CC 2017-08-08_09b Reso_Industrial Disability
MEMORANDUM
TO: CITY COUNCIL
FROM: DEBORAH MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES
SUBJECT: CONSIDERATION OF A RESOLUTION DETERMINING THAT POLICE
CHIEF STEVEN ANNIBALI SUFFERS FROM AN INDUSTRIAL
DISABILITY
DATE: AUGUST 8, 2017
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution determining that
Police Chief Steven Annibali suffers from an industrial disability.
SUMMARY OF ACTION:
The determination allows an application for industrial disability retirement to proceed.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No direct financial impact is projected.
BACKGROUND:
Upon application for industrial disability retirement by a public safety employee, the
California Public Employees’ Retirement Law, Government Code Section 21156
requires that the contracting agency determine whether the employee of such agency is
disabled and whether such disability is industrial within the meaning of the law. The
disability decision is based upon competent medical opinion and all medical and
vocational information provided by the member, employer, and Workers’ Compensation
carrier. The determination is based on actual/present disability, not prospective inability
to perform the job duties. Government Code Section 20046 states that “industrial”
means a disability as a result of an injury arising out of and in the course of employment
as a local safety member. If there is no application filed with the Workers’
Compensation Appeals Board for a determination pursuant to Government Code
Section 21166, the agency is required to provide the determination of industrial
causation.
Item 9.b. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION DETERMINING THAT POLICE CHIEF
STEVEN ANNIBALI SUFFERS FROM AN INDUSTRIAL DISABILITY
AUGUST 8, 2017
PAGE 2
ANALYSIS OF ISSUES:
Chief Annibali sustained an ongoing injury while engaged in the course and scope of his
employment with the City of Arroyo Grande. Medical information provided to the City’s
Workers’ Compensation insurance carrier by his treating physician confirms that his
injury is disabling. The primary disabling condition is related to the cardiovascular
system and heart.
The City has initiated the application for industrial disability with the California Public
Employees’ Retirement System based on Chief Annibali’s medical condition. Upon the
City Council adopting the attached Resolution, it will be forwarded to the California
Public Employees’ Retirement System for processing. Police Chief Annibali’s last day
on payroll will be August 8, 2017.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution;
2. Do not adopt the Resolution; or
3. Provide direction to staff.
ADVANTAGES:
The advantage of adopting the Resolution is that it will allow the processing of California
Public Employees’ Retirement Law industrial disability retirement benefits for the safety
officer consistent with the determination of the treating physician.
DISADVANTAGES:
There are no disadvantages to approving the industrial disability retirement for Chief
Annibali.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code 54954.2.
Item 9.b. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT POLICE CHIEF STEVEN
ANNIBALI SUFFERS FROM AN INDUSTRIAL DISABILITY
PURSUANT TO GOVERNMENT CODE SECTION 21156
WHEREAS, the City of Arroyo Grande (hereinafter referred to as Agency) is a contracting
agency of the Public Employees’ Retirement System; and
WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency
determine whether an employee of such agency 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 the industrial disability retirement of Steven Annibali,
employed by the Agency in the position of Police Chief, has been filed with the Public
Employees’ Retirement System; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed the medical
information and other evidence relevant to such alleged disability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The City Council of the City of Arroyo Grande does hereby find and determine that
Steven Annibali is incapacitated within the meaning of the California Public
Employees’ Retirement Law for performance of his duties in the position of Police
Chief and does hereby certify under penalty of perjury that this determination was
made on the basis of competent medical opinion and was not used as a substitute
for the disciplinary process in accordance with Government Code Section 21156
(a)(2).
2. Steven Annibali filed a Workers’ Compensation claim for his disabling condition.
The Workers’ Compensation claim was accepted.
3. That the City Council of the City of Arroyo Grande does hereby find and determine
that such disability is a result of injury or disease arising out of and in the course of
employment.
4. That neither Steven Annibali nor the City of Arroyo Grande has applied to the
Workers’ Compensation Appeals Board for a determination pursuant to
Government Code Section 21166 whether such disability is industrial; and
5. That the member will be separated from his employment in the position of Police
Chief after expiration of his leave rights under Government Code, Section 21164,
Item 9.b. - Page 3
RESOLUTION NO.
PAGE 2
effective August 8, 2017 and that no dispute as to the expiration of such leave
rights is pending. His last day on pay status will be August 8, 2017.
6. That there is not a possibility of third party liability; and
7. That Advanced Disability Pension Payments will be made in the amount of
$2,961.21 bi-weekly beginning August 9, 2017; and
8. The primary disabling condition is cardiovascular system and heart.
9. The duration of the disabling condition is expected to be permanent or last at least
twelve consecutive months from the date of the application for benefit or will result I
death, which is certified by competent medical opinion, as determined on the basis
of competent medical opinion
On motion of Council Member , seconded by Council Member
, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of , 2017.
Item 9.b. - Page 4
RESOLUTION NO.
PAGE 3
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
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