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1982-199-Determining The Disability Retirement Of Harold A. JohnsonRESOLUTION NO. 1982 -199 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DETERMINING THE DISABILITY RETIRE- MENT OF HAROLD A. JOHNSON 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 for disability retirement of HAROLD A. JOHNSON, employed by the Agency in the position of POLICE CHIEF, 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 HAROLD A. JOHNSON is incapacitated within the meaning of the Public Employees' Retire- ment Law for performance of his duties in the position of Police Chief; 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 HAROLD A. JOHNSON 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 BE IT FURTHER RESOLVED that the member was or will be separated from his employment in the position of POLICE CHIEF after expiration of his leave rights under Section 21025.4, Government Code, effective December 31, 1982, 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 13t day Of November 1982, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrite, MarLyn J. Rasmussen, Peter W. Siemens and Mavor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ATTEST: CLERK OF THE TOWN OF LOS GA Q SIGNED:(/] , MAYOR OF THE TOWN OF LOS GATOS -2-