Resolution No. 5144
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RESOLUTION NO. 5144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DETERMINING THE DISABILITY RETIREMENT
OF JACK KELLY, A LOCAL SAFETY MEMBER EMPLOYED BY
THE CITY OF VERNON [~~21024 & 21025 of the
Government Code]
6 WHEREAS, the City of Vernon (hereinafter referred to
7 as "Agency") isa 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" within
14 the meaning of such law; and
15 WHEREAS, by this Resolution the Agency is hereby filing
16 an application for the disability retirement of JACK KELLY
17 employed by the Agency in the position of Administrative Fire
18 Engineer in the Vernon Fire Department; and
19 WHEREAS, the City Council of the City of Vernon has
20 reviewed the medical and other evidence relevant to such alleged
21 disability; and
22 WHEREAS, such "industrial" disability was not ca.used
23 by third party liability.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
25 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City of Vernon hereby finds and
27 determines that JACK KELLY is incapacitated within the meaning
28 of the Public Employees Retirement Law from the performance of
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1 his duties in the position of Administrative Fire Engineer in
2 the Vernon Fire Department.
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SECTION 2: That the City of Vernon hereby finds and
4 determines that such disability is a result of injury or disease
5 arising out of and in the course of employment and neither
6 JACK KELLY nor the Agency has applied to the Workers'
7 Compensation Appeals Board for a determination pursuant to ~2l026
8 of the Government Code whether such disability is industrial.
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SECTION 3: That the City Council of the City of Vernon
10 determines that such disability became permanent and stationary 0
11 July 24, 1984, and said disability is determined to be of a
12 permanent nature, and said JACK KELLY is removed from the City
13 payroll on October 16, 1984.
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SECTION 4: That the City Clerk of the City of Vernon
shall certify to the passage of this Resolution and thereupon
and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 16th day of October, 1984.
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_~.4..4--6_ :-? .
".... LEONIS C. ~~ Mayo
BRUCE .. V. MALKENHORST,
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14 (SEAL)
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1 STATE OF CALIFORNIA )
) ss,
2 COUNTY OF LOS ANGELES )
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I, BRUCE V, MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing R~solution, . being
Resolution No. 5144
, was duly adopted by the City Council of
the City of Vernon, and was approved by the Mayor of said City
Ian adjourned
at ~regular meeting of the City Council held on Tuesday,
October 16
, 19 84
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