HomeMy WebLinkAboutCC RES 95-003•
RESOLUTION NO. 95-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT GRANTING MR. CRAIG STULL AN INDUSTRIAL
DISABILITY RETIREMENT AS PROVIDED BY SECTION(S)
21025 AND 21022.1 OF THE GOVERNMENT CODE.
WHEREAS, The City of Palm Desert (hereinafter referred to as
Agency) is a contracting agency of the Public Employee's Retirement
System; and
WHEREAS, the Public Employee's Retirement Law requires that a
contracting agency determine whether an employee of such agency in
employment in which he is classified as a local miscellaneous
member is disabled for purposes of the Public Employee's Retirement
Law and whether such disability is "industrial" within the meaning
of such Law; and
WHEREAS, an application for industrial disability retirement
of Mr. Craig Stull employed by the Agency in the position of
Streets Supervisor has been filed with the Public Employee's
Retirement System; and
WHEREAS, the City of Palm Desert has reviewed the medical and
other evidence relevant to such alleged disability;
NOW, THEREFORE, BE IT RESOLVED:
That the City of Palm Desert find and determine and it does
hereby find and determine that Mr. Craig Stull is incapacitated
within the meaning of the Public Employee's Retirement Law for
performance of his duties in the position of Streets Supervisor;
and
BE IT FURTHER RESOLVED THAT A PETITION has been filed with the
Workers' Compensation Appeals Board for a determination pursuant to
Section 21026, Government Code; and a copy of such determination
will be provided when rendered; and
BE IT FURTHER RESOLVED that the member was, or will be,
separated from his employment in the position of Streets Supervisor
after expiration of his leave rights under Section 21025.4,
Government Code, effective February 9, 1995 and that no dispute as
to the expiration of such leave rights is pending. There is not a
possibility of third party liability. Advanced Disability Pension
payments will not be made. The primary disabling condition is
psychological. The member is not competent to act on his own
behalf in legally binding retirement matters.
RESOLUTION NO: 95-3
This resolution is effective upon adoption by the City Council
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
9th day of February, 1995, by the following vote, to wit:
AYES: BENSON, KELLY, SNYDER, SPIEGEL, CRITES
1
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
SHEILA GILLI AN, CITY •LERK
CITY OF PALM DESERT
APPROVED:
BUFORD CRITES, MAYOR