Resolution No. 6768
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RESOLUTION NO. 6768
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING THE DISABILITY RETIREMENT OF
ROBERT W. BEAUDETTE, 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
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
WHEREAS, Robert W. Beaudette, employed by the Agency in
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the position of Fire Engineer, on or about September 14, 1995,
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filed an application for disability retirement with the Public
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Employees' Retirement System, and the Public Employees' Retirement
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System requested the Agency, on or about January 29, 1996, to make
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a determination regarding whether Robert W. Beaudette was
incapacitated for the performance of his duties and therefore
eligible to retire for disability; and
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WHEREAS, by letter dated March 28, 1996, Bruce V.
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Malkenhorst, the City Administrator, notified Robert W. Beaudette
that the matter of his disability retirement based on the findings
contained in the medical reports would be considered by the City
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Council; and
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WHEREAS, the City Council of the City of Vernon has
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reviewed medical evidence and other evidence relevant to whether
Mr. Beaudette was incapacitated; 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 Robert W. Beaudette is incapacitated
within the meaning of the Public Employees' Retirement Law for the
performance of his duties in the position of Fire Engineer in the
Vernon Fire Department.
SECTION 2: 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 Robert W. Beaudette 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 3: The City Council of the City of Vernon hereby
determines from the orthopedic evaluation report of Dr. Lynn E.
Wilson, an orthopedic surgeon, that Robert W. Beaudette is unable
to substantially perform the duties of his position as Fire
Engineer and therefore should be retired. The City Council
further determines that the permanent and stationary date for
retirement purposes is February 17, 1996, that the last day Robert
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w. Beaudette was on the City's payroll was February 17, 1996, and
that Mr. Beaudette retired effective February 17, 1996.
SECTION 4: The City Clerk shall notify Robert w.
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SECTION 5: The City Clerk of the City of Vernon shall
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8 thereafter the same shall be in full force and effect.
9 APPROVED AND ADOPTED this 2nd day of April, 1996.
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BRUCE V.
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MALKENHORST, C1ty Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6768, 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 2. 1996, and thereafter was duly signed by the
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Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro- Tem
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
CITY HALL
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
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DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
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 ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
April 9, 1996
California PERS
Benefits Application Services Division
P.O. Box 2796
Sacramento, CA 95812-2796
ATT: Cheryl Salvador,
Disability Determination Section
RE: Determination of Disability Retirement - Robert W. Beaudette
SS# 566-44-0110
Gentlemen:
Qn January 17, 1996, you requested, pursuant to Government Code Section
21024, that the City Council of the City of Vernon make a determination
regarding whether Robert W. Beaudette, 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 April 2, 1996, the City Council reviewed the medical evidence and
other evidence relevant to whether Robert W. Beaudette is incapacitated
for the performance of duties and determined that he is incapacitated
by adopting Resolution No. 6768, a certified copy of which is enclosed
herein.
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California PERS
Benefits Application Services Division
April 9, 1996
page 2
Pursuant to Government Code Section 21025, the City Council hereby
notifies you of its determination that Robert W. Beaudette is incapaci-
tated,
Very truly yours,
VERNON
BVM/gjo
enc.
cc: J. Francone, Risk Manager
D. Brearley, City Attorney
:PERSOKDSb.lty
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CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ~
CITY OF VERNON )
I, Gloria. J. Orosco, Chief Deputy City Clerk of the City of
Vernon, County of Los Angeles, State of California, do hereby
certify that the attached is a true and correct copy of:
RESOLUTION NO. 6768 - A Resolution of the City
Council of the City of Vernon Granting the Disability
Retirement of Robert W, Beaudette, A Local Safety
Member Employed by the City of Vernon (Government
Code Sections 21024 and 21025)
The original is on file in the office of the City Clerk of the City
of Vernon, said offices being in the City of Vernon, County of Los
Angeles, State of California,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Vernon, County of Los Angeles,
State of California, this 9th day of April, 1996.
SEAL:
Clerk
:Crtficat
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Counci1man
,
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
Oty'Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
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DAVID B. BREARLEY
Oty Attorney
FAX: (818) 330-5818
S. KEVIN WILSON
Acting Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of tight & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
April 9, 1996
Mr. Robert Beaudette
571 Wall Street
La Habra, CA 90631
RE: Disabili;~e]rrmination by the City Council
Dear ~~
After review of the information provided to the City Council on April 2,
1996, to determine your disability retirement request they have deemed
that your application for industrial disability retirement is granted.
The City Council made this determination through the adoption of Reso-
lution No. 6768 (copy enclosed) .
If you have any further questions regarding this matter, please contact
Joan Francone, Risk Manager.
Very truly yours,
If
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CItrCRNO~ IJ~
~a J. ' ~co
. Chief Depu~O~ity Clerk
enc.
cc: J. Francone
:DsbltyOk.Ltr
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