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RESOLUTION NO. 5027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA
APPROVING THE APPLICATION OF JAMES STARK FOR DISABILITY
RETIREMENT AND FINDING THAT HE IS INCAPACITATED TO PER-
FORM HIS DUTIES AS FIREFIGHTRR.
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 con-
tracting agency determine whether an employee of such agency in employ-
ment in which he is classified as a local safety member is disabled for
purposes of the Public Employees' Retirement Law and whether such dis-
ability is "industrial" within the meaning of such Law;
WHEREAS, an .application for disability retirement of James Stark,
employed by the Agency in the position of Firefighter, has been filed
by James Stark with the Public Employees' Retirement System; and
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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 deter-
mine and it does hereby find and determine that James Stark is in-
capacitated within the meaning of the Public Employees' Retirement Law for
performance of his duties in the position of Firef~hter; 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
James Stark 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 Firefighter-afte~ expiration of his
leave rights under Section 21025.4, Government Code, effective March 1,
1982, and that no dispute as to the expiration of such leave rights is
pending.
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5027
I HEREBY CERTIFY that
regular meeting of the City
2nd day of March, 1982,
Councilmen, to wit:
the foregoing resolution was adopted at a
Council of the City of Arcadia held on the
_ by the affirmative vote of at least three
AYES:
NOES:
ABSENT:
Councilmen
None
None
Dring, Haltom, Pellegrino, Saelid and Gilb
&k' iJ~p,~~
CJ.ty tferk or the C2ty of ArcadJ.a
SIGNED AND APPROVED this 2nd day of Marc
Mayor of
ArcadJ.a
LJ;~
CJ.ty Clerk -
I,'
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5027