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HomeMy WebLinkAboutResolution - 1843 RESCLUVIDA ND. 1843 A RESOD HTTON OF THE CITY ODUNCIL ❑F 1'HE CITY OF SAN JACINTO, CALIFORNIA, DETERMINING NATHANIEL HOLMES TO BE DISABLED AND THAT SAID DISABILITY ARiSES nUT OF HIS EMPLOYMENT 1 WHEREAS'.,, the CITY OF SAN JACINTO (hereinafter referred ti- 2 .I as AgenCy) is a contracting agency of the Public Employees ' Retirement System; :t WHEREAS, the Public Employees' Retirement Law requirU5 J that a cDntractinq agency determin y whether an employee at sucr,- (i agency in employment in which he is classified as a local safety 7 member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial'' 10 within the meaning of such law; WHEREAS, the CITY OF SAN JACINTO has reyiewed the medical j 12 and other evidence relevant to such alleged disability, 13 1 . NOW, THEREFORE BE IT RESOLVED: ]4 A. Nathaniel Holmes ' physician. Jeff) y L. Dabbion. I lb M.D. , declared him on July il , 198B to be � 16 permanent and stationary . b. Employer's physician, H. Richard BurLe, M.D. , 17 ]� declared him on June h, 1988 to be permanent a0d stationary and D. Robes t Johnson, M.D. dpc1sa -.d 20 him on March 7, 1989 to be permanent and statiorinc ; 1 C . Nathaniel Holmes employer will offer- him vocational Ll I 99 rehabilitation upon requeat . d. Fmployer will riot be providing Advanced nisaullit i 23 24 Payment . j 25 That the CITY OF SAN JACiNTC finds and determiAe�, ?G and it does hereby find and determloe tha, Nathaniel Holme n is incapacitsted within t:ha 27 meaninq of the Public Emplovoe 's Retirement Law A for Performance of his duties in the PDSltIVO o` Police Lieutenant. :U ,t] 4. That the reason for disability is of thDpedic. ;32 p.:nrl , g. That there is not the possibility of a third arry liability. i RrascL_rt.cn PJo. i I I BE IT FUR7HFR RESOLVED THAT rHE CITY OF SAN 7ACINTO 2 finds and determines and it does nerehy Tind ana 3 determine that wach disability arises out of and in the 1 cyurse at employment od neither said Nathaniel Holmes 5 nor the Agency of THE CITY OF SAN TACINTO has nuplie❑ to the Worker ' s Compen ation Apueals 'zoatid for o 7I determination pursuant to Section 21OR6 whether swoli ill disability in industrial ; and 9`I OR 3. BE IT FURTHER RESOLVED that the member was separated from his employment in the positier of Police 12 Lieutenant effective September 1 . 138? and that co 13 dispute as to the eupiratiori of such leave rights 14 under section 21025.4 of the Government Code is 15 pending. 16 MOVED, PASSED AND ADOPTED this 22nd day of Auoust, 17 1989, by the following vote: 18 AYES: Councilmen Redding, Divine, Rose, Boykin and Fordl l!} ; NDES: None i 101! 403 jENT: `lone A ABSTAIN: None 22 I i i ATTEST: j A 24 `7 F 25 Ci Dep tY t Cleri,L Y Clerk. Mayor � A CERTIFICATE 27 The foregoing is certified to be a true copy of Resolution No. 28 '.843 duly adopted by the City Council of the City of San Jacinto on the 29 date therein set forth. :31 'Deputy City CI :32 j j' I