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Resolution No. 5359 -, 1 2 3 4 5 RESOLU'l"IOR RO. 5359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DENYING THE INDUSTRIAL DISABILITY RETI REMENT OF ANTHONY J. VAN RYTE, A LOCAL SAFETY MEMBER EMPLOYED BY THE CITY OF VERNON (Government Code Sections 21024 and 21025) 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 II industrial" 13 within the meaning of such law: and 14 15 16 17 18 19 20. 21 22 23 WHEREAS, Anthony J. Van Ryte employed by the Agency in the position of Firefighter on or about June 9, 1986, filed an application for disability retirement with the Public Employees' Retirement System and the Public Employees · Retirement System requested the Agency on or about August 15, 1986, to make a determination regarding the disability of Anthony J. Van Ryte: and WHEREAS, by letter dated November 24, 1986, Bruce V. Malkenhorst, the City Administrator, notified Anthony J. Van Ryte that unless Mr. Van Ryte submitted documentation to justify ap- 24 proval by the City Council of his request for disability retire- 25 ment that he would recommend to the City Council that said 26 request be denied: and 27 28 WHEREAS, the City Council of the City of Vernon has 1 reviewed the medical and other evidence relevant to such alleged 2 disability. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 4 THE CITY OF VERNON AS FOLLOWS: 5 SECTION 1: That the City Council of the City of Vernon 6 finds and determines that Anthony J. Van Ryte is not in- 7 capacitated within the meaning of the Public Employees' Retire- 8 ment Law for the performance of his duties in the position of 9 Firefighter. 10 SECTION 2: That neither the City Council of the City of 11 Vernon nor Anthony J. Van Ryte has applied to the Workers' Com- 12 pensation Appeals Board for a determination pursuant to Section 13 21026 whether such alleged disability is industrial. 14 SECTION 3: That the City Council of the City of Vernon 15 hereby denies the application of Anthony J. Van Ryte for dis- 16 ability retirement. 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. ~~~' ~NIS C. MALE RG. May r A~: ~/' ,'. .//.'0 ~/ -~ L/?t~/i~ BRUCE V. MALKENHORST, City Clerk -2- 1 STATE OF CALIFORNIA ) ) ss, 2 COUNTY OF LOS ANGELES ) 8 4 5 6 7 8 I, BRUCE V.MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No, 5359 , 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, 9 10 11 12 13 14 (SEAL) January 6 , 19 87 ~ . J~;f~ BRUCE V. MALKENHORST, City Clerk 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 -3-