Resolution No. 5678
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RESOLUTION NO. 5678
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE INDUSTRIAL
DISABILITY RETIREMENT OF VERL BULKLEY, A
LOCAL SAFETY MEMBER EMPLOYED BY THE CITY
OF VERNON (Government Code Sections 21024
and 21025)
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WHEREAS, the City of Vernon (hereinafter referred to as
7 "Agency") is a contracting agency of the Public Employees'
8 Retirement System; and
9 WHEREAS, the Public Employees' Retirement Law requires
lO that a contracting agency determine whether an employee of such
11 agency in emploYment in which he is classified as a 10cal safety
12 member is disabled for purposes of the Public Employees'
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Retirement Law and
whether
such disability is
if
so,
"industrial" within the meaning of such law; and
WHEREAS, by telephone notification on October 12, 1989,
Gloria J. Orosco, Chief Deputy City Clerk, notified VerI Bulkley
that the matter of his disability retirement based on the
findings of the doctors would be considered by the City Council
and requested notification if he wished to address the Council;
and
WHEREAS, the City Council of the City of Vernon has
22 reviewed the medical and other evidence relevant to such alleged
23 disability; and
24 WHEREAS, such "industrial" disability was not caused by
25 third party liability.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
27 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The city council of the city of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: That the City Council of the City of Vernon
hereby finds and determines that VerI Bulkley is incapacitated
within the meaning of the Public Employees' Retirement Law from
the performance of his duties in the position of Fire Captain in
the Vernon Fire Department.
SECTION 3: 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 VerI Bulkley
has applied to the Workers' Compensation Appeals Board for a
determination pursuant to section 21026 whether such alleged
disability is industrial.
SECTION 4: That the City Council of the City of Vernon
hereby determines from the report of Dr. Harley R. Deere that
VerI Bulkley is unable to substantially perform the duties of
his position as Fire Captain and therefor should be retired and
that the permanent and stationary date for retirement purposes
will be October 17, 1989, and that VerI Bulkley will be retired
effective October 17, 1989.
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SECTION 5: That the City Clerk of the City of Vernon
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shall certify to the passage of this resolution and thereupon
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and thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 17th day of October, 1989.
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9 BRUCE V. MALKENHORST, city Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 5678, was duly adopted by the city Council of the
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ci ty of Vernon at a regular meeting of the ci ty Council duly
held on Tuesday, October 17. 1989 and thereafter duly signed by
the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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