1982-179
RESOLUTION NO. 82R-179
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT
KENT S. WHEELER IS DISABLED WITHIN THE MEANING
OF THE PUBLI C EMPLOYEES' RETIREMENT LAW FOR
THE POSITION OF FIRE FIGHTER I.
WHEREAS, the City of Anaheim 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' Retire-
ment Law and whether such disability is "industrial" within the
meaning of such law~ and
WHEREAS, an application for disability retirement of
Kent S. Wheeler employed by the City in the position of Fire
Fighter I, has been filed with the Public Employees' Retirement
System~ 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 determines, and it does hereby
find and determine, that Kent S. Wheeler is incapacitated with-
in the meaning of the Public Employees' Retirement Law for
performance of his his duties in the position of Fire Fighter I.
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
Kent S. Wheeler nor the City of Anaheim, has applied to the
Workers' Compensation Appeals Board for a determination pursuant
to Government Code, Section 21026, whether such disability is
industrial.
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BE IT FURTHER RESOLVED that the member was or will be
separated from his employment in the position of Fire Fighter I,
after payment of his leave rights under the Personnel Rules of
the City of Anaheim effective April 7, 1982, 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 6th day of April, 1982.
ATTEST:
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CLERK OF THE ITY OF ANAHEIM
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MAYOR OF THE C Y OF ANAHEIM
PRO TEM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
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I, LIIDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Resolution No. 82R-179 was introduced and adopted at a
regular meeting provided by law, of the City Council of the City of Anaheim
held on the 6th day of April, 1982, by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 82R-179 on the 6th day of April, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of April, 1982.
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CITY ERIC 'OF . CI OF ANAHEIM
(SBAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original of Resolution No. 82R-l79, duly passed
and adopted by the Anaheim City Council on April 6, 1982.
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CITY · CLERK .
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