Resolution No. 7049
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RESOLUTION NO. 7049
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING THE INDUSTRIAL DISABILITY
RETIREMENT OF LOUIS ROSENKRANTZ, A LOCAL SAFETY
MEMBER EMPLOYED BY THE CITY OF VERNON
(Government Code sections 21154 and 21156)
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WHEREAS, the City of Vernon (hereinafter referred to as
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tCAgencytC) is a contracting agency of the Public Employees'
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Retirement System; and
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WHEREAS, the Public Employees' Retirement Law requires
that a contracting agency determine whether an 'employee of such
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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, Louis Rosenkrantz, employed by the Agency in the
position of Chief of Police, on or about June 2, 1997, filed an
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application for industrial 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 June 23, 1997, to make a
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determination regarding whether Louis Rosenkrantz was
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incapacitated for the performance of his duties and therefore
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eligible to retire for industrial disability; and
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WHEREAS, on November 17, 1997, the City notified Louis
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Rosenkrantz, that the matter of his disability retirement based on
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the findings contained in the medical reports would be considered
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by the City Council; and
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WHEREAS, the City Council of the City of Vernon has
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reviewed the medical evidence submitted by Louis Rosenkrantz, and
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other evidence relevant to whether Mr. Rosenkrantz 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 Louis Rosenkrantz is incapacitated
within the meaning of the Public Employees' Retirement Law for the
performance of his duties in the position of Chief of Police in
the Vernon Police 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 Louis Rosenkrantz 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 medical reports of Dr. Eugene Harris that
Louis Rosenkrantz is unable to substantially perform the duties of
his position as Chief of Police and therefore should be retired.
The City Council further determines that the permanent and
stationary date for retirement purposes is september 13, 1997,
that the last day Louis Rosenkrantz was on the City's payroll was
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September 13, 1997, and that Mr. Rosenkrantz retired effective
September 13, 1997, and that no dispute as to the expiration of
such leave rights is pending.
SECTION 4: The City Clerk shall notify Louis Rosenkrantz
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of the City Council's determination granting his application for
industrial disability retirement.
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SECTION 5: The City Clerk of the City of Vernon shall
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9 thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 18th day of November, 1997.
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ATTEST:
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15 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
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ss
COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 7049, 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, November 18, 1997, and thereafter was duly signed by
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the 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
BRUCE V. MALI<ENHORST
Oty Administrator/City Oerk
FAX: (213) 581-7924
CITY HALL
DAVID B. BREARLEY
Oty Attomey
FAX: (818) 330-5818
I<EVIN WILSON
Director of Community Services &: Water
FAX: (213) 588-2761
KENNETH J. DeDARlO
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
December 23, 1997
Board of Administration
Public Employees' Retirement System
P.O. Box 942711
Sacramento, California 94229-2711
Attention: Benefits Application Services Division
Re: Determination of Disability Retirement
of Louis S. Rosenkrantz
Dear Board of Administration:
On June 18, 1997, you requested, pursuant to Government Code
Section 21024, that the City Council of the City of Vernon make a
determination regarding whether Louis S. Rosenkrantz, 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 November 18, 1997, the City Council reviewed the medical
evidence and other evidence relevant to whether Louis S.
Rosenkrantz is incapacitated for the performance of duties and
determined that he is incapacitated, by adopting Resolution No.
7049, a certified copy of which is attached to this letter apd
incorporated herein by this reference.
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PERS Board of Administration
Re: Louis S. Rosenkrantz
December 23, 1997
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Pursuant to Government Code Section 21025, the City Council
hereby notifies you of its determination that Louis S.
Rosenkrantz is incapacitated.
Very truly yours,
CITY OF VERNON
B;fjJ~jJ{W~
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BVMlmm
Attachment
cc: Joan Francone, Risk Manager
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CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
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. 7049 - A Resolution of the
City Council of the City of Vernon Granting
the Industrial Disability Retirement of Louis
Rosenkrantz, a Local Safety Member Employed
by the City of Vernon (Government Code
Sections 21154 and 21156)
The original of same 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 WITIrESS WHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 23rd day of December, 1997.
Clerk