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HomeMy Public PortalAbout93-164 (12-21-93)RESOLUTION NO. 93-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR INDUSTRIAL DISABILITY RETIREMENT OF EMANUEL L. DALE PURSUANT TO. SECTION 21025 OF THE GOVERNMENT CODE WHEREAS, the City of Lynwood (hereinafter referred to as Agency) is a contracting agency of the Public Employee's Retirement System; and 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 Emanuel L. Dale employed by the Agency in the position of Fire Captain has been filed with the Public Retirement System; and WHEREAS, the Lynwood City Council has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED that, the City Council of Lynwood does hereby find, determine, order and resolve as follows; Section l._ That the Lynwood City Council of Lynwood find and determine and it does hereby find and determine that Emanuel L. Dale is incapacitated within the meaning of the Public Employees° Retirement Law for performance of his duties in the position of Fire Captain due to an industrial related hearing loss. Section 2. That the City Council of the City of Lynwood 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 of employment and there is not a possibility of third party liability. Section 3, That the member was or will be separated from his employment in the position of Fire Captain after expiration of his leave rights under Section 21025.4, Government Code, effective November 12, 1993 and that no dispute as to the expiration of such leave rights is pending. PASSED, APPROVED AND ADOPTED this 21st day of December , 1993, ~~ PAUL H. RICHARDS II, Mayor City of Lynwood ATT%]/E/SST/ ,v~/ni n /~~~ {{{~~~ NDREA L. HOOP ~ t~G q~,~ ~y~ ~ ~ City Clerk/ / APPROVED AS TO CON'T'ENT: p~ ~ ~a~k Gail L. Black Director of Human Resources APPROVED AS TO FORM: 1~1~...» a. r2..d.w City Attorney