R 3499
RESOLUTION NO. 3499
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT POLICE OFFICER
JASON POLE 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;
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 disability retirement of Jason Pole, 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
Jason Pole is incapacitated within the meaning of the Public Employees'
Retirement Law for performance of his duties in the position of Police Officer; and
2. A petition will be filed with the Worker's Compensation Appeals Board for a
determination pursuant to Government Code Section 21166, and a copy of such
determination will be provided when rendered; and
3. That the member will be separated from his employment in the position of Police
Officer after expiration of his leave rights under Government Code Section 21164,
effective January 23, 2001 and that no dispute as to the expiration of such leave
rights is pending; and
4. There is not a possibility of third party liability; and
5. Advanced disability payments will be made bi-weekly in the amount of $840.93
beginning February 9, 2001 (for pay commencing January 24, 2001); and
6. The primary disabling condition is orthopedic; and
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RESOLUTION NO. 3499
PAGE 2
7. The member's disabling condition is not a direct consequence of a violent act
perpetrated upon the member's person and did not occur during the performance
of those portions of the member's duties which are particularly hazardous and
dangerous.
On motion of Council Member Dickens, seconded by Council Member Runels, and on the
following roll call vote, to wit:
AYES: Council Members Dickens, Runels, Lubin, Ferrara, and Mayor Lady
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 23rd day of January, 2001.
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RESOLUTION NO. 3499
PAGE 3
MICHAEL LAD~
ATTEST:
0 tv fML~.~
E, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~~.
STEVEN ADAMS, CITY MANAGER
APPROVED TO AS FORM:
~.~~ORNEY
RESOLUTION NO. 3499
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3499 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 23rd day of January, 2001.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th
day of January, 2001.
J: h 4i~ .
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK