Resolution No. 5967
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RESOLUTION NO. 5967
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE NON-
INDUSTRIAL DISABILITY RETIREMENT OF CRAIG
EDMAN, 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
WHEREAS, the Public Employees' Retirement Law requires
that a contracting agency determine whether an employee of such
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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
"industrial" within the meaning of such law; and
WHEREAS, Craig Edman employed by the Agency in the
position of Fire Engineer was retired from the Agency effective
May 30, 1991; and
WHEREAS, Craig Edman on or about June 7, 1991, filed an
Application for Disability Retirement with the Public Employees'
retirement System, and the Public Employees' Retirement System
requested the Agency on or about June 24, 1991, to make a
determination regarding the disability retirement of Craig
Edman; and
WHEREAS, by letter dated July 22, 1991, Bruce V.
Malkenhorst, the City AdministratorlCity Clerk, notified Craig
Edman 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 to such alleged
disability; and
WHEREAS, such 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 Craig Edman is incapacitated
within the meaning of the Public Employees' Retirement Law from
the performance of his duties in the position of Fire Engineer
in the Vernon Fire Department.
SECTION 2: That the city of Vernon hereby finds and
determines that such disability is non-industrial and not 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 craig Edman 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 Dr. Marvin R. Kaplan and
Dr. William F. Bierer that Craig Edman is unable to
substantially perform the duties of his position as Fire
Engineer and therefor should be retired and that the permanent
and stationary date for retirement purposes will be October 4,
1990, and that Craig Edman was retired effective May 30, 1991.
SECTION 4: The City Clerk of the City of Vernon shall
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1 certify to the passage of this resolution and thereupon and
2 thereafter the same shall be in full force and effect.
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BRUCE V.
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APPROVED AND ADOPTED this 6th day of August, 1991.
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-- ~ONIS c. G, May r
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5967, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly
held on Tuesday, Auqust 6. 1991, and thereafter was duly signed
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by the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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