Resolution No. 9698l
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RESOLUTION NO. 9698
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING THE DISABILITY RETIREMENT OF JAMES
A. WOHLT, 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
disabled for purposes of the Public Employees' Retirement Law and
whether such disability is "industrial" within such meaning of such
Law; and
WHEREAS, an application for industrial disability retirement
Df James A. Wohlt employed by the Agency in the position of Police
Lieutenant in the Vernon Police Department has been filed with the
Public Employees' Retirement System ("PERS"); and
WHEREAS, on August 2, 2008, Mr. Wohlt's attorney was
notified by the City's workers' compensation attorney, Douglas
Felchlin, and on August 14, 2008, Willard Yamaguchi notified Mr. Wohit
Dy correspondence that the matter of his industrial disability
retirement would be considered by the City Council on August 18, 2008;
land
WHEREAS, the City Council of the City of Vernon has reviewed
medical and other evidence relevant to such alleged disability.
NOW, THEREFORE,' BE IT RESOLVED BY THE CITY COUNCIL OF THE
I CITY OF VERNON AS FOLLOWS:
2 SECTION 1: The City Council of the City of Vernon hereby
3 finds and determines that James A. Wohlt is incapacitated within the
4 meaning of the Public Employees' Retirement Law for performance of his
5 duties in the position of Police Lieutenant in the Vernon Police
6 Department.
7 SECTION 2: The City Council of the City of Vernon hereby
8 finds and determines that such disabilities are a result of injury or
9 disease arising out of and in the course of employment, that neither the
10 City Council of the City of Vernon nor Mr. Wohlt has applied to the
11 Workers' Compensation Appeals Board for a determination pursuant to
12 Government Code Section 21166 whether such disability is industrial, and
13 that there is not a possibility of third -party liability.
14 SECTION 3: James A. Wohlt was separated from his employment
15 in the position of Police Lieutenant after expiration of his rights
16 under Government Code Section 21164, effective February 5, 2006, and
17 that no dispute as to the expiration of such leave rights is pending.
18 His last day on pay status was February 4, 2006.
19 SECTION 4: Advanced Disability Pension Payments will be
20 made in an amount to be determined.
21 SECTION 5: The primary disabling condition is orthopedic.
22 James A. Wohlt is competent to act on his own behalf in legally
23 binding retirement matters.
24 SECTION 6: The City Clerk shall notify Mr. Wohlt of the City
25 Council's determination granting his application for industrial
26 disability retirement.
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SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 18th day of August, 2008.
Name: Hilario Gonzales
Title: r / Mayor Pro-Tem
ATTEST:
n4lt,(� &::��
MAINUELA GIRON, Ci y Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9698, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, August 18, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA N, City Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 26, 2008
TO: Willard Yamaguchi, Chief Deputy City Attorney/Risk Manager
FRO Nelly Giron, City Clerk
RE: Resolution No. 9698 - A Resolution of the City Council of
the City of Vernon Granting the Disability Retirement of
James A. Wohlt, a Local Safety Member Employed by the City
of Vernon (Government Code Sections 21154 and 21156)
Transmitted herewith is a copy of Resolution No. 9698 referenced
above, which was approved by City Council on August 18, 2008.
1
Thank you.
NG:dr
c: Avigal Horrow
Martha Valenzuela
Resolution File No. 9698
r "I
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 10, 2008
Mr. James Wohlt
Re: Disability Retirement
This letter is to inform you that your application for Industrial
Disability Retirement was approved at the Vernon City Council meeting
held August 18, 2008. A copy of Resolution No. 9698 is attached for
your records.
If you have any questions, please call Avigal Horrow, Director of
Human Resources, at 323/583-8811 ext. 315.
Sincerely,
Ne ly G r n
City Clerk
:ng
cc: Willard Yamaguchi
Resolution No. 9698
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MR. JAMES WOHLT
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4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 11, 2008
CALPERS
Benefit Services Division
Disability Retirement Section
P.O. Box 2796
Sacramento, CA 95812-2796
Re: Granting Disability Retirement of James A. Wohlt
Ladies and Gentlemen:
Transmitted herewith is a certified copy of Resolution No. 9698
regarding the above -referenced, which was approved by City Council on
August 18, 2008.
If you have any questions regarding this matter, please call Avigal
Horrow, at (323) 583-8811 ext. 315.
Very truly yours,
Ne "ly i Aon"4
City Clerk
NG:dr
c: James Wohlt
Willard Yamaguchi
Resolution No. 9698
E ,cfusive(y Industriaf
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Manuela Giron, City Clerk of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the
attached is a full and complete copy of:
RESOLUTION NO. 9698 - A Resolution of the City Council of
the City of Vernon Granting the Disability Retirement of
James A. Wohlt, a Local Safety Member Employed By the City
of Vernon (Government Code Sections 21154 and 21156)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City o//A
ernon, County of Los Angeles,
State of California, on this day of December 2008.
SEAL:
4�-
Manuela Giron
City Clerk
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No
RESOLUTION NO. 969.8
A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF
VERNON GRANTING THE DISABILITY RETIREMENT OF JAMES
A. WOHLT, 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
disabled for purposes of the Public Employees' Retirement Law and
whether such disability is "industrial" within such meaning of such
Law; and
'WHEREAS, an application for industrial disability retirement
Df James A. Wohlt employed by the Agency in the position of Police
Gieutenant•in the Vernon Police Department has been filed with the
Public Employees' Retirement System ('PERS"); and
WHEREAS, on August 2, 2008, Mr. Wohlt's attorney was
notified by the City's workers' compensation attorney, Douglas
Telchlin, and on August 14, 2008, Willard Yamaguchi notified Mr. Wohlt
)y correspondence that the matter of his industrial disability
--etirement would be considered by the City Council on August 18, 2008;
land
WHEREAS, the City Council of the City of Vernon has reviewed
medical and other evidence relevant to such.alleged disability.
NOW, THEREFORE,' BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
SECTION 1:. The City Council of the City of Vernon hereby
finds and determines that James A. Wohlt is incapacitated within the
meaning of the Public Employees' Retirement Law for performance of his
duties in the position of Police Lieutenant in the Vernon Police
(Department.
SECTION 2: The City Council of the City of Vernon hereby
finds and determines that such disabilities are a 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 Mr. Wohlt has applied to the
Workers' Compensation Appeals Board for a determination pursuant to
Government Code Section 21166 whether such disability is industrial, and
that there is not a possibility of third -party liability.
SECTION 3: James A. Wohlt was separated from his employment
in the position of Police Lieutenant after expiration of his rights
under Government Code Section 21164, effective February 5, 2006, and
that no dispute as to the expiration of such leave rights is pending.
His last day on pay status was February 4, 2006.
SECTION 4: Advanced Disability Pension Payments will be
made in an amount to be determined.
SECTION 5: The primary disabling condition is orthopedic.
James A. Wohlt is competent to act on his own behalf in legally
binding retirement matters.
SECTION 6: The City Clerk shall notify Mr. Wohlt of the 'City
Council's determination granting his application for industrial
disability retirement.
///
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SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage of.this resolution, and thereupon and
thereafter the same shall be in.full force and effect.
APPROVED AND ADOPTED this 18th day of August, 2008.
%% , .ram.,= i��-,�,,el/•%�--
Name: Hilario Gonzales
Title: iii4wr / Mayor Pro-Tem
ATTEST:
a
MANUELA GIRON,-Ci y Clerk
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9698, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, August 18, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA N, City Clerk
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