Resolution No. 4727277
RESOLUTION No. 4727
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING
CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR DISABILITY
RETIREMENT.
WHEREAS, the City of Cypress (hereinafter referred to as Agency) is a
contracting agency of the Public Employee's Retirement System;
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, the City Council is authorized under Section 21034 of the California
Government Code and Agency Resolution No. 3584 to delegate its authority and duty
to make such determinations to its City Manager and /or his designee, and finds the such
delegation is in the best interests of the City; and,
WHEREAS, the City Council delegates to the City Manager and /or his designee(s)
full authority on behalf of the City to make safety employee determinations under Section
21020 et. seq., California Government Code and Agency Resolution No. 3584, of
disability, whether such disability is industrial, and related determinations, and to certify
such determinations and all other necessary information to the Public Employees'
Retirement System and is further authorized and directed to promulgate such rules and
procedures as appropriate; and,
WHEREAS, an application for disability retirement of Stephen P. Spernak,
previously employed by the Agency in the position of Police Agent has been filed with
the Public Employees' Retirement System; and,
WHEREAS, a medical record has been established; and
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the Agency has
reviewed the medical reports and other evidence relevant to such alleged disability; and,
BE IT FURTHER RESOLVED AS FOLLOWS:
Section 1. That the City Manager of the Agency find and determine and it does
hereby find and determine that Stephen P. Spernak is not incapacitated within the
meaning of the Public Employees' Retirement Law for performance of his duties in the
position of Police Agent; and,
Section 2. That the City Manager of the Agency does hereby find and determine
that such disability is not a result of injury or disease arising out of and in the course of
employment; and,
Section 3. That the City Manager of the Agency shall notify the Public
Employees' Retirement System that Stephen P. Spernak's industrial disability retirement
application is and shall be denied.
PASSED AND ADOPTED by the City Council of the City of Cypress at an
adjourned regular meeting held on the 10th day of December, 1996.
MAYOR OF THE CITY OF CYPRESS
278
ATTEST:
•
ay\ AziA„:61_
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at an adjourned regular meeting of the
said City Council held on the 10th day of December, 1996; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Bowman, Jones, Keenan, Piercy
None
None
and Carroll
a-.— V, ` CITY CLERK CL RK OF THE CITY OF CYPRESS