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HomeMy WebLinkAbout4920 RESOLUTION NO. 4920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION OF ANTONIO MARTINEZ FOR DISABILITY RETIREMENT AND FINDING THAT HE IS INCAPACITATED 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 meanin~ of such Law; WHEREAS, an application for disability retirement of Antonio Martinez, ~mployed hy the '3ency in the position of Police Offic~r, has been filed by Antonio Martinez with the Publi~ E~Dloyees' 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 Antonio Martinez 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 deter- mine 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 Antonio Martinez nor the Agency has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial; and - 1 - 49~0 BE IT FURTHER RESOLVED that the member was or will be separated from his employment in the position of Police Officer after expitation of his leave ri&hts under Section 21025.4, Government Code, effective May 9, 1980, and that no dispute as to the expiration of such leave rights is pending. I HEREBY CERTIFY that the foregoing resolution was adopted at a re~ular meeting of the City Council of the City of Arcadia held on the 18th day of November, 1980 , by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Dring, Haltom, Saelid and Pellegrino NOES: None ABS ENT: Councilman Gilb /,. ~~~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 18th day of November, 1980. ATTEST: al~ ~ ~~~)i~~/ City Clerk Mayor of the - 2 - 4920