Resolution 1991-60
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RESOLUTION HO. 91 - 60
RESOLULTION OF THE OOUNCIL OF THE CITY OF GILROY CONCERNING DISABILITY RETIREMENT
OF BILLIE JOE McCUISTON (GOVERNMENT CODE SECTION 21025)
WHEREAS, the City of Gilroy (hereinafter referred to as Agency) is a
contracting agency of the Public Employees' 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, Billie Joe McCuiston, employed by the Agency in the position of
Assistant Police Chief, has filed an application for industrial disability
retirement, dated October 4, 1991, with the Public Employees' Retirement System;
and
WHEREAS, the City Council has reviewed the medical and other evidence
relevant to the alleged disability.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council does hereby find and determine that Billie Joe
McCuiston is incapacitated within the meaning of the Public Employees' Retirement
Law for performance of his duties as Assistant Police Chief; and
2. BE IT FURTHER RESOLVED that the City Council 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 further determine that such disability did not
result from an injury which is the direct consequence of a violent act perpetrated
upon the member, and did not occur during the performance of those portions of
McCuiston's duties which are particularly hazardous and dangerous; and neither the
City or McCuiston has filed a petition with the Workers' Compensation Appeals Board
pursuant to Government Code Section 21026 for a determination of the industrial
nature of the injury.
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RESOLUTION NO. 91 - 60
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3. BE IT FURTHER RESOLVED that McCuiston will be separated from his
employment of Assistant Police Chief effective October 8, 1991. The City Council
find that this effective retirement date is after expiration of McCuiston's leave
rights under Government Code Section 21025.4, and that no dispute as to the
operation of such leave rights is pending.
4. BE IT FURTHER RESOLVED that the City Council is not aware of the
possibility of third-party liability in this matter.
5. BE IT FURTHER RESOLVED that McCuiston will receive Advanced Disability
Pension Payments from the City for the period beginning October 8, 1991, in
accordance with the terms of Labor Code Section 4850.3, until such time as he
begins receiving disability pension payments from the Public Employees' Retirement
System. The Public Employees' Retirement System should mail reimbursement checks
to the City of Gilroy, 7351 Rosanna Street, Gilroy, California, 95020.
6. That the City Council finds that the primary disabiling condition is
psychiatric stress-related disorder.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting of said Council, held on the 7th day of October, 1991, by the following
vote of said Council:
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ
and HUGHAN.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER5: None
APPROVED:
Mayor
ATTEST:
d~~) ~,~~
/ - City Clerk ~
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RESOLUTION NO. 91 - 60
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 91-60
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
7th
day of
October
19~J._,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this
8th day of
October
19 91-
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(Seal)