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Resolution No. 2014-004RESOLUTION NO. 2014-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DENYING THE APPLICATION FOR AN INDUSTRIAL DISABILITY RETIREMENT BY STEVE WILES 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 Steve Wiles, 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 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 Steve Wiles is not incapacitated within the meaning of the California Public Employees' Retirement Law (Government Code section 20000, et seq.) for performance of his usual duties in the position of Police Officer. SECTION 4: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 18th day of February, 2014. ATTEST: A Barcia / Deputy City Clerk APPROVED AS TO FORM: Name: W• Michael McCormick Title: Mayor ly Zayn Noussa, Deputy City Attorney - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I Arid Barcia Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-04, 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, February 18, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this CN day of February, 2014 at Vernon, California. (SEAL) Ari arC S -Eitp—I Deputy City Clerk - 3 - TRANSMITTAL COMMUNICATION CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I,.Ana Barcia,.Deputy City Clerk of the City of Vernon, Cbunty.o.f Los Angeles,,. State of Cali,orhia,, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2014-04 - A Resolution of the City Council of the City of Vernon Denying the Application for an Industrial Disability Retirement by Steve Wiles Pursuant to Government Code Section 21156 IN WITNESS 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 day of February 2014. SEAL: Ana B rc' Deputy City Clerk 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 19, 2014 Marilyn Keller Ca1PERS Benefit Services Division Disability Retirement Section P.O. Box 2796 Sacramento, CA 95812-2796 RE: Steve Wiles, Police Officer — 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 Steve Wiles, 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 officer for the City within the meaning of the Public Employees' Retirement Law. Please find enclosed a certified copy of Resolution No. 2014-04 regarding the City's determination on Mr. Wiles' application for an industrial disability retirement. Very truly yours, Deborah R.Juarez Records Management Assistant Enclosure c: Teresa McAllister Steve Wiles E�Ccfusivefy Industrid STAFF REPORT RECEIVED FEB 12 2014 CITY CLERK'S OFFICE FEB p iH "t01�o GO 1\0016ARklm STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: February 18, 2014 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 STEVE WILES PURSUANT TO GOVERNMENT CODE SECTION 21156 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 Industrial Disability Retirement, pursuant to Government Code section 21156, based on insufficient medical evidence that Mr. Wiles is substantially incapacitated from the performance of his usual and customary duties as a Police Officer for the City of Vernon. Background Mr. Wiles was hired as a Police Officer by the City of Vernon on May 21, 1990; Mr. Wiles retired, as a Police Officer, on May 31, 2012. On June 18, 2012, the City of Vernon received notice that Mr. Wiles 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 CalPERS. At the request of Mr. Wiles, the City honored several extensions of time in order for him to obtain and submit necessary medical reports to assist the City in its determination of the IDR application. To date, the City has only received Workers Compensation medical information from an injury sustained by the applicant on April 18, 2011. None of the records provided indicate that Mr. Wiles is permanently incapacitated from performing his former duties. The records provided either make no determination on the permanent incapacitation issue or provide prophylactic work restrictions, which are generally insufficient to find an employee presently incapacitated for purposes of a PERS disability retirement. In addition, after a review of all medical reports, there is insufficient proof and lack of medical information to support a finding that Mr. Wiles 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. Wiles 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 Officer. Based upon the insufficiency of evidence for Mr. Wiles' IDR application, City staff is recommending that the City Council deny Mr. Wiles' application for an Industrial Disability Retirement.