Resolution No. 5721
1
RESOLUTION NO. 5721
2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE INDUSTRIAL
DISABILITY RETIREMENT OF RICHARD GARCIA, A
LOCAL SAFETY MEMBER EMPLOYED BY THE CITY
OF VERNON (Government Code Sections 21024
and 21025)
3
4
5
6
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
that a contracting agency determine whether an employee of such
agency in employment in which he is classified as a local safety
10
11
12 member is disabled for purposes of the Public Employees'
13
Retirement Law and if so,
whether such disability is
14
15
16
17
18
"industrial" within the meaning of such law; and
WHEREAS, Richard Garcia employed by the Agency in the
position of Fire Captain on or about January 21, 1990, filed an
application for disability retirement with the Public Employees'
Retirement System and the Public Employees' Retirement System
19 requested the Agency on or about February 8, 1990, to make a
20
21
determination regarding the disability retirement of Richard
Garcia; and
22
WHEREAS, the City Council of the City of Vernon has
23
24
25
26
27
28
reviewed the medical and other evidence relevant to such alleged
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:
. .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 1: That the city Council of the City of Vernon
hereby finds and determines that Richard Garcia 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 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 Richard
Garcia 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 report of Dr. David L. Tsoong, the
treating physician, that Richard Garcia 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 February 28,
1990, and that Richard Garcia will be retired effective March 1,
1990.
III
1//
1/1
III
III
III
11/
-2-
. .
1
2
SECTION 4: That the city Clerk of the City of Vernon
shall certify to the passage of this resolution and thereupon
3
and thereafter the same shall be in full force and effect.
4
APPROVED AND ADOPTED this 20th day of February, 1990
5
6
~. ~
. .~.~."U' .
---LEONIS C. MALB~YO
AT~ /~.
BRUCE V. MALKENHORST, City Clerk
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
. ,
1
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
2
3
4
Vernon, do hereby certify that the foregoing Resolution, being
5
6
Resolution No. 5721, was duly adopted by the City Council of the
Ci ty of Vernon at a regular meeting of the City Council duly
held on Tuesday, February 20. 1990. and thereafter duly signed
by the Mayor of the City of Vernon.
7
8
9
10
11
~
/~
BRUCE V. MALKENHORST, City Clerk
12
(SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-