Resolution No. 6209
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RESOLUTION NO. 6209
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DENYING THE DISABILITY RETIREMENT OF
GERALD K. LOHRKE, 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
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6 "Agency") is a contracting agency of the Public Employees'
7 Retirement System; and
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WHEREAS, the Public Employees' Retirement Law requires
9 that a contracting agency determine whether an employee of such
10 agency in employment in which he is classified as a local safety
II member is physically or mentally incapacitated to perform his duties
12 for purposes of the Public Employees' Retirement Law; and
13 WHEREAS, Gerald K. Lohrke, employed by the Agency in the
14 position of Fire Engineer, on or about August 13, 1992 filed an
15 application for disability retirement with the Public Employees'
16 Retirement System, and the Public Employees' Retirement System
17 requested the Agency, on or about September 11, 1992, to make a
18 determination regarding whether Gerald K. Lohrke was incapacitated
19 for the performance of his duties and therefore eligible to retire
20 for disability; and
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WHEREAS, by letter dated December 29, 1992, Bruce V.
22 Ma1kenhorst, the City Administrator, notified Gerald K. Lohrke that
23 unless Mr. Lohrke submitted documentation to justify approval by the
24 ci ty Council of his request for disability retirement, he would
25 recommend to the City Council that said request be denied; and
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WHEREAS, the ci ty Council of the ci ty of Vernon has
27 reviewed medical evidence and other evidence relevant to whether Mr.
28 Lohrke was incapacitated.
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I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
4 finds and determines that Gerald K. Lohrke is not incapacitated
5 within the meaning of the Public Employees' Retirement Law for the
6 performance of his duties in the position of Fire Engineer.
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SECTION 2: The City Council of the city of Vernon hereby
8 denies the application of Gerald K. Lohrke for disability
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retirement.
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SECTION 3: The City Clerk shall notify Gerald K. Lohrke
II of the City Council's determination and of the denial of his
12 application.
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SECTION 4: The City Clerk of the city of Vernon shall
14 certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 2nd day of February, 1993.
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ATTEST:
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~ EONIS C. MALB ,G, May
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21 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, ci ty Clerk of the ci ty of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6209, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held on
Tuesday, February 2, 1993, and thereafter was duly signed by the
Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W_ MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
DA VID B. BREARLEY
City Attorney
FAX: (818) 330-5818
VICTOR H. V AITS
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
LARRY SP ADT
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In Reply Refer 10:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
February 3, 1993
Mr. Gerald K. LOhrke
7441 Puerto Rico
La Palma, California 90620
Re: Disability Determination by the City Council
and Appeal Procedure
Dear Mr. Lohrke:
After conclusion of the hearing to determine your disability
retirement request on February 2, 1993, the City Council has
determined that your request for disability retirement is denied.
You may appeal this determination in accordance with Government Code
Section 21025, but any such appeal must be made within fifteen (15)
days from the date of this letter.
To make such appeal, you must file a request for rehearing by the
City Council directly with me, and a written statement of the issues
upon which rehearing is sought must accompany your request.
within fifteen (15) days after your request is filed, city staff will
provide you with a response. within thirty (30) days after City
staff provides said response, it will be presented to the City
Council. The City Council will decide whether to grant rehearing on
any of the issues.
If rehearing is granted, such rehearing shall take place before the
city Council within fifteen (15) days after the decision to grant
such a rehearing. If rehearing is not granted, your request shall
constitute a notice of appeal, and your written statement of issues
shall constitute a statement of appeal issues.
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Mr. Gerald K. Lohrke
Re: Disability Determination
February 3, 1993
Page 2
Pursuant to Government Code Section 21025, an appeal hearing shall be
arranged before an administrative law judge of the California .Office
of Administrative Hearings. The administrative law judge will notify
you and the City of the hearing procedures and the date, time and
place of the hearing.
If you have any further questions regarding this matter, please do
not hesitate to call me.
Very truly yours,
CITY OF VERNON
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S~L~~e u.ma -~ -
.. Bruce V. Malkenhors ~0iJ
City Administrator/City Clerk
BVM/hr
cc: David B. Brearley
City Attorney
Joan Francone
Risk Manager