1982-116
RESOLUTION NO. 82R-ll6
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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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 9th day of March, 1982.
ATTEST:
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CIfi CLElUC OF THE ITY OF ANAHEIM
FAL: jh
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STAlrE OF CALIFORNIA )
coutrrroF ORANGE ) ss.
CITY or ANAHEIM )
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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
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