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CI10 OF SAN BERNARDIQ) - REQUIQI' FOR COUNCIL AC'C>>N
From: RALPH H. PRINCE Subject: Lonnie D. Turner Appeal
Dept: City Attorney
Date: January 11, 1985
Synopsis of Previous Council action:
Hearing of Lonnie D. Turner on appeal of decision of the Public
Safety Disability and Rehabilitation Committee decision was before
the Mayor and Common Council on December 3, 1984.
Recommended motion:
Adopt the attached Statement of Decision; Notice of Time Limits
for Filing Petition for Writ of Mandate.
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Signature
n/a
Phone: 5056
Ward: rl/a
Source: n/a
Finance: n/a
Contact person:
SUSAN A HOPKTNS
Supporting data attached: StAff R"port
FUNDING REQUIREMENTS:
Amount:
Council Notes:
75-0262
Agenda Item N~ '
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CIO OF SAN BERNARDIQO - REQUIOT FOR COUNCIL ACOON
STAFF REPORT
On December 3, 1984, the Mayor and Common Council heard
the appeal from decision of the Public Safety Disability
and Rehabilitation Committee decision concerning Lonnie D.
Turner. We request that the Mayor and Common Council adopt
the attached Statement of Decision; Notice of Time Limits
for Filing Petition for Writ of Mandate as their formal
decision in this matter.
75.0264
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BEFORE THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
IN THE MATTER OF THE APPEAL OF
LONNIE TURNER
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STATEMENT OF DECISION;
NOTICE OF TIME LIMITS
FOR FILING PETITION FOR
WRIT OF MANDATE
The above-captioned matter pertaining to the Public Safety
Disability and Rehabilitation Committee decision concerning
Lonnie D. Turner came on for hearing on appeal on December 3,
1984, at 3:00 p.m. before the Mayor and Common Council of the
City of San Bernardino in the Council Chambers at 300 North "D"
Street, San Bernardino, California 92418.
Lonnie D. Turner, the appellant, was present and was
represented by Laurence R. Lerner, attorney at law. The Public
Safety Disability and Rehabilitation Committee of the City of San
Bernardino was represented by Susan A. Hopkins, Deputy City
Attorney. At the request of appellant, the Mayor and Common
Council heard arguments and examined the proof offered by the
parties in closed session, and the cause was submitted for
decision. The Mayor and Common Council, being fully advised,
make their findings of fact and statement of decision as follows:
FINDINGS OF FACT
1. Lonnie D. Turner was appointed as a police officer by
the Mayor and Common Council of the City of San Bernardino on
January 5, 1982. He was terminated from employment on March 12,
1982. His termination was approved by the Civil Service Board on
March 23, 1982.
2. Mr. Turner was granted a hearing before the Public
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Safety Disability and Rehabilitation Committee of the City of San
Bernardino on the issue of whether he was disabled for the
performance of duties as a public safety officer. On June 28,
1984, the Public Safety Disability and Rehabilitation Committee
found that Mr. Turner was not, incapacitated for the performance
of his duties as a peace officer. No written decision was
prepared.
3. Upon consideration of all the evidence, the Mayor and
Common Council have weighed the evidence, and find the evidence
provided by Dr. Robert G. Houghland and Dr. Gary J. LaTourette
to be persuasive and convincing. We accept Dr. Houghland's
opinion that there is no objective evidence of problems with
either knee, and that there is no evidence of a continuing
problem referrable to the patient's industrial injury, and the
opinion of Drs. Houghland and LaTourette that there are no
restrictions on Mr. Turner with regard to occupation. We reject
as less convincing all evidence to the contrary.
STATEMENT OF DECISION
1. Mr. Turner is not physically incapacitated for the
performance of duties as a public safety officer.
DATED:
AYES:
Counc il Members
NAYS:
ABSENT:
* * *
PLEASE TAKE NOTICE that the time within which judicial
review of the decision in this matter must be sought is governed
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by the provisions of Section 1094.6 of the California Code of
Civil Procedure which provides, in part, as follows:
"(a) Judicial review of any decision of a local agency,
other than school district, as the term local agency is defined
in Section 54951 of the Government Code, or of any commission,
board, officer or agent thereof, may be had pursuant to Section
1094.5 of this code only if the petition for writ of mandate
pursuant to such section is filed within the time limits
specified in this section.
(b) Any such petition shall be filed not later than the
90th day following the date on which the decision becomes
final. .
* * *
(d) If the petitioner files a request for the record as
specified in subdivision (c) within 10 days after the date the
decision becomes final as provided in subdivision (b), the time
within which a petition pursuant to Section ,1094.5 may be filed
shall be extended to not later than the 30th day following the
date on which the record is either personally delivered or mailed
to the petitioner or his attorney of record, if he has one."
PLEASE ALSO TAKE NOTICE that Section 1.26.030 of the San
Bernardino Municipal Code provides as follows:
"1. 26.030 Preparat ion and payment for record and reporter's
transcript.
Upon the filing of a written request for the record of the
proceedings or any portion thereof, an amount estimated to cover
the actual cost of preparing the record shall be deposited in
advance with the City official preparing the record. The record
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prepared by the City official shall include the transcript of the
proceedings, other than a reporter's transcript; all pleadings,
notices, orders, final decision, exhibits admitted or rejected,
all written evidence, and any other papers in the case. When a
hearing has been reported by a court reporter and the petitioner
desires a reporter's transcript, the petitioner shall arrange
directly with the court reporter for the transcript, pay the
reporter directly, and lodge the transcript with the court,
serving notice of the lodging to the City Attorney."
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