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1982-330RESOLUTION NO. 82R -330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT RICHARD DOWN IS DISABLED WITHIN THE MEANING OF THE PUBLIC EMPLOYEES' RETIREMENT LAW FOR THE POSITION OF FIRE ENGINEER 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 Richard Down employed by the City in the position of Fire Engineer 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 Rid'hard Down is incapacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of Fire Engineer 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 Richard Down nor the.City of Anaheim, has applied to the Workers' Compensation Appeals Board for a determination pursuant to Govern- ment Code, 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 Engineer I, after payment of his leave rights under the Personnel Rules of the City of Anaheim effective June 17, 1982, and that no dispute as to the expiration of such leave rights is pending. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this Ad day of e, 1982. /L ATTEST: MAYOR OF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM /in STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS City Clerk of the City of Anaheim do hereby certify that the foregoing Resolution No. 82R -330 was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim held on the 22nd day of June 1982 by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood Pickler Bay, Overholt and Roth 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 -330 on the 22nd day of June 1982. IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of June 1982. C;P& 0 — kt� . , , CITY CL RK OF THE CIT ANAHEIM (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 -330 duly passed and adopted by the Anaheim City Council on June 22, 1982. � 3 F