Resolution No. 2013-38 CONFIDVN71"AL
SOCIAL SECURITY 14UMBER INFO.
& SETTLEMENT AGREEMENT
RESOLUTION NO . 2013-38
A RESOLUTION OF THE ,CITY COUNCIL OF THE CITY OF
VERNON GRANTING THE DISABILITY RETIREMENT OF DANIEL
O' NEIL, 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 August 11, 2010, an application for industrial
disability retirement of Daniel O' Neil employed by the Agency in the
position of Police Officer in the Vernon Police Department was filed
with the Public Employees' Retirement System ("PERS") ; and
WHEREAS, on January 3, 2011, the City Council of the City of
Vernon adopted Resolution No. 2011-08, pursuant to government code
section 21156, denying an application for an industrial disability
retirement by Daniel O' Neil; and
WHERERAS, on April 5, 2011, the City Council of the City of
Vernon adopted Resolution No. 2011-49 approving and authorizing the
execution of an agreement with the State of California, acting by and
through the Office of Administrative Hearings for hearings services
pertaining to the Daniel O'Neil matter; and
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WHEREAS, by memorandum dated February 19, 2013, the Director
of Human Resources has recommended that the City Council re-consider
their previous decision denying an industrial disability retirement
application for Daniel O'Neil based on a re-evaluation of this case,
and that the City Council approve the industrial disability retirement
of Daniel O'Neil and forego the administrative appeal before the
Office of Administration; 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 : Based on competent medical evidence, the City
Council of the City of Vernon hereby finds and determines that Daniel
O'Neil 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.
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. O' Neil 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 : Daniel O'Neil' s last day in paid status was
June 17, 2009, after exhaustion of all leaves, if any, under
Government Code Section 21164 and no dispute as to the expiration of
such leave rights exists. Daniel O' Neil' s permanent separation date
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as a police officer for the City was June 18, 2009.
SECTION 4 : Daniel O'Neil is and has been receiving a PERS
service retirement effective June 18, 2009. Advanced Disability
Pension Payments will not be made .
SECTION 5 : Daniel O' Neil is competent to act on his own
behalf in legally binding retirement matters .
SECTION 6: The City Clerk shall notify Mr. O'Neil of the
City Council' s determination granting his application for industrial
disability retirement.
SECTION 7 : 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 .
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SECTION 8 : 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 5th day of March, 2013.
Name:. William J. Davis
Title: Mayor / M
ATT ST: �
D Reed, Interim City Clerk
APPROVED AS TO FORM:
a&o� 31013
Nicholas George Rodriguez,
City Attorney
Jo H. Yim, sq.
Liebert Cass ' y Whitmore
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2013-38,
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, March 5, 2013, and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed this �j day of March, 2013, at Vernon, California.
V
D a Reed, Interim City Clerk
(SEAL)
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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. 2013-38 - A Resolution of the City Council of
the City of Vernon Granting the Disability Retirement of
Daniel O'Neil, 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�yernon, County of Los Angeles,
State of California, on this day of March 2013 .
SEAL:
Reed
iierim City Clerk
RECEIVED
FEB 2 S 2043
RECEIVED
FEB 2 8 2013 CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
HUMAN RESOURCES DEPARTMENT H
DATE: March 5,2013
TO: Honorable Mayor and City Council
FROM: Teresa McAllister,Director of Human Resources
RE: RESOLUTION APPROVING DANIEL O'NEIL INDUSTRIAL
DISABILITY RETIREMENT APPLICATION
Recommendation
It is recommended that the City Council:
1) Find that approval of an 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) Re-consider their previous decision (Resolution No. 2011-08) denying an Industrial
Disability Retirement Application for Daniel O'Neil and based on a re-evaluation of this
case,adopt the attached resolution approving an Industrial Disability Retirement based on
competent medical evidence, that Mr. O'Neil is substantially incapacitated from the
performance of his usual and customary duties as a Police Officer for the City of Vernon.
Background
This was a Police Officer who was hired by the City of Vernon on November 7, 1979. Mr.
O'Neil retired from the City of Vernon on June 17, 2009.
On August 11, 2010, Mr. O'Neil filed for industrial disability retirement (IDR). In accordance
with Government Code Sections 21154 and 21156, the City is required to determine the
member's disability 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 filed with
CalPERS.
On January 3, 2011, the City Council adopted Resolution No. 2011-08, which denied Mr.
O'Neil's application for an Industrial Disability Retirement on the basis that questions remained
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. The City determined that Mr.
O'Neil was not incapacitated within the meaning of the Ca1PERS law (Government Code
Section 20000, et seq.) for performance of his duties in the position of Police Officer. On
January 11, 2011 the City notified CalPERS and Mr. O'Neil on the City's determination.
Based on a re-evaluation of this case and Mr. O'Neil's IDR application, City staff is
recommending that City Council reconsider the previous denial. Thus a new resolution will be
necessary, granting Mr. O'Neil the Industrial Disability Retirement.
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II a 44**
HUMAN RESOURCES DEPARTMENT
Teresa MdAllister,Director of Human Resources
4305 Santa Fe Avenue,Vernon,California 90058;
Telephone(323)683-8871 Fax (323)826-14319
March 6, 2013
Daniel O'Ncil
3223 Niblick Drive
Patk City, UT-.84098
RE: Granting Disability Retirement
Dear Daniel:
-Pransmitted herewith is a copy of Resolution No:2013-38 that was approved by City Council on
March 5,2013.
If you have any questions regarding this matter, please call Karin Ruedn at (323:) 583-8811, ext.
325:.
Sineerely ��/ _y
1 cresa McAllister
Director of Resources
TMLkr
Exclusivefy Industriar
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue,Vernon,California 90058
Telephone(323)583-8811
March 7, 2013
Joung H. Yim, Esq.
Liebert Cassidy Whitmore
6033 W. Century Blvd., Suite 500
Los Angeles, CA 90045
Re: Daniel O'Neil Settlement Agreement and General Release
Dear Mr. Yim:
Please find enclosed a copy of the original fully executed agreement,referenced above, for your
transmittal to Mr. O'Neil.
If you have any questions regarding this matter, please contact Teresa McAllister at(323) 583-
8811 ext. 239.
Very truly yours,
Deborah R. Juarez
Records Management Assistant
Enclosure
c: Teresa McAllister
Resolution No. 2013-38
Agreement File No. 13-016
E,cfusivefy Industriaf