Resolution No. 81351
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RESOLUTION NO. 8135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING THE DISABILITY RETIREMENT OF PENNY
TURNER, A LOCAL SAFETY MEMBER EMPLOYED BY: THE CITY
OF VERNON (Government Code Sections 21154 and
21156)
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/she is classified as a local safety member is
physically or mentally incapacitated to perform his duties for purposes
of the Public Employees' Retirement Law; and
WHEREAS, by Minute Order on January 22, 2003, the Agency
approved advanced disability pension payments to Penny Turner employed
by the Agency in the position of Sergeant in the Vernon Police
Department; and
WHEREAS, the Agency, pursuant to Government Code Section
21152(c), applied to the Public Employees' Retirement System ("PERS")
on behalf of Ms. Turner for disability retirement on December 17, 2002;
and
WHEREAS, by letter dated January 15, 2003, Bruce V.
Malkenhorst, City Administrator, notified Ms. Turner that the matter of
her disability retirement would be considered by the City Council; and
WHEREAS, the City Council of the City of Vernon has reviewed
medical evidence and other evidence relevant to whether Ms. Turner was
incapacitated.
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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 Penny Turner is disabled within the meaning
of the Public Employees' Retirement Law from the performance of her
duties in the position of Sergeant in the Vernon Police Department.
SECTION 2: The City Council of the City of Vernon hereby
finds and determines that such disabilities are industrial, in that they
are 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 Ms.
Turner has applied to the Workers' Compensation Appeals Board for a
determination pursuant to Government Code Section 21166 to determine
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 that, based upon the report of Dr. Richard Woods dated
October 16, 2002 and subsequent Functional Capacity Evaluation, a
diagnostic study performed on November 19, 2002 to concur with the
October 16 report, Ms. Turner is unable to perform the essential job
function of her position as a Sergeant in the Vernon Police Department,
that no appropriate reasonable accommodation can be made to do so and
that the permanent and stationary date for retirement purposes is
October 16, 2002. The City Council therefore determines that Ms. Turner
should be retired. The last day Penny Turner was on the City's payroll
was December 23, 2002.
SECTION 4: The City Clerk shall notify Ms. Turner of the
City Council's determination granting her application for disability
retirement
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1 SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 5tn day of February, 2003.
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6
EONIS C. MAL URG, Ma or
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8 ATTEST:
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11 BRUCE V. MALKENHORST, City Clerk
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1 s• ' t '
STATE OF CALIFORNIA )
ss
COUNTY OF,LOS ANGELES }
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being'Resolution No.
8135, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, February 5,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
FAW
SUPPORTING
DOCUMENTS
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. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
t fD
ED 130 OLIVO
(� City Attorney
AX: (562) 869-1883
e
KEVIN WILSON
k L irector of Community Services & Water
FAX: (323) 826-1435
a
IiIII.ArLL'
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 15, 2003
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
���u3ao•`��
On December 17, 2002, the City applied for an Industrial Disability
Retirement with the Public Employees Retirement System (PERS) on
behalf of Penny Turner under Government code 21152 (c) which states
that an application to the board for retirement of a member for
disability may be made by the governing body or an official designated
by the governing body, of the contracting agency. Ms. Penny Turner
was hired by the City of Vernon as a Police Officer on September 19,
1988. During her employment she suffered work -related injuries to
various parts of her body including her left elbow and left wrist.
On a medical examination report, dated October 16, 2002, submitted by
Dr. Woods, it has been determined that for the left upper extremity,
Ms. Turner is precluded from heavy lifting, forceful grasping,
repetitive pushing and pulling, and repetitive torquing. A functional
capacity evaluation was performed November 19, 2002. The results of
the evaluation indicate she is unable to meet the job requirements for
a Police Officer or Police Sergeant. One hundred percent (100%) of
her symptomatology and disability would be due to her job duties as a
Police Officer with the City of Vernon. She is permanent and
stationary as of October 16, 2002.
This has been reviewed by our Risk Manager and it is hereby
recommended that the City Council approve Ms. Penny Turner's
Industrial Disability Retirement Application and issuance of advanced
disability pension payments in the amount of $3,549.00 to be paid
monthly beginning January 23, 2003.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
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CONFIDENTIAL
MEMORANDUM
RISK MANAGEMENT/PERSONNEL -
TO: Bruce V. Malkenhorst, City Administrator
F �( ROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: January 6, 2003 V
SUBJECT: Industrial Disability Retirement - Police Sergeant Penny Turner
On December 17, 2002, the City applied for an Industrial Disability Retirement with the Public
Employees Retirement System (PERS) on behalf of Penny Turner under Government Code
21152 (c) which states that an application to the board for retirement of a member for disability
may be made by the governing body or an official designated by the governing body, of the
contracting agency.
Penny Turner was hired by the City of Vernon as a Police Officer on September 19, 1988.
During her employment she suffered work -related injuries to various parts of her body including
her left elbow and left wrist.
S een represented by Steven E. Kaye from the law fi n er. The
City has been repr r. aye and Mr. Tharpe agreed to use the
services o oods, M.D. in t e c examiner. Dr. Woods
is t wally saw her for orthopedic Agreed Medical Examination on March 28, 2001.
av-a— HtA�r+�..0 %6
S medical examination report dated October 16, 2002, W Wood rmined that for the
left upper extremity, Ms. Turner is precluded from heavy lifting, forceful grasping, repetitive
pushing and pulling, and repetitive torquing. A functional capacity evaluation was performed
November 19, 2002. The results of the evaluation indicate she is unable to meet the job
requirements for a Police Officer or Police Sergeant. One hundred percent (100%) of her
symptomatology and disability would be due to her job duties as a Police Officer with the City of
Vernon. She is permanent and stationary as of October 16, 2002. {�
Based on the above it is recommended that Penny Turner receive an Industrial Disability
Retirement as a result of her orthopedic, work related injuries.
There is no possibility of third parry liability in this matter.
Until Penny Turner begins receiving her retirement benefits directly from PERS, the city should
make advanced disability pension payments in accordance with Labor Code 4850.4. When PERS
begins paying the disability retirement allowance, the amount advanced will be deducted from
the retroactive portion of Sergeant Turners retirement allowance and reimbursed to the City.
Advanced disability pension payments may not exceed 50% of the average monthly pay rate for
the last three years prior to retirement. According to Sergeant Turner's payroll records this
amounts to $3549. Her last day on payroll was December 23, 2002.
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JF/cc
cc: City Attorney
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