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R 3564 - 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 I 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. I . I I I I I , i I - --- -.---- RESOLUTION NO. 3564 PAGE 3 MICHAE~~ ATTEST: ( , DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK \ APPROVED AS TO CONTENT: I I S~~~~ITY MANAGER I I I , I i I APPROVED TO AS FORM: ~L. CITY ATTORNEY I I I I , I I I I I : , i i I' I I I , I - --.----- 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 I i { lt~, ! . . ,I E, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK