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HomeMy WebLinkAboutResolution No. 7443RESOLUTION NO. 7443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING AND DTERMINING THAT A CERTAIN CITY EMPLOYEE IS INCAPACITATED FOR THE PERFORMANCE OF HIS DUTIES AND SHOULD BE RETIRED FOR DISABILITY. (Section 21025 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 Chris R. Cooper, employed by Agency in the position of Police Officer, has been filed with the Public Employees' Retirement System, and WHEREAS, the City Council has reviewed 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 Chris R. Cooper is incapacitated within the meaning of the Public Employees' Retirement Law for the perform- ance of his duties in the position of Police Officer, and SECTION 2. The City Council of the City of Azusa hereby finds and dtermines that such disability is a is is not result of injury or disease arising out of and in the course of employment and neither said Chris R. Cooper nor the ___member's name City of Azusa has applied to the Worker's Compensation name of agency) Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial; and there is no possiblity of a third party liability, and SECTION 3. BE IT FURTHER RESOLVED that the member was or will be separated from his employment in the position of Police Officer after expiration of his leave rights under Section (job title 21025.4, Government Code, effective May 1, 1984 and that no dispute as to the expiration of such leave rights is pending, and SECTION 4. 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. (1) 0 0 Adopted and approved this 5th day of March, 1984, 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 5th day of March by the following vote of the Council: AYES: Councilmen: Cruz, Cook, Camarena, Latta, Moses NOES: Councilmen: None ABSENT: Councilmen: None (2)