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HomeMy WebLinkAbout5070 0" RESOLUTION NO. 5070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION OF ROBERT MASSAROTTI FOR DISABILITY RETIREMENT AND FINDING THAT HE IS IN- CAPACITATED TO PERFORM HIS DUTIES AS POLICE OFFICER WHEREAS, the City of Arcadia (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 Robert Massarotti, employed by the Agency in the position of Police Officer, has been filed by Robert Massarotti with the Public Employees' Retirement System; and WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged disability. NOW, THEREFORE, BE IT RESOLVED that the City Council find and determine and it does hereby find and determine that Robert Massarotti 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 Council 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 neither Robert Massarotti nor the Agency has applied to the, Workers'Compensation Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial; and BE IT FURTHER RESOLVED that the member was or will be separated from his employment in the position of Police Officer after expira- tion of his leave rights under Section 21025.4, Government Code, -1- 5070 effective September 26, 1982, and that no dispute as to the expira- tion of such leave rights is pending. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 5th day of October, 1982, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Councilmen Dring, Haltom, Lojeski & Pellegrino None Councilman Hannah 4-<,4/~~ ~/ ~ C1ty Clerk of t e C1ty of Arcad1a SIGNED AND APPROVED this 5th day of October, 1982. 4~~ C1ty Clerk -2- 5070