Resolution No. 6284
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RESOLUTION NO. 6284
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING THE DISABILITY RETIREMENT OF J.
R. WINFREY, 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
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"Agency") is a contracting agency of the Public Employees'
Retirement System; and
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WHEREAS, the Public Employees' Retirement Law requires
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that a contracting agency determine whether an employee of such
agency in employment in which he is classified as a local safety
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member is physically or mentally incapacitated to perform his duties
for purposes of the Public Employees' Retirement Law; and
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WHEREAS, J .R. Winfrey, employed by the Agency in the
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position of Fire captain, on or about April 19, 1993, filed an
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application for disability retirement with the Public Employees'
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Retirement System, and the Public Employees' Retirement System
requested the Agency, on or about May 7, 1993, to make a
determination regarding whether J.R. Winfrey was incapacitated for
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the performance of his duties and therefore eligible to retire for
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disability; and
WHEREAS, by letter dated June 3, 1993, Bruce V.
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Malkenhorst, the City Administrator, notified J.R. Winfrey that the
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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 evidence and other evidence relevant to whether
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Mr. Winfrey was incapacitated; and
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1 WHEREAS, the City Council of the City of Vernon has
2 reviewed evidence both as to whether any incapacity was industrial
3 and as to whether any third-party liability is possible with respect
4 to any incapacity.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
6 CITY OF VERNON AS FOLLOWS:
7 SECTION 1: The City Council of the City of Vernon hereby
8 finds and determines that J.R. Winfrey is incapacitated within the
9 meaning of the Public Employees' Retirement Law for the performance
10 of his duties in the position of Fire captain in the Vernon Fire
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12 SECTION 2: The City Council of the City of Vernon hereby
13 finds and determines that such disability is industrial, in that it
14 is the result of injury or disease arising out of and in the course
15 of employment, that neither the City Council of the City of Vernon
16 nor J.R. Winfrey has applied to the Workers' Compensation Appeals
17 Board for a determination pursuant to section 21026 whether such
18 alleged disability is industrial and that there is no third-party
19 liability in this case.
20 SECTION 3: The City Council of the City of Vernon hereby
21 determines from the orthopedic report of Dr. Lawrence R. Walker, the
22 treating physician, that J.R. Winfrey is unable to substantially
23 perform the duties of his position as Fire captain, and therefore
24 should be retired. The City Council further determines that the Dr.
25 Walker rated Mr. Winfrey's condition as permanent and stationary on
26 November 5, 1992, and that the effective date for J.R. Winfrey's
27 retirement was May 16, 1993.
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SECTION 4: The City Clerk shall notify J.R. winfrey of
2 the City Council's determination granting his application for
3 disability retirement.
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SECTION 5: The City Clerk shall certify to the passage of
5 this resolution, and thereupon and thereafter the same shall be in
6 full force and effect.
7 APPROVED AND ADOPTED this 6th day of July, 1993.
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A?C- /H~
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the city of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6284, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly held on
7 Tuesday, July 6, 1993, and thereafter was duly signed by the Mayor
8 of the City of Vernon.
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BRUCE V. MALKENHORST, city Clerk
(SEAL)
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