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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: January 8, 2002

Subject/Title: Approve a resolution pursuant to section 21156 of California Public Employees’ Retirement Law approving the industrial disability retirement for James Dowing

Submitted by: Patti Standley, Human Resources Manager

Approved by: John Stevenson, City Manager


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

PREVIOUS ACTION
None.

BACKGROUND
Officer James Dowing was hired by the City of Brentwood on October 5, 1998. Officer Dowing worked patrol and in the course of his employment with Brentwood, he suffered an injury for which he submitted a workers’ compensation claim on July 21, 2000. 

On November 21, 2001, a third party determination concluded that Officer Dowing suffers from permanent restrictions and that he is unable to return to his usual job based on his injury. As a result of the injury, Officer Dowing suffered the condition causing this retirement action.

Staff met with Janet Selby and Officer Dowing to review the possibility of permanent modified/alternate work. After a review of available job opportunities, all parties agreed that there is no permanent modified/alternate work available for Officer Dowing.


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 JAMES DOWING


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 James Dowing 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 James Dowing 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 James Dowing 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 January 15, 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 January 8, 2002 by the following vote:

AYES: 
NOES: 
ABSENT: 

_____________________________
Michael A. McPoland, Sr.
Mayor



ATTEST:

__________________________________
Karen Diaz, CMC
City Clerk

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