Resolution No. 2016-046RESOLUTION NO. 2016-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE INDUSTRIAL DISABILITY
RETIREMENT APPLICATION OF FRANCESCO M. PIRELLO, A
LOCAL SAFETY MEMBER FORMERLY 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, on July 1, 2013, the City of Vernon received notice
that an application for industrial disability retirement for Francesco
M. Pirello employed by the Agency in the position of Police Sergeant
in the Vernon Police Department was filed with the Public Employees'
Retirement System ("PERS"); and
WHEREAS, on November 19, 2013, the City Council of the City
of Vernon adopted Resolution No. 2013-98, pursuant to Government Code
section 21156, denying an application for an industrial disability
retirement by Francesco M. Pirello; and
WHEREAS, by memorandum dated August 2, 2016, the Department
of Human Resources has recommended that the City Council reconsider
their previous decision denying an industrial disability retirement
application for Francesco M. Pirello based on further medical evidence
and staff's re-evaluation of this case, and that the City Council
approve the industrial disability retirement of Francesco M. Pirello;
and
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
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") review, because it is an administrative activity that
will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a "project" as defined
by CEQA Guidelines section 15378.
SECTION 3: Based on competent medical evidence, the City
Council of the City of Vernon hereby finds and determines that
Francesco M. Pirello is substantially incapacitated from the
performance of his usual and customary duties as a police sergeant for
the City for a permanent or extended and uncertain duration within the
meaning of the Public Employees' Retirement Law.
SECTION 4: 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. Neither the
City Council of the City of Vernon nor Francesco M. Pirello 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.
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SECTION 5: Francesco M. Pirello' last day in paid status
was June 27, 2013, after exhaustion of all leaves, if any, under
Government Code Section 21164 and no dispute as to the expiration of
such leave rights exists. Francesco M. Pirello' retirement date as a
police sergeant for the City was June 27, 2013.
SECTION 6: Francesco M. Pirello is and has been receiving a
PERS service retirement effective June 28, 2013. Advanced Disability
Pension Payments will not be made.
SECTION 7: Francesco M. Pirello is competent to act on his
own behalf in legally binding retirement matters.
SECTION 8: The City Clerk shall notify Mr. Pirello of the
City Council's determination approving his application for industrial
disability retirement.
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SECTION 9: 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 2nd day of August, 2016.
a
Name: William J. Davis
Title: Mayor / May— . Dry-T� c-:-
ATTEST:
aria E. Wala
City Clerk
APPROVED AS TO FORM:
Zajjala N. Moussa, Senior Deputy City Attorney
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E . Ayala , City Clerk / DAguty_City_C-1-e-ri� of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2016-46, 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, August 2, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this �� day of August, 2016, at Vernon, California.
(SEAL)
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M ria E . At#la
City Cl rk /
TRANSMITTAL COMMUNICATION
E
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 8, 2016
Marilyn Keller
CaIPERS Benefit Services Division
Disability Retirement Section
P.O. Box 2796
Sacramento, CA 95812-2796
Re: Francesco Pirello
Social Security No.:
City of Vernon, Employer ID: 3431795727
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 Franceso Pirello, a retired local safety member of the California Public
Employees' Retirement System (" CaIPERS"), is substantially incapacitated from the performance of his
usual and customary duties as a police officer for the City for a permanent or extended and uncertain
duration within the meaning of the Public Employees' Retirement Law.
A certified copy of Resolution No. 2016-46 regarding the City's determination on Mr.
Pirello's application for an industrial disability retirement is attached hereto.
Very truly yours,
eborah R. Juarez 3
Records Management Assistant
Enclosure
c: Carlos Fandino
Karina Rueda
Francesco Pirello
EXclusively Industrial
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Maria E. Ayala, 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. 2016-46 - A Resolution of the City Council of
the City of Vernon Approving the Industrial Disability
Retirement Application of Francesco M. Pirello, a Local
Safety Member Formerly 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 of Vernon, County of Los Angeles,
State of California, on thisday of August 2016.
SEAL:
Maria E. al
City lerk
STAFF REPORT
RECEIVED
JUL 2 8 2016
CITY CLERK'S OFFICE
JUL 2 8 2016
CITY ADMINISTRATION
cF14
HUMAN RESOURCES DEPARTMENT
STAFF REPORT
DATE: August 2, 2016
TO: Honorable Mayor and City Council
FROM: Lisette Michel Grizelle, Sr. Human Resources Analyst
Originator: Karina Rueda, Human Resources Analyst
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING THE INDUSTRIAL DISABILITY RETIREMENT
APPLICATION OF FRANCESCO M. PIRELLO, A LOCAL SAFETY
MEMBER FORMERLY EMPLOYED BY THE CITY OF VERNON
(GOVERNMENT CODE SECTION 21154 AND 21156)
Recommendation
A. Find that approval of an Industrial Disability Retirement for Francesco M. Pirello,
Retired Police Sergeant, is exempt under the California Environmental Quality Act
("CEQA") review, because it is an administrative activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a
"project" as defined by CEQA Guidelines section 15378; and
B. Rescind Resolution No. 2013-98, denying an Industrial Disability Retirement Application
for Francesco M. Pirello, based on insufficient medical evidence, and based on a re-
evaluation of the case; and
C. Adopt the resolution approving Mr. Pirello's Industrial Disability Retirement Application
as the findings and determinations pertaining to Mr. Pirello's Application, pursuant to
Government Code 21156, based on further 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 hired on August 27, 1990, and retired as a Police Sergeant 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 ("IDR"). In accordance with Government Code Sections 21154
and 21156, the City is required to determine the member's disability eligibility within six months
Page 1 of 2
of the IDR request. On its own, a Worker's 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 own duties, a resolution to that effect must be submitted to Ca1PERS.
On November 19, 2013, the City Council adopted Resolution No. 2013-98, which denied Mr.
Pirello's application for an IDR on the basis of insufficient medical evidence that Mr. Pirello was
substantially incapacitated from the performance of his usual and customary duties as a Police
Sergeant for the City of Vernon.
On March 10, 2015 and on December 1, 2015, additional medical reports were issued by Mr.
Pirello's treating Doctor supporting a finding that due to orthopedic injuries sustained, Mr.
Pirello is substantially incapacitated from performing his usual and customary job as a Police
Sergeant with the City of Vernon's Police Department.
In addition, a compromise and release agreement was approved on April 19, 2016, releasing the
City of all claims. Based on a re-evaluation of this case and Mr. Pirello's additional medical
reports, it is recommended that the City Council reconsider the previous denial and approve the
IDR application effective as of Mr. Pirello's retirement date of June 28, 2013.
Fiscal Impact
None.
Attachment(s)
1. Resolution
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE INDUSTRIAL DISABILITY
RETIREMENT APPLICATION OF FRANCESCO M. PIRELLO, A
LOCAL SAFETY MEMBER FORMERLY 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, on July 1, 2013, the City of Vernon received notice
that an application for industrial disability retirement for Francesco
M. Pirello employed by the Agency in the position of Police Sergeant
in the Vernon Police Department was filed with the Public Employees'
Retirement System ("PERS"); and
WHEREAS, on November 19, 2013, the City Council of the City
of Vernon adopted Resolution No. 2013-98, pursuant to Government Code
section 21156, denying an application for an industrial disability
retirement by Francesco M. Pirello; and
WHEREAS, by memorandum dated August 2, 2016, the Department
of Human Resources has recommended that the City Council reconsider
their previous decision denying an industrial disability retirement
application for Francesco M. Pirello based on further medical evidence
and staff's re-evaluation of this case, and that the City Council
approve the industrial disability retirement of Francesco M. Pirello;
and
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
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") review, because it is an administrative activity that
will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a "project" as defined
by CEQA Guidelines section 15378.
SECTION 3: Based on competent medical evidence, the City
Council of the City of Vernon hereby finds and determines that
Francesco M. Pirello is substantially incapacitated from the
performance of his usual and customary duties as a police sergeant for
the City for a permanent or extended and uncertain duration within the
meaning of the Public Employees' Retirement Law.
SECTION 4: 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. Neither the
City Council of the City of Vernon nor Francesco M. Pirello 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.
- 2 -
SECTION 5: Francesco M. Pirello' last day in paid status
was June 27, 2013, after exhaustion of all leaves, if any, under
Government Code Section 21164 and no dispute as to the expiration of
such leave rights exists. Francesco M. Pirello' retirement date as a
police sergeant for the City was June 27, 2013.
SECTION 6: Francesco M. Pirello is and has been receiving a
PERS service retirement effective June 28, 2013. Advanced Disability
Pension Payments will not be made.
SECTION 7: Francesco M. Pirello is competent to act on his
own behalf in legally binding retirement matters.
SECTION 8: The City Clerk shall notify Mr. Pirello of the
City Council's determination approving his application for industrial
disability retirement.
- 3 -
SECTION 9: 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 2nd day of August, 2016.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
9n1:::1
Za a N. Moussa, Senior Deputy City Attorney
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, , City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , 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, August 2, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of August, 2016, at Vernon, California.
(SEAL)
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City Clerk / Deputy City Clerk