Resolution No. 2013-098RESOLUTION NO. 2013-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DENYING THE APPLICATION FOR AN INDUSTRIAL
DISABILITY RETIREMENT BY FRANCESCO PIRELLO PURSUANT
TO GOVERNMENT CODE SECTION 21156
WHEREAS, the City of Vernon (the "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 or she is classified as a local
safety member is disabled 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 Francesco Pirello, employed by the City in the position of Police
Sergeant, 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 above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality.
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
SECTION 3: The City Council of the City of Vernon hereby
finds and determines that Francesco Pirello 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 Sergeant.
SECTION 4: The Interim City Clerk, or Deputy City Clerk, of
the City of Vernon shall certify to the passage, approval and adoption
of this resolution, and the Interim City Clerk, or Deputy; City Clerk,
of the City of Vernon shall cause this resolution and the Interim City
Clerk's, or Deputy City Clerk's, certification to be entered in the
File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 19th day of November, 2013.
Dana Reed
Interim City Clerk /- y City
W. Michael McCormic
Name:
Title: Mayor / ____- r
APPROVED AS TO ,FORM:
I v
Zayn k ssa, Deputy City Attorney
- 2 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
Dana Reed
I, , Interim City Clerk /��, Cit, C?a_?=`of
the City of Vernon, do hereby certify that the foregoing Resolution,
being Resolution No. 2013-98, 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 Tuesday, November 19, 2013, and thereafter was
duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this -00 day of November, 2013 at Vernon, California.
(SEAL)
DAna Reed
Interim City Clerk i y er
- 3 -
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
November 20, 2013
Marilyn Keller
Ca1PERS Benefit Services Division
Disability Retirement Section
P.O. Box 2796
Sacramento, CA 95812-2796
RE: Francesco Pirello, Police Sergeant — Denying Application for an Industrial Disability
Retirement
Dear Ms. Keller:
Pursuant to the authority delegated to the City Council of the City of Vernon pursuant to
Government Code Section 21156, and based on competent medical evidence, the City Council of
the City of Vernon hereby finds and determines that Francesco Pirello, a local safety member of
the California Public Employees' Retirement System ("CalPERS"), is not incapacitated from the
performance of his usual and customary duties as a police sergeant for the City within the
meaning of the Public Employees' Retirement Law.
Please find enclosed a certified copy of Resolution No. 2013-98 regarding the City's
determination on Mr. Pirello's application for an industrial disability retirement.
Very truly yours,
Deborah R. Juarez
Records Management Assistant
Enclosure
c: Teresa McAllister
Francesco Pirello
Ecfusivefy Industrid
CERTIFICATE
,STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Dana Reed, Interim 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. 2013-98 - A Resolution of the City Council of
the City of Vernon Denying the Application for an Industrial
Disability Retirement by Francesco Pirello Pursuant to
Government Code Section 21156
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City Qf�Vernon, County of Los Angeles,
State of California, on this day of November 2013.
SEAL:
Dan Reed
Interim City Clerk
Ah
RECEDE®
NOV 122013 STAFF REPORT crfvADMINISNIAHi�i
CITY CLERK'S OFFICE HUMAN RESOURCES DEPARTMENT r-� /
DATE: November 19, 2013
TO: Honorable Mayor and City Council
FROM: Teresa McAllister, Director of Human Resources
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
DENYING THE APPLICATION FOR AN INDUSTRIAL DISABILITY
RETIREMENT BY FRANCESCO PIRELLO PURSUANT TO
',1Y1]J D17031 Dia 111411311 D&yROW I (OWKII-V
Recommendation
It is recommended that the City Council:
1) Find that denying the Industrial Disability Retirement Application in this staff report is
exempt under the California Environmental Quality Act (CEQA) in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have
an effect on the environment.
2) Adopt the attached resolution denying the application for an hidustrial Disability
Retirement, pursuant to government code section 21156, based on insufficient medical
evidence that Mr. Pirello is substantially incapacitated from the performance of his usual
and customary duties as a Police Sergeant for the City of Vernon.
Background
Mr. Pirello was a Police Sergeant hired by the City of Vernon on August 27, 1990; Mr. Pirello
retired under the PARS Early Retirement Program on June 27, 2013.
On July 1, 2013, the City of Vernon received notice that Mr. Pirello filed an application for an
industrial disability retirement ("IDW ). In accordance with Government Code Sections 21154
and 21156, the City is required to determine the member's disability eligibility within six months
of the IDR request. A Workers Compensation Award is not sufficient evidence that a local
safety member is disabled for retirement purposes. There must be a specific finding under
Government Code Section 21166, by the employer, with respect to the disability for which the
member will be retired. If it is determined that the member is not disabled from the performance
of his or her duties, a resolution to that effect must be submitted to Ca1PERS.
The City has only received Workers Compensation medical information from an injury sustained
by the applicant on March 4, 2011 and a continuing trauma claim filed on February 16, 2012.
The applicant continues to undergo medical attention for these claims and has not been rated as
permanent and stationary by his medical examiners. There is insufficient proof and lack of
medical information to support a finding that Mr. Pirello has in fact sustained a permanent and
stationary disability, and that said injuries would entitle him to receive disability retirement
benefits. It is therefore determined that Mr. Pirello is not substantially incapacitated within the
meaning of the CalPERS law (Government Code Section 20000, et seq.) from performance of
his duties in the position of Police Sergeant.
Based upon the lack of evidence for Mr. Pirello's IDR application, City staff is recommending
that the City Council deny Mr. Pirello's application for an Industrial Disability Retirement.
December 6, 2013
Debra R. Juarez
City of Vernon
Records Management Assistant
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Francesco Pirello, Police Sergeant- Notice of Appeal on the denied Industrial Disability
Retirement Application.
Dear Ms Juarez,
The City of Vernon is being advised that I am appealing Vernon's denial of my application for
my Industrial Disability Retirement which was approved by City Council on November 19, 2013
(Resolution No. 2013-98) post marked to my attention on November, 25°i 2013 and received in
my residential mailbox November 30, 2013.
Respectfully,
Francesco Pirello
Police Sergeant -Retired
C: Marilyn Keller
RECEIVE®
DEC 12 2013
CITY CLERK'S OFFICE