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CITY COUNCIL AGENDA ITEM NO. 04

Meeting Date: August 28, 2001

Subject/Title: A Resolution pursuant to section 21156 of California Public Employees’ Retirement Law approving the industrial disability retirement for Frank Passmore

Submitted by: Patti Standley, Human Resources Manager

Approved by: Jon Elam, City Manager


RECOMMENDATION
Adopt a Resolution approving the industrial disability retirement for Frank Passmore as recommended by Janet Selby, Worker’s Compensation Manager from Contra Costa County Municipal Risk Management Insurance Authority (CCCMRMIA).

PREVIOUS ACTION
None.

BACKGROUND
Officer Frank Passmore was hired by the City of Brentwood on January 2, 1997. Officer Passmore worked patrol and in the course of his employment with Brentwood, he suffered a cumulative injury for which he submitted a workers’ compensation claim on September 30, 2000. 

On April 19, 2001, a third party determination concluded that Officer Passmore’s condition was permanent and stationary and that he is unable to return to his usual job based on his injury. As a result of the injury, Officer Passmore suffered the condition causing this retirement action.

The City Council Personnel Subcommittee discussed the industrial disability retirement for Frank Passmore with staff at a subcommittee meeting on July 17, 2001. The Subcommittee recommends this item for adoption by the City Council. 



RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD PURSUANT TO SECTION 21156 OF CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT LAW APPROVING THE INDUSTRIAL DISABILITY RETIREMENT FOR FRANK PASSMORE


WHEREAS, the City of Brentwood (hereinafter referred to as Agency) is a contracting agency of the Public Employee’s Retirement System;

WHEREAS, the Public Employee’s 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 Employee’s Retirement Law and whether such disability is “industrial” within the meaning of such Law;

WHEREAS, an application for disability retirement of Frank Passmore employed by the Agency in the position of Police Officer has been filed with the Public Employees’ Retirement System;

WHEREAS, the City Council of the City of Brentwood 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 Frank Passmore is incapacitated within the meaning of the Public Employees’ Retirement Law for performance of his duties in the position of Police Officer; 

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 arising out of and in the course of employment. Neither said Frank Passmore nor the agency City of Brentwood has applied to the Workers’ Compensation Appeals Board for a determination pursuant to Section 21166 whether such disability is industrial.

BE IT FURTHER RESOLVED that the member will be separated from his employment and the position of Police Officer after expiration of his leave rights under Section 21164, Government Code, effective August 31, 2001, and that no dispute as to the expiration of such leave rights is pending.

There is not a possibility of third party liability.

Advanced Disability Pension payments will not be made.

The member’s disabling condition is not a direct consequence of a violent act perpetrated upon the member’s person.

The City Council of the City of Brentwood directs staff to forward a copy of this Resolution to the California Public Employees’ Retirement System.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on August 28, 2001 by the following vote:

AYES: 
NOES: 
ABSENT: 

Michael A. McPoland, Sr.
Mayor

ATTEST:
Karen Diaz, CMC
City Clerk

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