R 3564
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RESOLUTION NO. 3564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT SENIOR POUCE
OFFICER RICHARD CHECANSKY SUFFERS FROM AN
INDUSTRIAL DISABIUTY 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 Richard Checansky, 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 find and determine and does hereby
find and determine that Richard Checansky is incapacitated within the meaning of I
the Public Employees' Retirement Law for performance of his duties in the position
of Senior Police Officer; and
2. Be it further resolved that the City Council of the City of Arroyo Grande find and I
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determine and it does hereby find and determine that such disability is a result of I
injury or disease arising out of and in the course of employment.
Neither said Richard Checansky nor the City of Arroyo Grande has applied to the
Worker's Compensation Appeals Board for a determination pursuant to Section
21166 whether such disability is industrial.
3. Be it further resolved that the member was, or will be, separated from his
employment in the position of Senior Police Officer after expiration of his leave
rights under Section 21164, Govemment Code, effective November 18, 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
RESOLUTION NO. 3564
PAGE 2
5. Advanced Disability Pension payments will be made. The payments will be made
bi-weekly in the amount of $1004.21 beginning November 19, 2001 (for pay
commencing November 30, 2001); and
6. The primary disabling condition is stress. The member is competent to act on his
own behalf in legally binding retirement matters; and
7. The member's disabling condition is not a direct consequence of a violent act
perpetrated upon the member's person or 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, Ferrara, Lubin, and Mayor Lady
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of November, 2001.
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RESOLUTION NO. 3564
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MICHAE~~
ATTEST:
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, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK \
APPROVED AS TO CONTENT: I
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S~~~~ITY MANAGER I
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APPROVED TO AS FORM:
~L. CITY ATTORNEY I
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RESOLUTION NO. 3564
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. 3564 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 13th day of November, 2001.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 19th
day of November, 2001. I
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E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK