Resolution No. 5928
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RESOLUTION NO. 5928
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A RESOLUTION OFu-THECITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE INDUSTRIAL
DISABILITY RETIREMENT OF ANDREW BELTOWSKI,
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
"Agency") is a contracting agency of the pUblic Employees'
Retirement System; and
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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
member is disabled for purposes of the Public Employees'
Retirement Law and if so, whether such disability is
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"industrial" within the meaning of such law; and
WHEREAS, Andrew Beltowski employed by the Agency in the
position of Fire captain retired with a service retirement from
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the Agency effective February 6, 1991; and
WHEREAS, Andrew Beltowski filed an applicat.ion for
disability retirement on or about November 13, 1990 with the
Public Employees' Retirement sys1::em and the Public Employees'
Retirement System requested the Agency on or about December 20,
1990, to make a determination regarding the disability
retirement of Andrew Beltowski; and
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WHEREAS, by letter dated April 15, 1991, Bruce V.
Malkenhorst, City Administrator/city Clerk, notified Andrew
Beltowski that the matter of his disability retirement based on
the findings contained in the medical reports would be
considered by the City council; and
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WHEREAS, the City council of the City of Vernon has
reviewed the medical and other evidence relevant 1::.6usuch 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:
SECTION 1: The City council of the city of Vernon
hereby finds and determines that Andrew Bel towski 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: 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 Andrew
Beltowski has applied to the Workers' Compensation Appeals Board
for a determination pursuant to Section 21026 whether such
alleged disability is industrial.
SECTION 3: The City Council of the city of Vernon
hereby determines from the report of Dr. Martin Goldfarb, the
treating physician, dated December 19, 1990, that Andrew
Beltowski 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 December 17, 1990, and that Andrew Beltowski was retired
effective February 6, 1991.
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SECTION 4: The City Clerk of the city of Vernon shall
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3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 21st day of May, 1991.
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ATTE~:
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BRUCE V.
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MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
)ss
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I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 5928, was duly adopted by the City Council of the
City of Vernon at an adjourned regular meeting of the city
council duly held on Tuesday, Mav 21. 1991. and thereafter duly
signed by the Mayor of the City of Vernon.
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L //Q/~
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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