R 4510A RESOLUTION OF THE CITY COUNCIL OF THE CITY Ot-
A ti . • • GRANDE ` • ' ' • !
OFFICER KIMBERELY MARTIN SUFFERS FROM AN INDUSTRIAL
PURSUANT DISABILITY • GOVERNMENT CODE SECTION
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 Kimberely Martin,
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 does hereby find and determine that
Kimberely Martin 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 Kimberely Martin 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 Kimberely Martin 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 her employment in the position of Senior
Police Officer after expiration of her leave rights under Section 21164, Government
Code, effective January 31, 2013 and that no dispute as to the expiration of such
leave rights is pending. Her last day on payroll status is January 31, 2013; and
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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 $1,578.23 beginning February 22, 2013; and
7. The primary disabling condition is degenerative disc disease with disc protrusion at
L5 -S1 with right sided radiculopathy with recurrent right L5 -S1 disc herniation.
On motion of Council Member Costello, seconded by Council Member Guthrie, and on the
following roll call vote, to wit:
AYES:
Council Members Costello, Guthrie, Ray, Brown and Mayor Ferrara
NOES:
None
ABSENT:
None
the foregoing Resolution was passed and adopted this 12th day of February, 2013.
1;g--ftw-���DAM�S.CITY MANAG�ER��
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TIMOr J. CAR , CITY ATTORNEY
I, KELLY WETMOR, 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. 4510 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
12th day of February, 2013.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of
February 2013.
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KELLY W TMO , CITY CLERK