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HomeMy WebLinkAboutResolution No. 7008RESOLUTION NO. 7008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING AND DETERMINING THAT A CERTAIN CITY EMPLOYEE IS INCAPACITATED FOR THE PERFORMANCE OF HIS DUTIES AND SHOULD BE RETIRED FOR DISABILITY. (Section 21024 Government Code) WHEREAS, the City of Azusa (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 is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of James R. Albert, employed by Agency in the position of Police Sergeant, had been previously filed with the Public Employees' Retirement System and denied by the City Council; and WHEREAS, the City Council has reviewed new medical and other evidence relevant to such alleged disability; NOW, THEREFORE, the City Council of the City of Azusa does resolve as follows: SECTION 1. The City Council of the City of Azusa hereby finds and determines that James R. Albert is incapacitated within the meaning of the Public Employees' Retirement Law for the performance of his duties in the position of Police Sergeant and that such incapacity has existed since June 24, 1981. SECTION 2. The City Council does hereby find and determine that such disability is a result of injury or disease arising out of, and in the course of employment, and said James R. Albert has applied to the Worker's Compensation Appeals Board for a determination as to whether such disability is industrial and has received an award. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified copy thereof to be transmitted to the Public Employees' Retirement System. Adopted and approved this 24th day of June 1981. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular adjourned meeting thereof held on the 24th day of June 1981 by the following vote of the Council: AYES: Councilmen: Decker, Fry, Cruz, Moses, Solem NOES: Councilmen: None ABSENT: Councilmen: None /' / City Cleiik