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R 4689 RESOLUTION NO. 4689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING THAT POLICE OFFICER TAMMIE NEUFELD 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 he/she is classified as a local safety member is disabled forpurposes 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 Tammie Neufeld, employed by the Agency in the position of 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 does hereby find and determine that Tammie Neufeld is incapacitated within the meaning of the California Public Employees' Retirement Law for performance of her duties in the position of Police Officer; 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. 3. That neither Tammie Neufeld 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 Police Officer after expiration of her leave rights under Government Code, Section 21164, effective March 31, 2015 and that no dispute as to the expiration of such leave rights is pending. Her last day on payroll status was March 26, 2015. 5. That there is no possibility of third party liability; and RESOLUTION NO. 4689 PAGE 2 6. That advanced bi-weekly Disability Pension payments in the amount of $1,466.31 began on April 17, 2015; and 7. The primary disabling condition is right carpal tunnel syndrome and right long trigger finger. On motion of Council Member Guthrie, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Barneich, Brown, Harmon, and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 22nd day of September, 2015. RESOLUTION NO. PAGE 3 J HILL, MAYOR ATTEST: • • ! i ✓ KELL W MORE, CITY CLERK APPROVED AS TO CONTENT: 1 Ida„.. D ANNE THOMPSO6 ITY MANAGER APPROVED AS TO FORM: HEATHER WHITHAM, CITY ATTORNEY • OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4689 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 22nd day of September, 2015. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day, of September, 2015. �. 7Z7liyy/� KELLY ,,,,ETMORE CITY CEERKI •