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CITY COUNCIL AGENDA ITEM NO. 05

Meeting Date: May 13, 2003

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

Submitted by: Patti Standley, Human Resources Manager

Approved by: John Stevenson, City Manager

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

PREVIOUS ACTION
None.

BACKGROUND
Donald A. Medine was hired by the City of Brentwood on November 27, 1996 as a Police Officer. He worked patrol until his promotion to Sergeant on December 1, 2001. In the course of his employment with Brentwood, he suffered an injury for which he submitted a workers’ compensation claim on January 30, 2002.

On February 22, 2003, a third party determination concluded that Sergeant Medine 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, Sergeant Medine suffered the condition causing this retirement action.

Staff met with Janet Selby and Sergeant Medine 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.

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 DONALD A. MEDINE

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 Donald A. Medine employed by the Agency in the position of Police Sergeant 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 Donald A. Medine is incapacitated within the meaning of the Public Employees’ Retirement Law for performance of his duties in the position of Police Sergeant;

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 Donald A. Medine 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 Sergeant after expiration of his leave rights under Section 21164, Government Code, effective May 15, 2003, and that no dispute as to the expiration of such leave rights is pending. His last day on pay status was January 29, 2003.

There is not a possibility of third party liability.

Advanced Disability Pension payments will not be made.

The primary disabling condition is orthopedic.

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 May 13, 2003 by the following vote:

AYES:
NOES:
ABSENT:

_____________________________
Brian Swisher
Mayor

ATTEST:

__________________________________
Karen Diaz, CMC
City Clerk/Director of Administrative Services

 

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City of Brentwood City Council
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