R 4443 RESOLUTION NO. 4443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT SENIOR POLICE
OFFICER CID CABRIALES 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 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 Cid Cabriales, 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. That the City Council of the City of Arroyo Grande find and determine and does .
hereby find and determine that Cid Cabriales is incapacitated within the meaning of
the Public Employees' Retirement Law for performance of his duties in the position
of Senior Police Officer; and does hereby find and determine that Cid Cabriales is
incapacitated for performance of the usual duties of the position for other California
public agencies in CaIPERS.
2. That the City Council of the City of Arroyo Grande find and determine and it 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 Cid Cabriales nor the City of Arroyo Grande has applied to the
Workers' Compensation Appeals Board for a determination pursuant to 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 Section 21164, Government
Code, effective April 26, 2012 and that no dispute as to the expiration of such leave
rights is pending. His last day on pay status is April 26, 2012.
RESOLUTION NO. 4443
PAGE 2
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 $1,591.15 beginning May 18, 2012; and
7. That the primary disabling conditions are cervical strain with herniated discs and
internal derangement, and left shoulder rotator cuff tear.
On motion of Council Member Costello, seconded by Council Member Brown, and on the
following roll call vote, to wit:
AYES: Council Members Costello, Brown, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24th day of April, 2012.
RESOLUTION NO. 1/03
PAGE 3
TONY F , MAYOR
ATTEST:
/ / aii(kutru__
KELLY E ORE, CITY CLERK
APPROVED AS TO CONTENT:
I '
STE N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM/ THY J. C EL, 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. 4443 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
24th day of April 2012.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of
April, 2012.
i ' li aiteltae\C__
KELLY TM1p RE, CITY CLERK
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