CITY COUNCIL AGENDA ITEM
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
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).
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.
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:
Karen Diaz, CMC
City Clerk/Director of Administrative Services