION 4: That the City Clerk of the City of Vernon
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shall certify to the passage of this Resolution and thereupon
and thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 6th day of May, 1980.
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L~()NIS C .MALBU ... G, Mayor
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 VernQn, do hereby certify that the foregoing Resolution, being
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Resolution No. 4731
, was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at a regular meeting of the City Council held on Tuesday,
.
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May 6
, 19'80.
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