RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, FINDING THAT RANDALL PETERSON, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER WHEREAS, the City of Rialto (hereinafter referred to as “City”) is a contracting agency of the California Public Employees’ Retirement System (“CalPERS”); and WHEREAS, the California Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the California Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such law; and WHEREAS, an application for the industrial disability retirement of Randall Peterson, employed by the City in the position of Police Officer, for orthopedic disabilities, has been filed with CalPERS; and WHEREAS, the City has reviewed the medical and other evidence relevant to such alleged disability.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Randall Peterson is incapacitated within the meaning of the California Public Employees’ Retirement Law from performance of his duties in the position of Police Officer and does hereby certify under penalty of perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process in accordance with Government Code Section 21156(a)(2).
Randall Peterson had filed a Workers’ Compensation claim for his disabling condition. The Workers’ Compensation Claim was accepted.
BE IT FURTHER RESOLVED THAT the City of Rialto does hereby find and determine that such disability is a result of injury or disease arising out of and in the course of employment. Neither Randall Peterson nor the City has applied to the Workers’ Compensation Appeals Board pursuant to Section 21166 whether such disability is industrial; and BE IT FURTHER RESOLVED THAT the member has separated from his position of Police Officer effective June 4, 2022, and that no dispute as to the expiration of such leave rights is pending. His last day on paid status was June 4, 2022. And his retirement date is June 5, 2022. There is no possibility of third-party liability. Advanced Disability Pension Payments will be made.
PASSED APPROVED AND ADOPTED this 14th day of June, 2022. _______________________________
Deborah Robertson, Mayor
ATTEST:
______________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 14th day of June, 2022.
Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ____________________________________
BARBARA McGEE, CITY CLERK
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