Resolution No. 2011-008RESOLUTION NO. 2011-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON PURSUANT TO GOVERNMENT CODE SECTION 21156
DENYING AN APPLICATION FOR AN INDUSTRIAL DISABILITY
RETIREMENT BY DANIEL O'NEIL
WHEREAS, the City of Vernon (hereafter referred to as "City")
is a contracting agency of the Public Employees' Retirement System; and
WHEREAS, the California 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
member is disable for purposes of the California Public Employees'
Retirement Law and whether such disability is "industrial" within the
meaning of such Law; and
WHEREAS, an application for industrial disability retirement
of Daniel O'Neil employed by the City in the position of police officer
has been filed with the California Public Employees' Retirement System;
and
WHEREAS, the City Council of the City of Vernon has reviewed
the medical and other evidence relevant to such alleged disability.
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 the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
finds and determines that Daniel O'Neil is not incapacitated within the
meaning of the California Public Employees' Retirement Law (Government
Code section 20000, et seq.) for performance of his duties in the
position of police officer.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 3rd day of January, 2011.
Name: _i,t'�rio Gonzales
Title: Mayor
AST:
TTX.. _
Willard G. Y
chi, ity Clerk
PA
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-08, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, January 3, 2011,'and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this -f- day of January, 2011, at Vernon, California.
Willar8 G. a aguc City Clerk
(SEAL)
3
STAFF REPORT
Risk Management
DATE: December 15, 2010
TO: Honorable Mayor and City Council
FROM: Willard G. Yamaguchi, Risk Manager Vb
RE: Dan O'Neil
Disability Application
RECEIVED
DEC 2 8 2010
CITY CLERK'S OFFICE
Retired police officer Dan O'Neil filed a disability retirement application with CalPERS.
Recommendation
I recommend that the council pass a resolution opposing O'Neil's application on the basis that
questions remain as to what extent he suffered industrial versus non -industrial injuries and
whether said injuries would give rise to him to receive disability retirement benefits.
cy 6/%- 6
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
January 10, 2011
SENT BY CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. Daniel O'Neil
3223 W Niblick Drive
Park City, Utah 84098
Re: City's Decision on Your Ca1PERS Industrial Disability Retirement Application
Dear Mr. O'Neil:
The City has denied your application for an Industrial Disability Retirement from the California
Public Employees' Retirement System ("Ca1PERS"). The City's decision was reached after a
careful and thorough review of the medical and other evidence related to your application.
Enclosed is' a copy of the paperwork that the City sent to Ca1PERS relating to your application.
for an industrial disability retirement, which includes the City's determination letter to CalPERS
and City Resolution No. 2011-08 which sets forth the City's determination.
You have thirty (30) days from the date of mailing of this letter to submit to the City a written
appeal of this decision. You can request an extension of this deadline before it expires. The City
may grant an extension of up to thirty (30) days if good cause exists to grant the extension. The
administrative hearing on your appeal, if you file one, will be conducted in accordance with the
Administrative Procedures Act, Government Code section 11500, et seq., before an
administrative law judge.
Should you have any questions or concerns, please do not hesitate to contact me.
VFClerk
WGU I
C
Enclosures
Excfusive(y Industriaf
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
January 10, 2011
Marylin Keller
Ca1PERS Benefit Services Division
Disability Retirement Section
P.O. Box 2796
Sacramento, CA 95812-2796
Re: Daniel O'Neil
Social Security No. 558-31-4320
City of Vernon, Employer Code 0209 - Group Code 75001
Pursuant to the authority delegated to the City Council of the City of Vernon pursuant to
Government Code Section 21156, and after review of medical and other evidence relevant
thereto, the City has hereby determined that Daniel O'Neil, a local safety member of the
California Public Employees' Retirement System ("CalPERS"), employed by the City of
Vernon, California, is not incapacitated physically or mentally within the meaning of the Public
Employees' Retirement Law from performance of his usual duties in the position of Police
Sergeant..
A certified copy of copy of Resolution No. 2011-08 regarding the City's determination on Mr.
O'Neil's application for an industrial disability retirement is attached hereto.
Ver truly yours,
WILLARD G. A AG HI
City Clerk
Enclosure
cc: Daniel O'Neil
E)QAsivefy Industfiaf
CERTIFICATE
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES)
I, Willard Yamaguchi, 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. 2011-08 - A Resolution of the City
Council of the City of Vernon Pursuant to Government
Code Section 21156 Denying an Application for an
Industrial Disability Retirement by Daniel O'Neil
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the.official Seal of the City o Vernon, County of Los Angeles,
State of California, on this day of January 2011.
SEAL: