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CITY COUNCIL AGENDA ITEM NO. 05


Meeting Date: August 28, 2001

Subject/Title: Stipulations Regarding Disability Status, Labor Code Section 4850 Benefits and Sick Leave Benefits for Frank Passmore

Submitted by: Patti Standley, Human Resources Manager

Approved by: Jon Elam, City Manager


RECOMMENDATION
Adopt a Resolution approving the Stipulations regarding disability status, Labor Code Section 4850 Benefits and Sick Leave Benefits for Frank Passmore to allow the City to separate his employment effective August 31, 2001.

PREVIOUS ACTION
None.

BACKGROUND
Over the course of his employment and through the performance of his duties, Frank Passmore suffered a cumulative work-related injury for which he filed a claim for Workers’ Compensation Benefits.

On April 19, 2001, a third party determined that Officer Passmore’s condition was permanent and stationary and that he is unable to return to his usual job as a Police Officer based on his injury.

In the event of an on-the-job injury, sworn law enforcement personnel wages are protected by Section 4850 of the Labor Code. This code requires an employer to continue full wages for up to one year while the employee recovers from their injury.

Officer Passmore’s 4850 wages are not due to run out until December 24, 2001. However, he has agreed to the attached draft Stipulation to separate his employment prior to December 24, 2001 so that the Brentwood Police Department may fill his position. In exchange for the early separation of employment, effective August 31, 2001, Officer Passmore will accept half of the value of the remaining 4850 wages and half of the value of his accrued sick leave. The total amount payable to Officer Passmore is $12,944. This settlement will save the City approximately $15,000 which includes costs for benefits and additional leave accrual that Officer Passmore would be entitled to through December 24, 2001.

The City Council Personnel Subcommittee discussed the contents of the draft Stipulation with staff at a Subcommittee meeting on July 17, 2001. The Subcommittee recommends adoption of this item by the City Council.


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE STIPULATIONS REGARDING DISABILITY STATUS, LABOR CODE SECTION 4850 BENEFITS AND SICK LEAVE BENEFITS FOR FRANK PASSMORE


WHEREAS, the City of Brentwood (hereinafter referred to as Agency) is a contracting agency of Contra Costa County Municipal Risk Management Insurance Authority (hereinafter referred to as the Authority); 

WHEREAS, the Authority represents the Agency’s interests in the arena of workers’ compensation claims and settlement;

WHEREAS, subsequent to the receipt of a third-party determination that Frank Passmore’s condition was permanent and stationary and that he is unable to return to his usual job as a Police Officer based on his injury, the Authority negotiated with representatives of Mr. Passmore on behalf of the Agency to draft Stipulations regarding disability status, labor code section 4850 benefits and sick leave benefits for Mr. Passmore; 

WHEREAS, staff presented the draft Stipulations to the City Council Personnel Subcommittee for review and consideration on July 17, 2001; 

WHEREAS, the Stipulations provide for the separation of Mr. Passmore’s employment effective August 31, 2001 in exchange for a CalPERS Industrial Disability Retirement, payment of half of the remaining Labor Code Section 4850 wages $10,198.82, and payment of half of the sick leave hours accrued through August 31, 2001 $2,745.75.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood, hereby approve the draft Stipulations as described above;

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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