HomeMy WebLinkAboutResolution - 2854 STATE OF CALIFORNIA ) RESOLUTION NO. 2854
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA
DETERMINING THE INCAPACITY FOR DUTY AS POLICE
SERGEANT OF JEFFERY PENN, AND DETERMINING THE
INDUSTRIAL NATURE OF SUCH DISABILITY
WHEREAS, the City of San Jacinto is a contracting agency of the Public
Employee's Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a
contracting agency determine whether an employee of such agency in
employment in which he/she is classified as a local safety member is disabled for
purposes of the Public Employees' Retirement Law and whether such disability is
"industrial" within the meaning of such Law; and
WHEREAS, an application for industrial disability retirement of Jeffery
Penn formerly employed by the Agency in the position of Police Sergeant has
been filed with the Public Employee's Retirement System; and
WHEREAS, the City Council has reviewed the medical and other
evidence to such alleged disability;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Jacinto after reviewing the medical evidence and other available and
relevant information finds and determines that Jeffery Penn is incapacitated
within the meaning of the Public Employees' Retirement Law for performance of
his duties in the position of Police Sergeant; and hereby find and determine that
Jeffery Penn is incapacitated for performance of the usual duties of the position
for other California public agencies in CalPERS. Similar Positions with
reasonably comparable pay, benefits and promotional opportunities with other
California public agencies are not available.
BE IT FURTHER RESOLVED, that the City Council of the City of San
Jacinto does hereby find and determine that such disability is a result of injury or
disease arising out of and in the course of employment.
Neither said Jeffery Penn nor the agency City of San Jacinto applied to the
Workers ' Compensation Appeals Board for a determination pursuant to Section
21166 whether such disability is industrial; and
BE IT FURTHER RESOLVED, that the member was separated from his
employment in the position of Police Sergeant effective May 31, 2004 as a result
of a department closure. His last day on pay status was May 31, 2004. There is
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