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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10' <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R- 3 0 -88 <br />RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF COLTON <br />SECTION 21025, GOVERNMENT CODE <br />WHEREAS, the City of Colton (hereinafter referred to as Agency) <br />is a contracting agency of the Public Employees' Retirement System; <br />WHEREAS, the Public Employees' Retirement Law requires that <br />a contracting agency determine whether an employee of such agency in <br />employment in which he is classified as a local safety member is disabled <br />for purposes of the Public Employees' Retirement Law and whether such <br />disability is "industrial" within the meaning of such law; <br />WHEREAS, an application for disability retirement of Jorge <br />B. Gomez employed by the Agency in the position of Police Officer has <br />been filed with the Public Employees' Retirement System; and <br />WHEREAS, the City Council of the City of Colton has reviewed <br />the medical and other evidence relevant to such alleged orthopedic <br />disability; <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of the <br />City of Colton find and determine and it does hereby find and determine <br />that Jorge B. Gomez is incapacitated within the meaning of the Public <br />Employees' Retirement Law for performance of his duties in the position <br />of Police Officer; and <br />BE IT FURTHER RESOLVED that the City Council of the City of <br />Colton find and determine and it does hereby find and determine that <br />such a disabilty is a result of injury arising out of and the course <br />of employment; and further determine that such disability did not result <br />from an injury which is the direct consequence of a violent act <br />perpetrated upon the member or did not occur during the performance of <br />those portions of the member's duties which are particularly hazardous <br />