Resolution No. 5358
. .
1
2
3
4
5
RESOLU'.rION NO. 5358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DENYING THE INDUSTRIAL DISABILITY
RETIREMENT OF ROBERT N. GRAHAM, A LOCAL SAFETY
MEMBER EMPLOYED BY THE CITY OF VERNON
(Government Code Sections 21024 and 21(25)
WHEREAS, the City of Vernon (hereinafter referred to as
6 "Agency") is a contracting agency of the Public Employees'
7 Retirement System: and
8 WHEREAS, the Public Employees' Retirement Law requires
9 that a contracting agency determine whether an employee of such
10 agency in employment in which he is classified as a local safety
11 member is disabled for purposes of the Public Employees' Retire-
12 ment Law and if so, whether such disability is "industrial"
13 within the meaning of such law: and
14
WHEREAS, Robert N. Graham employed by the Agency in the
15 position of Lieutenant on or about July 8, 1986, filed an ap-
16 plication for disability retirement with the Public Employees'
17
Retirement System and the Public Employees I
Retirement System
18
19
20.
21
22
23
24
25
26
27
28
requested the Agency on or about October 7, 1986, to make a
determination regarding the disability of Robert N. Graham: and
WHEREAS, by letter dated November 24, 1986, Bruce V.
Malkenhorst, the City Administrator, notified Robert N. Graham
that unless Mr. Graham submitted documentation to justify ap-
proval by the City Council of his request for disability retire-
ment that he would recommend to the City Council that said
request be denied: and
WHEREAS, the City Council of the City of Vernon has
reviewed the medical and other evidence relevant to such alleged
1 disability.
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
3 THE CITY OF VERNON AS FOLLOWS:
4 SECTION 1: That the City Council of the City of Vernon
5 finds and determines that Robert N. Graham is not incapacitated
6 within the meaning of the Public Employees' Retirement Law for
7 the performance of his duties in the position of Lieutenant.
8 SECTION 2: That neither the City Council of the City of
9 Vernon nor Robert N. Graham has applied to the Workers' Compensa-
10 tion Appeals Board for a determination pursuant to Section 21e26
11 whether such alleged disability is industrial.
12 SECTION 3: That the City Council of the City of Vernon
13 hereby denies the application of Robert N. Graham for disability
14 retirement.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 6th day of January, 1987.
ATTEST:
tL;
BRUCE V.
~~
E~NIS C, MM.BU G. Mayor ·
" u/ 4
1,/ /1~//:t~//~
MALKENHORST, City Clerk
-2-
1 STATE OF.CALIFORNIA )
) ss,
2 COUNTY OF LOS ANGELES )
3
4
5
6
7
8
9
10
11
12
13
14 (SEAL)
I, BRUCE V, MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No, 5358 , was duly adopted by the City Council of
the City of Vernon, and was approved by the Mayor of said City
an adjourned
at a/regular meeting of the City Council held on Tuesday,
January 6
, 19 87.
k./#~~
BRUCE V. MALKENHORST, City
Clerk
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-