CC 2015-10-13_08d Resolution_Industrial DisabilityMEMORANDUM
TO: CITY COUNCIL
FROM:
BY:
DEBORAH MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES~
KAREN SISKO, HUMAN RESOURCES MANAGER 'fJd
SUBJECT: CONSIDERATION OF A RESOLUTION DETERMINING THAT SENIOR
POLICE OFFICER JAMES JOHNSON SUFFERS FROM AN INDUSTRIAL
DISABILITY
DATE: OCTOBER 13, 2015
RECOMMENDATION:
-It is recommended the City Council adopt the attached Resolution determining that Senior
Police Officer James Johnson 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 reql!ires
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 Johnson sustained an ongoing injury while engaged -in the course and
scope of his employment as a Senior Police Officer with-the City of Arroyo Grande.
Medical information provided to the City's Workers' Compensation insurance carrier by his
Item 8.d. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION DETERMINING THAT SENIOR POLICE
OFFICER JAMES JOHNSON SUFFERS FROM AN INDUSTRIAL DISABILITY
OCTOBER 13, 2015
PAGE2
treating physician confirms that his injury is disabling. The primary disabling condition is
internal cancer.
Senior Officer Johnson has filed his application for industrial disability with the California
Public Employees' Retirement System based on his medical condition. Upon the City
Council adopting the attached Resolution, it will be forwarded to the California Public
Employees' Retirement System for the processing of Senior Officer Johnson's industrial
disability retirement application. Senior Officer Johnson's last day on payroll will be
October 22, 2015.
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 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 Senior
Officer Johnson.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 8, 2015. The Agenda
and report were posted on the City's website on Friday, October 9, 2015. 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 JAMES JOHNSON 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 James Johnson,
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
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
James Johnson, is incapacitated within the meaning of the California Public
Employees' Retirement Law for performance of his duties in the position of Senior
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 James Johnson 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 his employment in the position of Senior
Police Officer after expiration of his leave rights under Government Code, Section
21164, effective October 22, 2015 and that no dispute as to the expiration of such
leave rights is pending. His last day on payroll status will be October 22, 2015.
5. That there is no possibility of third party liability; and
Item 8.d. - Page 3
RESOLUTION NO.
PAGE2
6. That advanced bi-weekly Disability Pension payments in the amount of $1,650.69
will begin on November 13, 2015; and
7. The primary disabling condition is internal cancer.
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 '2015.
Item 8.d. - Page 4
RESOLUTION NO.
PAGE3
JIM HILL, MAYOR
ATTEST:
KITTY NORTON, DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
Item 8.d. - Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Item 8.d. - Page 6