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HomeMy WebLinkAboutResolution 129-90 RESOLUTION NO. 129_90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING INDUSTRIAL DISABILITY RETIREMENT OF CHESTER MYERS WHEREAS, the City of Atascadero * (hereinafter referred to as Agency ) is a contracting agency of the Public Employees ' Retirement System; 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: WHEREAS, an application for disability retirement of Chester Myers employed by the Agency in the position of Police Officer has been filed with the Public Employees ' Retirement System; and WHEREAS, the City of Atascadero has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED: That the City of Atascadero find and determine and it does hereby find and determine that Chester Myers is incapacitated within the meaning of the Public Employees ' Retirement Law for performance of his duties in the position of Police Officer ; and BE IT FURTHER RESOLVED that the City of Atascadero find and determine and it 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 further determine that such disability did result from an injury which is the direct consequence of a violent act perpetrated upon the member and did occur during the performance of those portions of the member ' s duties which are particularly hazardous and dangerous, and neither said Chester Myers nor the Agency has applied to the Workers ' Compensation Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial . 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 21025.4, Government Code, effective December 12, 1990 and that no dispute as to the expiration of such leave rights is pending . On motion by Councilperson Nimmo and seconded by Councilperson Dexter the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: Councilmembers Borgeson, Shiers, Nimmo, Dexter & Mayor Lilley NOES: None ABSENT: None DATE: December 11, 1990 ATTEST: LEE DAYKA, City 616rk ROBER B, LI , Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTAER MO NDON RAY WINDSOR City Attorney City Manager