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1 RESOLUTION NO. I-126-97 <br />2 <br />3 A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF COLTON, CALIFORNIA, PURSUANT TO <br />4 GOVERNMENT CODE SECTION 21025, MAKING <br />5 DETERMINATION OF DISABILITY STATUS FOR <br />LOCAL SAFETY EMPLOYEE <br />6 <br />7 WHEREAS, the City of Colton (hereinafter referred to as Agency) is a <br />8 contracting agency of the Public Employees' Retirement System; <br />9 <br />WHEREAS, the Public Employees' Retirement Law requires that a contracting <br />10 <br />agency determine whether an employee of such agency in employment in which he is <br />11 <br />12 classified as a local safety member is disabled for purposes of Public Employees' Retirement <br />13 Law and whether such disability is "industrial" within the meaning of such Law; <br />14 WHEREAS, an application for disability retirement of James J. Wheaton <br />15' <br />employed by the Agency in the position of Firefighter Specialist has been filed with the Public <br />16 <br />17 Employees' Retirement System; and <br />18 WHEREAS, the City Council has reviewed the medical and other evidence <br />19 relevant to such alleged disability; <br />20 NOW, THEREFORE, BE IT RESOLVED that the City Council find and <br />21 <br />determine and it does hereby find and determine that James J. Wheaton is incapacitated within <br />22 <br />23 the meaning of the Public Employees' Retirement Law for performance of his duties in the <br />24 position of Firefighter Specialist; and <br />25 BE IT FURTHER RESOLVED that the City Council find and determine and it <br />26 does hereby find and determine that such disability is a result of injury or disease arising out of <br />27 <br />and in the course of employment. Neither James J. Wheaton nor the City of Colton have <br />28 <br />