R 3893
RESOLUTION NO. 3893
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT POLICE OFFICER
ERIN TAYLOR 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 ~ystem; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting agency
determine whether an employee of such agency in employment in which he/she 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;
WHEREAS, an application for industrial disability retirement of Erin Taylor employed by
the Agency in the position of 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 that the City Council of the City of Arroyo
Grande find and determine and it does hereby find and determine that Erin Taylor is
incapacitated within the meaning of the Public Employees' Retirement Law for
performance of her usual duties in the position of Police Officer; and does further
hereby find and determine that Erin Taylor is incapacitated for performance of the usual
duties of the position for other California public agencies in CaIPERS.
BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande find
and determine and it does hereby find and determine that such disability is a result of
injury or disease arising out of and in the course and scope of her employment. Neither
said Erin Taylor nor the City of Arroyo Grande has applied to the Workers'
Compensation Appeals Board for a determination pursuant to Section 21166 whether
such disability is industrial; and
BE IT FURTHER RESOLVED that the member will be separated from her employment
in the position of Police Officer after expiration of her rights under Section 21164,
Government Code. effective December 29. 2005 and that no disputes as to the
expiration of such leave rights is pending. Her last day on pay status is December 28,
2005.
RESOLUTION NO. 3893
PAGE 2
BE IT FURTHER RESOLVED that the following findings and conditions are present:
1. There is not a possibility of third party liability.
2. Advanced Disability Pension payments will be made. The payments will be
made bi-weekly in the amount of $2,270.77 beginning January 20, 2006.
3. The primary disabling condition is chronic lumbar syndrome with degenerative
disc disease.
,
On motion of Council Member Guthrie, seconded by Council Member Arnold, and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Guthrie, Arnold, Dickens, and Mayor Ferrara
None
Council Member Costello
the foregoing Resolution was passed and adopted this 13th day of December, 2005.
RESOLUTION NO. 3t\'i3
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TONY F . A, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
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STEVEN ADAMS, CITY MANAGER
APPROVED TO AS FORM:
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CftRMEL, CITY ATTORNEY
RESOLUTION NO. 3893
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
Resolution No. 3893 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 December 2005. .
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of December 2005.
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ORE"CITY CLERK