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CC 2013-07-09_08.d. Resolution Determining Industrial DisabilityMEMORANDUM TO: CITY COUNCIL FROM: BY: DEBORAH MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICE~ KAREN SISKO, HUMAN RESOURCES MANAGER ~ SUBJECT: CONSIDERATION OF A RESOLUTION DETERMINING THAT SENIOR POLICE OFFICER MICHELLE COTA SUFFERS FROM AN INDUSTRIAL DISABILITY DATE: JULY9,2013 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution determining that Senior Police Officer Michelle Cota suffers from an industrial disability. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No 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. ANALYSIS OF ISSUES: Senior Officer Cota sustained ongoing injuries while engaged in the course and scope of her employment as a Senior Police Officer with the City of Arroyo Grande. Medical information provided to the City's Workers' Compensation insurance carrier by her treating Item 8.d. - Page 1 CITY COUNCIL CONSIDERATION OF A RESOLUTION DETERMINING THAT SENIOR POLICE OFFICER MICHELLE COTA SUFFERS FROM AN INDUSTRIAL DISABILITY JULY9, 2013 PAGE2 physician confirms that her injury is disabling. The primary disabling condition is psychological. Senior Officer Cota has filed her application for industrial disability with the California Public Employees' Retirement System based on her medical condition. Upon the City Council adopting the attached Resolution, it will be forwarded to the California Public Employees' Retirement System for processing of Senior Officer Cota's industrial disability retirement application. Senior Officer Cota's last day on payroll will be September 19, 2012 and her retirement date will be September 20, 2012. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Adopt the Resolution; Do not adopt the Resolution; or Provide direction to staff. ADVANTAGES: The advantage of adopting the Resolution is that it will allow 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 Senior Officer Cota. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Wednesday, July 3, 2013. The Agenda and report were posted on the City's website on Friday, July 5, 2013. No public comments were received. Item 8.d. - Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING THAT SENIOR POLICE OFFICER MICHELLE COTA 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 in employment in which 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 Michelle Cota, employed by the Agency in the position of Senior Police Officer, has been filed with the Public Employees' Retirement System; and WHEREAS, the City Council of the City of Arroyo Grande has reviewed the medical 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 find and determine and does hereby find and determine that Michelle Cota is incapacitated within the meaning of the Public Employees' Retirement Law for performance of her duties in the position of Senior Police Officer; and hereby find and determine that Michelle Cota is incapacitated for performance of the usual duties of the position for other California public agencies in CalPERS; and 2. 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; and 3. That neither said Michelle Cota 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 4. That the member will be separated from her employment in the position of Senior Police Officer after expiration of her leave rights under Government Code Section 21164 effective September 19, 2012 and that no dispute as to the expiration of such leave rights is pending. Her last day on payroll status is September 19, 2012; and Item 8.d. - Page 3 RESOLUTION NO. PAGE2 5. That there is no possibility of third party liability; and 6. That advanced Disability Pension payments will be made bi-weekly in the amount of $1,579.62 beginning July 12, 2013; and 7. The primary disabling condition is psychological. The member is competent to act on her own behalf in legally binding retirement matters. 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 I 2013. Item 8.d. - Page 4 RESOLUTION NO. PAGE3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 8.d. - Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.d. - Page 6