Resolution No. 6785
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RESOLUTION NO. 6785
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING THE DISABILITY RETIREMENT OF
MARK A. MOEN, 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, on or about March 25, 1996, Mark A. Moen,
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employed by the Agency in the position of Police Sergeant, filed
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an application for disability retirement with the Public
Employees' Retirement System, and the Public Employees' Retirement
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System requested the Agency, on or about April 11, 1996, to make a
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determination regarding whether Mark A. Moen was incapacitated for
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the performance of his duties and therefore eligible to retire for
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disability; and
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WHEREAS, by letter dated April 22, 1996, Bruce V.
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Malkenhorst, the City Administrator, notified Mark A. Moen, that
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the matter of his orthopedic disability retirement based on the
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findings contained in the medical reports would be considered by
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the City 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. Moen 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 Mark A. Moen is incapacitated within the
meaning of the Public Employees' Retirement Law for the
performance of his duties in the position of Police Sergeant in
the Vernon Police Department.
SECTION 2: The City Council of the City of Vernon hereby
finds and determines that such orthopedic 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 Mark A. Moen 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. William W.
Brien, an orthopedic surgeon, that Mark A. Moen is unable to
substantially perform the duties of his position as a Police
Sergeant and therefore should be retired. The city Council
further determines that the permanent and stationary date for
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retirement purposes is April 1, 1996, that the last day Mark A.
Moen was on the City's payroll was March 31, 1996, that Mr. Moen
retired effective April 1, 1996, and that no dispute as to the
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expiration of such leave rights is pending.
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SECTION 4: The City Council further determines that
advanced disability payments will be and have been made to Mr.
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SECTION 5: The City Clerk shall notify Mark A. Moen of
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SECTION 6: The City Clerk of the City of Vernon shall
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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 7th day of May, 1996.
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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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. 6785, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, Mav 7. 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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