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1995-101-Determining The Disability Retirement Of Eugene Lawrence StormRESOLUTION 1995 - 101 RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING THE DISABILITY RETIREMENT OF EUGENE LAWRENCE STROM WHERAS, the TOWN OF LOS GATOS (hereinafter referred to as Agency) is a contracting agency of the Public Employee's Retirement System; and WHERAS, the Public Employee's 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's Retirement Law and whether such disability is "industrial" within the meaning of such law; WHERAS, an application for disability retirement of EUGENE LAWRENCE STROM employed by the Agency in the position of POLICE OFFICER has been filed with the Public Employees' Retirement System; and WHERAS, 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 EUGENE LAWRENCE STROM is incapacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of Police Officer; and BE IT FURTHER RESOLVED THAT A PETITION has been filed with the Workers' Compensation Appeals Board for a determination pursuant to Section 21026, Government Code; and BE IT FURTHER RESOLVED that the member will be separated from his employment in the position of Police Officer after expiration of his leave rights under Section 21025.4, Government Code, effective September 16, 1994 and that no dispute as to the expiration of such leave rights is pending. There is not a possibility of third party liability. Advanced Disability Pension payments will not be made. The primary disabling condition is psychological. The member is competent to act in his own behalf in legally binding retirement matters and is represented by counsel. The member's disabling condition is not a direct consequence of a violent act perpetrated upon the member's person or did not occur during the performance of those portions of the member's duties which are particularly, hazardous and dangerous. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of August, 1995 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Patrick O'Laughlin NAYES: None ABSENT: None ABSTAIN: None SIGNED:.� MAYOR � OF THE TOWN LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LO ATOS LOS GATOS, CALIFORNIA