Resolution No. 6576
.:'"
~.
1
RESOLUTION NO. 6576
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DENYING THE DISABILITY RETIREMENT OF
THOMAS M. PAVLOV SKY , A LOCAL SAFETY MEMBER
EMPLOYED BY THE CITY OF VERNON (Government Code
Sections 21024 and 21025)
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
10 that a contracting agency determine whether an employee of such
11 agency in employment in which he is classified as a local safety
12 member is physically or mentally incapacitated to perform his
13 duties for purposes of the Public Employees' Retirement Law; and
14 WHEREAS, Thomas M. Pavlovsky, employed by the Agency in
15 the position of Captain, Fire Department, on or about June 10,
16 1994, filed an application for disability retirement with the
17 Public Employees' Retirement System, and the Public Employees'
18 Retirement System requested the Agency, on or about August 1,
19 1994, to make a determination regarding whether Mr. Pavlovsky was
20 incapacitated for the performance of his duties and therefore
21 eligible to retire for disability; and
22 WHEREAS, by letter dated December 19, 1994, Bruce V.
23 Malkenhorst, the City Administratorj notified Thomas M. Pavlovsky
24 that, unless Mr. Pavlovsky submitted documentation to justify
25 approval by the City Council of his request for disability
26 retirement, he would recommend to the City Council that said
27 request be denied; and
28 WHEREAS, Thomas M. Pav10vsky has not provided any
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
medical information to support his claim of disability in his
application for disability retirement; and
WHEREAS, the City council of the City of Vernon has
reviewed medical evidence and other evidence relevant to Mr.
Pavlovsky's incapacity to perform his duties; and
WHEREAS, the City council of the City of Vernon has
reviewed evidence both as to whether any incapacity was industrial
and as to whether any third-party liability is possible with
respect to any incapacity.
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 Thomas M. Pavlovsky is not
incapacitated within the meaning of the Public Employees'
Retirement Law for the performance of his duties in the position
of captain in the Vernon Fire Department.
SECTION 2: The City council of the City of Vernon
hereby denies the application of Thomas M. Pavlovsky for
disability retirement.
SECTION 3: The City Clerk shall notify Thomas M.
Pavlovsky and the Public Employee Retirement System of the City
Council's determination denying his application for disability
retirement.
III
/11
III
II/
-2-
1
..
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
2
3
thereafter the same shall be in full force and effect.
4
5
6
7
8
ATTE~. ./
/' ':5_
BRUCE V.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APPROVED AND ADOPTED this 17th day of January, 1995.
_/#~
MALKENHORST, City Clerk
-3-
~~'
LEONIS C. MAL G, Ma r
~
..
1
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
2
3
I, BRUCE V. MALKENHORST, City Clerk of the City of
4
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6576, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
5
6
7
on Tuesday, January 17, 1995, and thereafter was duly signed by
8
the Mayor of the City of Vernon.
. # .. /,/A{~:;;p ~ /
/~t/" ~ ~.~.
BRUCE V. MALKENHORST, City Clerk
9
10
11
12 (SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-