R 4693 RESOLUTION NO. 4693
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
RESOLUTION NO. 4693
PAGE 2
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 Barneich, seconded by Council Member Brown, and on the
following roll call vote, to wit:
AYES: Council Members Barneich, Brown, Guthrie, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of October 2015.
RESOLUTION NO. l'/ ./3
PAGE 3
JIM HILL, MAYOR
ATTEST:
KITTY N f•,"TON, DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
6
DIANNE THOMP 0 , TY MANAGER
APPROVED AS TO FORM:
I(EATHER WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KITTY NORTON, 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 the attached Resolution No. 4693 was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 13th day of
October, 2015.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th
day of October 2015.
Zetfr-t-71/75:;}-
KITTY N•t'TON, DEPUTY CITY CLERK
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