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1982-116 RESOLUTION NO. 82R-ll6 - A RESOLUTION OF THE CITY COU~CIL OF THE CITY OF ANAHEIM FINDING AND DETE~INING THAT KENNETH MELLOTT IS DISABLED WITHIN THE MEANING OF THE PUBLIC EMPLOYEES' RETIREMENT LAW FOR THE PERFORMANCE OF HIS DUTIES IN THE POSITION OF FIRE CAPTAIN I. WHEREAS, the City of Anaheim is a contracting agency of the Public Employees' Retirement S~stemi and WHEREAS, the Public Employees) Retirement Law requires that a contracting agency determine w~ether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of th~ Public Employees' Retire- ment Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of Kenneth Mellott employed by the City in the position of Fire Captain I, has been filed with the Public Employees' Retirement Systemi and WHEREAS, the City Council of the City of Anaheim has reviewed the medical and other evidence relevant to such alleged disability. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim finds and dete!rmines, and it does hereby find and determine, that Kenneth Mellott is incapacitated with- in the meaning of the Public Employeeis' Retirement Law for performance of his duties in the position of Fire Captain I; and BE IT FURTHER RESOLVED that the City Council of the City of Anaheim finds and determines, 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 neither said Kenneth Mellott nor the City of Anaheim, has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial. BE IT FURTHER RESOLVED that the member was or will be separated from his employment in the position of Fire Captain I, after payment of his leave rights under the Personnel Rules of the City of Anaheim effective December 21, 1981, and that no dispute as to the expiration of such leave rights is pending. -1- -- {- - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the city of Anaheim this 9th day of March, 1982. ATTEST: ~k)~.~ CIfi CLElUC OF THE ITY OF ANAHEIM FAL: jh -2- ~ STAlrE OF CALIFORNIA ) coutrrroF ORANGE ) ss. CITY or ANAHEIM ) '\ I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-ll6 was introduced and adopted at a regular meeting provided by law, of the City Council of the CiXy of Anaheim held-on the 9th day of March, 1982, by the following vote of the members thereof~ AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 82R-ll6 on the 9th day of March, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of March, 1982. cI~~/fi'*r~~lElM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-ll6 duly passed and adopted by the Anaheim City Council on March 9, 1982. ~~a!J.~ CI'FY CLERK ..~ JlI ~