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