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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