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RESOLUTION NO. 2014-52 SOCIAL SECURITY NUMBER INFO, RESOLUTION NO . 2014-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE INDUSTRIAL DISABILITY RETIREMENT APPLICATION OF STEVE WILES, 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 June 18, 2012, an application for industrial disability retirement of Steve Wiles 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 February 18, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-04, pursuant to Government Code section 21156, denying an application for an industrial disability retirement by Steve Wiles; and WHEREAS, by memorandum dated August 19, 2014, the Director of Human Resources has recommended that the City Council re-consider their previous decision denying an industrial disability retirement application for Steve Wiles based on staff' s re-evaluation of this case, and that the City Council approve the industrial disability retirement of Steve Wiles; 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) , 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 : Based on competent medical evidence, the City Council of the City of Vernon hereby finds and determines that Steve Wiles 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 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 Steve Wiles 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 5: Steve Wiles' 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 . Steve Wiles' permanent separation date as a police - 2 - officer for the City was May 31, 2012 . SECTION 6 : Steve Wiles is and has been receiving a PERS service retirement effective May 31, 2012 . Advanced Disability Pension Payments will not be made. SECTION 7 : Steve Wiles is competent to act on his own behalf in legally binding retirement matters . SECTION 8 : The City Clerk shall notify Mr. Wiles of the City Council' s determination approving his application for industrial disability retirement. 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 19th day of August, 2014 . Name: W. Michael McCormick Title: Mayor / ATTEST: Ana i _ _== / ,Deputy City Clerk APPROVED AS TO FORM: Zayna ]Y Moussa, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) Ana Barcia I, Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-52, 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 19, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this YA day of August, 2014, at Vernon, California. Ana garefa Deputy City Clerk (SEAL) - 4 - TRANSMITTAL COMMUNICATION CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) . I, Ana Barcia, Deputy 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. 2014-52 - A Resolution of the City Council of the City of Vernon Approving the Industrial Disability Retirement Application of Steve Wiles, 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 this 21 day of August 2014 . SEAL: Ana Barc Deputy City Clerk i� II PRO 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 August 21, 2014 Marilyn Keller Ca1PERS Benefit Services Division Disability Retirement Section P.O. Box 2796 Sacramento, CA 95812-2796 Re: Steve Wiles 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 Steve Wiles, a retired local safety member of the California Public Employees' Retirement System("CalPERS"), 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. 2014-52 regarding the City's determination on Mr. Wiles' application for an industrial disability retirement is attached hereto. Very truly yours, Deborah R. Juarez Records Management Assistant. Enclosure c: Teresa McAllister Steve Wiles E ccfusivefy Industnal STAFF REPORT RECEIVED �® AUG 0 6 2014 CITY ADMINISTRATION 0 Ci����' STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: August 19,2014 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 approving the application for an Industrial Disability Retirement of Steve Wiles Recommendation It is recommended that the City Council: 1) Find that approving an Industrial Disability Retirement Application 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. 2014-04) denying an Industrial Disability Retirement Application for Steve Wiles based on lack of medical evidence, and based on a re-evaluation of this case, adopt the attached resolution approving Mr. Wiles' Industrial Disability Retirement Application as their findings and determinations pertaining to Mr. Wiles' Application,pursuant to Government Code section 21156, based on further 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. Backeround 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. On its own, 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. At that time, the City had only received Workers Compensation medical information from an injury sustained by the applicant on April 18, 2011. None of the records provided indicated that Mr. Wiles was permanently incapacitated from performing his former duties. The records provided either made no determination on the permanent incapacitation issue or provided 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 was insufficient proof and lack of medical information to support a finding that Mr. Wiles had in fact sustained a permanent and stationary disability, and that said injuries would entitle him to receive disability retirement benefits. It was therefore determined that Mr. Wiles was 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. On February 18, 2014, City Council approved staff s recommendation to deny Mr. Wiles' IDR Application based upon the insufficiency of evidence at that time. On May 2, 2014, staff received additional medical reports from applicant's doctor supporting a finding of Mr. Wiles' substantial incapacitation. In addition, a compromise and release agreement was entered into on May 15, 2014, releasing the City of all claims. Based on a re- evaluation of this case and Mr. Wiles' additional medical reports, City staff is recommending that City Council reconsider the previous denial and approve the IDR application effective as of Mr. Wiles retirement date of May 31, 2012.