R 4813 RESOLUTION NO. 4813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT POLICE CHIEF STEVEN
ANNIBALI 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 Steven Annibali,
employed by the Agency in the position of Police Chief, 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
Steven Annibali is incapacitated within the meaning of the California Public
Employees' Retirement Law for performance of his duties in the position of Police
Chief and does hereby certify under penalty of perjury that this determination was
made on the basis of competent medical opinion and was not used as a substitute
for the disciplinary process in accordance with Government Code Section 21156
(a)(2).
2. Steven Annibali filed a Workers' Compensation claim for his disabling condition.
The Workers' Compensation claim was accepted.
3. 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.
4. That neither Steven Annibali 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
5. That the member will be separated from his employment in the position of Police
Chief after expiration of his leave rights under Government Code, Section 21164,
RESOLUTION NO. 4813
PAGE 2
effective August 8, 2017 and that no dispute as to the expiration of such leave
rights is pending. His last day on pay status will be August 8, 2017.
6. That there is not a possibility of third party liability; and
7. That Advanced Disability Pension Payments will be made in the amount of
$2,961.21 bi-weekly beginning August 9, 2017; and
8. The primary disabling condition is cardiovascular system and heart.
9. The duration of the disabling condition is expected to be permanent or last at least
twelve,consecutive months from the date of the application for benefit or will result I
death, which is certified by competent medical opinion, as determined on the basis
of competent medical opinion
On motion of Council Member Harmon, seconded by Council Member Ray, and on the
following roll call vote, to wit:
AYES: Council Members Harmon, Ray, Brown, and Mayor Hill
NOES: None
ABSENT: Council Member Barneich
the foregoing Resolution was passed and adopted this 8th day of August, 2017.
RESOLUTION NO. /g/3
PAGE 3
JIM ILL, MAYOR
TEST:
i %•/ / / ait4,60)Le___
KELLY ET/ORE, CITY CLERK
APPROVED AS TO CONTENT:
JAM �r �1 } MAN, CITY MANAGER
APPROVED AS TO FORM:
ATHER WHITHAM, 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. 4813 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 8th day of August, 2017.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of
August, 2017.
,V/1. / ,
KELLY WET +4 RE, CITY CLERK