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1983-083-Determining The Disability Retirement Of Clarence W. YoungRESOLUTION NO. 1983 -83 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DETERMINING THE DISABILITY RETIREMENT OF CLARENCE W. YOUNG WHEREAS, the TOWN OF LOS GATOS (hereinafter referred to as Agency) 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' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, an application of disability retirement of CLARENCE W. YOUNG, employed by the Agency in the position of POLICE CAPTAIN, has been filed with the Public Employees' Retirement System; and WHEREAS, the Town Council has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos find and determine, and it does hereby find and determine that CLARENCE W. YOUNG is incapacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of POLICE CAPTAIN; and BE IT FURTHER RESOLVED that the Town Council find and determine, 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 CLARENCE W. YOUNG nor the Agency of the Town of Los Gatos has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial; and -I- BE IT FURTHER RESOLVED that the member was or will be separated from his employment in the position of POLICE CAPTAIN after expiration of his leave rights under Section 21025.4, Government Code, effective June 30, 1983, and that no dispute as to the expiration of such leave rights is pending. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, California, at a regular meeting held this 2nd day of May, 1983, by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito, MarLyn J. Rasmussen and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS No ATTEST: CLERK' OF��TO'WN OF LOS r�S SIGNED: i -2- MAYOR OF THE TOWN OF LOS GATOS