Resolution No. 5110
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RESOLUTION NO. 5110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DENYING THE INDUSTRIAL DISABILITY
RETIREMENT OF RAYMOND MICHALSKI, A LOCAL
SAFETY MEMBER EMPLOYED BY THE CITY OF VERNON
(GOVERN~1ENT CODE ~~21020, 21024 and 21025)
WHEREAS, the City of Vernon (hereinafter referred to
as "Agency") is a contracting Agency of the Public Employees'
Retirement System (hereinafter referred to as "PERS");, and
WHEREAS, the PERS law requires that the governing body
of a contracting Agency determine whether an employee of such
Agency in employment in which he is classified as a Local Safety
~lember is incapacitated physically or mentally from the
performance of his dut.ies wi thin ..the meaning of such law; and
WHEREAS, counsel for RAYMOND MICHALSKI requested on or
about April 13, 1981, that the City of Vernon consider the
application of'. RAY-MOND ~HCHALSKI for a PERS industrial
disability retirement and make the appropriate findings with
respect thereto; and
WHEREAS, the City Council of the City of Vernon held
hearings on July 7, 1981, October 6, 1981, December 15, 1981,
and January 5, 1982, on RAYMOND MICHALSKI'S application for PERS
industrial disability retirement; and
WHEREAS, at said hearings, oral and documentary
evidence was introduced and received by the City Council; and
WHEREAS, at said hearings, RAYMOND MICHALSKI was
present and was represented by counsel; and
WHEREAS, the City Council of the City of Vernon has
reviewed and considered all of the evidence, oral and documentary,
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1 introduced and received at the various hearings on this matter;
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3 WHEREAS, the City Council of the City of Vernon is
4 fully informed concerning all of the physical and mental
5 requirements for the performance of duties of a police officer
6 for the City of Vernon; and
7 WHEREAS, the City Council of the City of Vernon, at the
8 hearings, was able to hear and observe each of the witnesses
9 testifying, was able to observe the demeanor of each of such
10 witnesses as well as the witnesses' ability to respond to
11 questions, recollect pertinent facts, offer opinions free from
12 bias, and said City Council was able to assess the credibility
13 of each respective witness and to form its opinion of the
14 credibility of each witnesses' testimony; and
15 WHEREAS, in consideration of all of the oral and
16 documentary evidence, including the credibility of the witnesses,
17 the Council has become fully informed concerning each and every
18 aspect of RAYMOND MICHALSKI'S claim for PERS industrial
19 disability retirement.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
21 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon makes
23 the following findings:
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A. RAYMOND MICHALSKI sustained a work related injury
on or about October 1, 1978.
B. At that time, RAYMOND MICHALSKI injured his left
knee.
C. Also, approximately two or three days after the
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foregoing occurrence, RAYMOND MICHALSKI indicated
that he developed the onset of low back discomfort
that progressively intensified.
D. During the period October 1, 1978, through
September 30, 1979, RAYMOND MICHALSKI was on Labor
Code Section 4850 leave.
E. While on Labor Code Section 4850 leave on or about
December of 1978, RAYMOND MICHALSKI operated and
drove a Peterbilt tractor trailer to Sacramento,
a round trip of approximately 800 miles, driving
approximately 50 percent of the trip; during this
trip, RAYMOND MICHALSKI helped another person
unload from the truck hanging garments and
approximately 150 to 200 boxes weighing approximatel_
30 pounds each.
F. RAYMOND MICHALSKI'S employment with the City was
terminated on or about March 16, 1979.
G. In approximately September of 1980, RAYMOND
MICHALSKI commenced work for California Ammonia
Transport Company as a truck driver operating a
tractor-trailer and remained on that job up until
on or about September 26, 1980, when he was involved
in an accident, receiving a compression fracture of
the low back. While working as a truck driver for
California Ammonia Transport, RAYMOND MICHALSKI was
required to and did perform certain physical tasks
such as driving, operating clutches and gears,
climbing into and out of the tractor, climbing upon
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stationary on or about July, 1980, and that RAYMOND
MICHALSKI has no permanent signs of any psychiatric
disease entity1which in any way can be connected
with the foregoing claim of industrial injury;
RAYMOND MICHALSKI'S mental condition does not
create a substantial inability to perform his usual
duties as a police officer.
L. That the injuries incurred by RAYMOND MICHALSKI in
the accident of September 26, 1980, occurred when
RAYMOND MICHALSKI was not employed by the City,
were solely related to his private occupation as
a truck driver, and are not therefore related to his
job as a police officer.
M. That RAYMOND MITCHALSKI is not physically or mentally
incapacitated within the meaning of the PERS law
from the performance of his duties in the position
of police officer for the City of Vernon.
SECTION 2: That based upon the evidence in this case
and the foregoing findings, the City of Vernon does hereby find
and determine that RAYMOND MICHALSKI is not physically or
mentally incapacitated from the performance of his duties as a
22 police officer for the City of Vernon pursuant to the requirements
23 of Government Code Sections 21020 and 21025.
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SECTION 3: 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 5th day of June, 1984.
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: ATTEST- ~
B~ORST' 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 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 I Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No.
5110
, was duly adopted by the City Council
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7 of the City of Vernon, and was approved by the Mayor of said
8 City at an adjourned meeting of the City Council held on
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JUne 5
1984.
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BRUCE V. MALKENHORST, City. Clerk
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