Resolution No. 6609
('
.
{
1
RESOLUTION NO .6609
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON REPEALING RESOLUTION NO. 6210 AND
GRANTING THE DISABILITY RETIREMENT OF DONALD
GLAZE, 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
8
"Agency") is a contracting agency of the Public Employees'
Retirement System; and
9
WHEREAS, the Public Employees' Retirement Law requires
10
11
that a contracting agency determine whether an employee of such
agency in employment in which he is classified as a local safety
member is physically or mentally incapacitated to perform his duties
12
13
for purposes of the Public Employees' Retirement Law; and
14
WHEREAS, Donald Glaze, employed by the Agency in the
15
position of Firefighter, on or about June 1, 1992, filed an
16
application for disability retirement with the Public Employees'
Retirement System, and the Public Employees' Retirement System
17
18
requested the Agency, on or about June 9, 1992, to make a
19
determination regarding whether Donald Glaze was incapacitated for
20
21
the performance of his duties and therefore eligible to retire for
disability; and
22
23
WHEREAS, by letter dated December 29, 1992, Bruce V.
Malkenhorst, the City Administrator, notified Donald Glaze that the
matter of his disability retirement based on the findings contained
in the medical reports would be considered by the city Council; and
24
25
26
WHEREAS, after the conclusion of the hearing to determine
27
Donald Glaze's disability request, the city Council of the city of
Vernon adopted Resolution No. 6210 effective February 2, 1993, which
28
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
..
'.
-2-
J..
"
...
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
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
find it necessary to repeal Resolution No. 6210 denying the
disability retirement of Donald Glaze.
SECTION 2: The City Council of the city of Vernon hereby
finds and determines that Donald Glaze is incapacitated within the
meaning of the Public Employees' Retirement Law for the performance
of his duties in the position of Firefighter in the Vernon Fire
Department.
SECTION 3: The City council of the City of Vernon hereby
finds and determines that such disability is industrial, in that it
is the result of injury or disease arising out of and in the course
of employment, that neither the City Council of the city of Vernon
nor Donald Glaze has applied to the Workers' Compensation Appeals
Board for a determination pursuant to Section 21026 whether such
alleged disability is industrial, and that there is no possibility
of third-party liability in this case.
SECTION 4: The City Council of the City of Vernon hereby
determines from the May 17, 1993, report of Dr. Earl Feiwell, the
Agreed Medical Examiner in Mr. Glaze's workers' compensation case,
as well as the October 5, 1993 deposition of Dr. Feiwell, that
Donald Glaze is unable to substantially perform the duties of his
position as Firefighter and therefore should be retired. The City
Council further determines that the permanent and stationary date
for retirement purposes is May 17, 1993, and that Donald Glaze
retired effective October 17, 1992.
III
-3-
... '
I
SECTION 5: The City Clerk shall notify Donald Glaze of
the City council's determination granting his application for
disability retirement.
2
3
4
SECTION 6: The City Clerk of the city of Vernon shall
5
certify to the passage of this resolution and .thereupon and
thereafter the same shall be in full force and effect.
6
7
APPROVED AND ADOPTED this 18th day of April, 1995.
j~;~
8
9
10 A~/~U~
11 BRUCE V. MALKENHORST, City Clerk
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-
. .
,.
.." 'Ii
1
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
2
3
4
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
No. 6609, was duly adopted by the city Council of the City of Vernon
at a regular meeting of the City council duly held on Tuesday,
April 18, 1995, and thereafter was duly signed by the Mayor of the
City of Vernon.
5
6
7
8
9
10
11
BRUCE V. MALKENHORST, City Clerk
12
(SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-
CITY COUNCIL
LEON IS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wrn. "BILL" DAVIS
Councilman
H, "LARRY" GONZALES
Councilman
W, NlICHAEL McCORMICK
Councilman
CITY HALL
BRUCE V. MALKENHORST
City Administratq,WCity Clerk
FAX: (213) 581-7924
.
-
DAVID B. BREARLEY
City Attorney
FAX: (818)~5818
S, KEVIN WILSON
Acting Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANfZ
Police Chief
FAX: (213)581-1178
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
April 25,
J ,
, ,
Benefits Services Division
California Public Employees'
f Retirement System
P.O. Box 2796
Sacramento, CA 95812-2796
RE: Disability Retirement Determination - Donald Glaze
SS# 553-50-6722
Gentlemen:
On June 9, 1992, you requested, pursuant to Government Code section
21024, that the City Council of the City of Vernon make a determination
regarding whether Donald Glaze, a local safety member employed by the
city of Vernon, is physically or mentally incapacitated to perform
duties and, therefore, eligible to retire for disability.
On February 2, 1993, the City Council of the city of Vernon determined
that Donald Glaze was not incapacitated for the performance of duties
based upon the review of the medical evidence and other evidence rele-
vant to Donald Glaze and adopted Resolution No. 6210.' Mr. Glaze and
his attorney appealed the City Council's decision in a timely manner in
accordance with Government Code section 21025.
The City Council has reviewed additional medical evidence and other
evidence relevant to whether Donald Glaze is incapacitated for the
performance of duties and determined that he is incapacitated by
adopting Resolution No. 6609, a certified copy of which is enclosed
herein.
Ve~~ truly .yO~.S '....
ex ();/ \
WPat~ o'jsco jUt:,)
Chief Depu~-city Clerk
cc: Personnel Assistant
City Attorney
CIS File
@