Resolution No. 5346
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RESOLUTION NO . 5346
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DENYING THE INDUSTRIAL DISABILITY
RETIREMENT OF RONALD L. CUMMINGS, A LOCAL SAFETY
MEMBER EMPLOYED BY THE CITY OF VERNON (GOVERNMENT
CODE SECTIONS 21010, 21024 AND 21025)
WHEREAS, the City of Vernon (hereinafter referred to as
~'Vernon") is a contracting agency of the Public Employees Retire-
ment System: and
WHEREAS, the Public Employees Retirement
that a contracting agency determine whether a firefighter
employee of such agency is disabled for the purposes of the
Public Employees Retirement Law and whether such
"indus:trial" within the meaning of such law: and
WHEREAS, Ronald L. Cummings on or about October 13,
1978, filed an Application for Disability Retirement and the
Public Employees Re'tirement System requested Vernon on or about
October 25, ].978, to make a determination regarding the dis-
ability of Ronald L. Cummings: and
WHEREAS, by Resolution No. 4621, Vernon made the deter-
mination requested by the Public Employees Retirement System and
denied the disability retirement of Ronald L. Cummings: and
WHEREAS, it was subsequently determined in the case of
Ronald L. Cummingsv. . City of Vernon (2 Civil No. B003302) that
Vernon would be required to grant Ronald L. Cummings an eviden-
tiary hearing on his application for a Public Employees Retire-
ment System Disability to be effective January 1, 1979 and, at
such hearing, it should be determined whether Ronald L. Cummings
lacked the substantial ability to perform the duties of any per-
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manent position available to him within' the Fire Department
January, 1979: and
WHEREAS, the Vernon City Council h~ld hearings on
18, April 15, June 24, July 15, September 16 and October 7, 1986,
to specifically address the appropriate issues and the order of
the court: and
WHEREAS, at said hearing, Ronald L. Cummings was repre...
sented by attorney Richard L. Silber: and
WHEREAS, evidence, both oral and doc~entary, was intro-
duced at said hearing and all of said evidence has been con....
sidered by the Vernon City Council.
NOW,TH~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the Vernon City COuncil does hereby
make the following findings:
a. Since at least 1953, the position of Fire Dispatcher
within the Fire Department has been staffed by firefighters.
b. The position of Fire Dispatcher within the Vernon
Fire Department has traditionally been utilized as a light duty
assignment for Fire Department personnel who cannot perform nor-
mal duties as a firefighter because of injury or illness.
c. The position of Fire Dispatcher is a permanent posi-
tion within the Fire Department.
d. The duties of Fire Dispatcher are descr~bed in JOB
DESCRIPTION - FIRE DISPATCHER, ,attached bereto as Exhibit "An.
e. The position of Fire Dispatcher was in existence in
January of 1979 and is in existence currently and was available
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to Ronald L. Cummings.
f. On or about November 1, 1978,
offered the opportunity of returning to work inalight dut.y
position pending clarification of his medical status. On that.
same date, he was ordered by the Fire Chief to return to work on
a light duty status.
g. On or about November 1, 1978, Ronald L. Cummings
refused to return to work on a light duty status.
h. Firefighters assigned to work as Fire Dispatchers
retain their firefighter classification and continue to receive
the same salary and fringe benefits that they were entitled to
prior to the injury.
i. Firefighters assigned to the position of Fire Dis-
patcher are not deprived of any promotional opportunities because
of being assigned as Fire Dispatcher.
j. The medical and other evidence available to the City
Council indicates that Ronald L. Cummings was in fact. capable of
performing the duties of Fire Dispatcher in January of 1979,
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Specifically, the Agreed Medical Examiner, Doctor Seymour L. Al-
ban in a report dated June 6, 1979, stated that he could see no
reason why the job of Fire Dispatcher was not within Ronald. L.
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Cummings' capabilities. Further, Dr. William E. Nelson indio~ted
on or about October 30, 1978, that Ronald L. Cummings wasfr.e'e to
return to work as a firefighter effective November 1, 1978, with
no restrictions.
k. That Rona1dL. Cummings, through his attorney, ad-
mitt.ed at the hearing of October 7, 1986, t.hat Ronald L.Cummings
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SECTION 2:
1 was capable of performing the duties of Fire Dispatcl1er on. an
2 eight (8) hour shift.
Based upon the above findings ,the . Vernon
City Council concludes and determines as follows:
a. Rona1dL. Cummings did not lack. the substant.ial
ability to perform the duties of any permanent position aViili1abl.e
to him within the Fire Department in January, 1979.
b. That Ronald L. Cummings was not incapacitated within
the meaning of the Public' Employees Retirement Law from the per'"
formance of his duties in the position of firefighter for. Vernon.
c. That the. application of Ronald L. Cummingsfordis...
ability retirement is ana should be denied.
SECTION 3: 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 1\NDADOPTED this 9th day of December, 1986.
Aj:f' //:~
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BRUCE V. MALKENHORST, City Clerk.
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1 STATE OF CALIFORNIA )
) 55.
2 I COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 5346
, was duly adopted by the City Council of
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the City of Vernon, and was approved by the Mayor of said City
an adjourned
at }6{jregular meeting of the City Council held on Tuesday,
December 9
, 19' 86
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BRUCE V,MALKENHORST, City
Clerk
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