Resolution No. 5614
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RESOLUTION NO. 5614
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE INDUSTRIAL
DISABILITY RETIREMENT OF LUIS A. ESPINOZA,
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
"Vernon") is a contracting agency of the Public Employees
Retirement System; and
WHEREAS, the Public Employees Retirement Law requires
that a contracting agency determine whether a police officer
employee of such agency is disabled for the purposes of the
Public Employees Retirement Law and whether such disability is
"industrial" within the meaning of such law; and
WHEREAS, LUIS A. ESPINOZA employed by Vernon in the
position of Police Chief on or about February 8, 1989, filed an
Application for Disability Retirement with the Public Employees
Retirement System
and the Public Employees Retirement system
requested Vernon on or about March 6,
1989,
to make a
determination regarding the disability of LUIS A. ESPINOZA; and
WHEREAS, by letter dated April 4, 1989, Bruce V.
21 Malkenhorst, the City AdministratorlCity Clerk, notified LUIS A.
22 ESPINOZA that a hearing to consider the disability retirement
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issue was scheduled for May 2, 1989, in the City council
Chambers at the City Hall at 6:00 p.m. and that documentation
respecting said issue was to be submitted to the City Clerk on
or before 3:00 p.m. on April 27, 1989; and
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WHEREAS, the Ci ty Council of the Ci ty of Vernon has
reviewed the medical and other evidence relevant to such alleged
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disability; and
WHEREAS, such "industrial" disability was not caused by
third party liability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
hereby finds and determines that LUIS A. ESPINOZA is
incapacitated within the meaning of the Public Employees'
Retirement Law from the performance of his duties in the
position of Chief of Police in the Vernon Police Department.
SECTION 2: That the City of Vernon hereby finds and
determines that such disability is the result of injury or
disease arising out of and in the course of employment and
neither the City Council of the City of Vernon nor LUIS A.
ESPINOZA has applied to the Workers' Compensation Appeals Board
for a determination pursuant to section 21026 whether such
alleged disability is industrial.
SECTION 3: That the City Council of the City of Vernon
hereby determines from the reports of Drs. Tom, Press and
Montagano that LUIS A. ESPINOZA is unable to substantially
perform the duties of his position as Chief of Police and
therefor should be retired and that the permanent and stationary
date for retirement purposes will be March 15, 1989 and that
LUIS A. ESPINOZA will be retired effective March 15, 1989'.
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SECTION 4: 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.
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APPROVED AND ADOPTED this 2nd day of May, 1989.
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ATTE~: ~
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BRUCE V. MALKENHORST, City Clerk
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--.- ?NISC . iu.i.URG. MI:;;:'
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5614, was duly adopted by the City Council of the
City of Vernon, and was approved by the Mayor of said City at a
regular meeting of the City Council held on Tuesday, May 2.
1989.
/L/~~
BRUCE V. MALKENHORST, City Clerk
( SEAL)
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