HomeMy Public PortalAbout2001.001 (01-02-01)RESOLUTION NO. 2001 .001
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD APPROVING THE APPLICATION FOR DISABILITY
RETIREMENT OF STEPHEN P. STEWART PURSUANT TO
SECTION 21156 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 Employee's Retirement Law requires that a contracting
agency deternine 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 Employee's
Retirement Law and whether such disability is "industrial" within the meaning of such
Law; and
WHEREAS, an application. for disability retirement of Stephen P. Stewart
employed by the Agency in the position of Firefighter has been filed with the Public
Employeees' Retirement System; and '
WHEREAS, the Lynwood City Council has reviewed the medical and other
evidence relevant to such alleged disability; and
WHEREAS, there is not a possibility of third party liability; and
WHEREAS, the primary disabling condition is orthopedic; and
WHEREAS, advanced disability pension payments will not be made.
NOW, THEREFORE, BE IT RESOLVED, that the Lynwood City Council
find and determine that Stephen P. Stewart is incapacitated within the meaning of the
Public Employee's Retirement Law for performance of his duties in the position of
Firefighter; and
BE IT FURTHER RESOLVED THAT THE Lynwood City Council find and
determine and it does find and determine that such disability is a result of injury or
disease arising out of and in the course of employment.
BE IT FURTHER RESOLVED THAT A PETITION was filed with the
Workers' Compensation Appeals Board for a determination pursuant to Section 21166,
Govenument Code; and a copy of such determination is attached; and
BE IT FURTHER RESOLVED that the member was separated from his
employment in the position of Firefighter after expiration of his leave rights under
Section 21164, Govermlent Code, effective October 3`l, 2000 and that no dispute as to
the expiration of such leave rights is pending.
PASSED, APPROVED and adopted this 2ndday of Januar , 2001.
/i`
PAIL-- PI-RTCA~~-I1---~
MAYOR
ATTEST:
~~~
ANDREA L. HOOPER, City Clerlc
APPROVED AS TO FORM:
C ~ y A torney
APPROVED AS TO CONTENTS:
' Ral .Davis i y Manager
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, ~-
do hereby certify that the foregoing resolution was assed and
p ~,
adopted by the City Council of the City of~Lynwood at a regular
meeting held on the 2nd day of January 2001.
And passed by the following vote:
AYES: COUNCILMAN BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES : NONE
ABSENT : NONE '
a
City Clerk, ,City of Lynwood
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I; the undersigned, City Clerk of the City of Lynwood,
and Clerk of the City Council of said City hereby certify that the
above and foregoing is a full, true and correct copy of resolution
no.2001..nnh on file in my office and that said resolution was
adopted on the date and by the votes there in stated. Dated
this 2nd day of January ,2001.
City Clerk, City of~Lynwood