Resolution No. 4904
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RESOLUTION NO. 4904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DETERMINING THE DISABILITY RETIREMENT
OF ROBERT E. ROSPRIM, A LOCAL SAFETY MEMBER,
EMPLOYED BY THE CITY OF VERNON [SS2l024 and
21025 of the Government Code]
6 WHEREAS, the City of Vernon (hereinafter referred to
7 as "Agency") is a contracting Agency of the Public Employees
8 Retirement System; and
9 WHEREAS, the Public Employees Retirement Law requires
10 that a contracting Agency determine whether an employee of such
11 Agency in employment in which he is classified as a Local Safety
12 Member is disabled for the purposes of the Public Employees
13 Retirement Law and whether such disability is "industrial" withi
14 the meaning of such law; and
15 WHEREAS, there was a serious question concerning the
16 industrial character of Mr. Rosprim's injuries; and
17 WHEREAS, said injuries were settled by way of
18 Stipulations with Request for Award and Award in Case Nos. 79 MON
19 29670/71/72/73 on June 23, 1981 wherein it was agreed that Mr.
20 Rosprim's injuries occurred during the course and scope of his
21 employment with the City of Vernon; and
22 WHEREAS, such "industrial" disability was not caused
23 by third party liability; and
24 WHEREAS, the City Council of the City of Vernon has
25 reviewed the medial and other evidence relevant to such alleged
26 disability; and
27 WHEREAS, the City Council of the City of Vernon finds
28 and determines tnat said injuries occu~red during the" course
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1 and scope of Mr. Rosprim's employment; and
2 WHEREAS, by this Resolution the Agency is hereby filing
3 an application for the disability retirement of Robert E.
4 Rosprim employed by the Agency in the position of Captain in the
5 Vernon Fire Department.
6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
7 THE CITY OF VERNON AS FOLLOWS:
8 SECTION 1: That the City of Vernon hereby finds and
9 determines that Robert E. Rosprim is incapacitated within the
10 meaning of the Public Employees Retirement Law from performance
11 of his duties in .the position of Captain in the Vernon Fire
12 Department of the City of Vernon.
13 SECTION 2: That the City of Vernon hereby finds and
14 determines that such disability is a result of injury or disease
15 arising out of and in the course of employment and neither
16 Robert E. Rosprim nor the Agency has applied to the Workers'
17 Compensation Appeals Board for a determination pursuant to
18 ~2~026 of the Government Code whether such disability is
19 industrial.
20 SECTION 3: That the City Council of the City of Vernon
21 determines that such disability became permanent and stationary
22 May 16, 1979 and said disability is determined to be of a
23 permanent nature, and said Robert E. Rosprim is removed from
24 the City payroll on May 16, 1979.
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SECTION 4: That the City Clerk of the City of Vernon
2 shall certify to the passage of this Resolution and thereupon
3 and thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 4th day of May, 1982.
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ATTEST:
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BRUCE V.MALKENHORST, City Clerk
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of
Verno.n I do hereby certify that the foregoing Resolution, being
Resolution No. 4904 , was duly adopted by the City Council
of the City of Vernon, and was approved by the Mayor of said
City at a regular meeting of the City Council held on Tuesday,
May 4
( SEAL)
, 1982
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BRUCE V. [\1ALKENHORST,CJ. ty Clerk
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