HomeMy WebLinkAboutResolutions - No. 2019-110RESOLUTION NO. 2019-110
A RESOLUTION OF THE CITY OF LODI AUTHORIZING
WORKERS' COMPENSATION COVERAGE FOR OFF-DUTY
PEACE OFFICERS INJURED OUT-OF-STATE PURSUANT TO
LABOR CODE SECTION 3600.2
WHEREAS, California Labor Code Section 3600.2 was amended by Assembly Bill 1749
in 2018, to allow a peace officer employer to accept liability for workers' compensation liability
and provide benefits for an injury or illness sustained by a peace officer by reason of engaging
in the apprehension or attempted apprehension of law violators or suspected law violators, or
protection or preservation of life or property, or the preservation of the peace, outside the State
of California, but who was not at the time acting under the immediate direction of his or her
employer, if the employer determines that providing compensation serves the public purposes
of the employer; and
WHEREAS, the City's workers' compensation insurance carrier, Local Agency Workers'
Compensation Excess Joint Powers Authority (LAWCX), has amended its Memorandum of
Coverage to provide coverage for peace officers who sustain a bodily injury or occupational
illness while out-of-state under the circumstances described in Section 3600.2, but only if, prior
to the occurrence, the governing board of the covered member has adopted a resolution under
Section 3600.2, subsection (b)(4), accepting liability for such injury and or illness under the
California workers' compensation law; and
WHEREAS, the City desires to accept workers' compensation liability for peace officers
in its employ who sustain an injury or illness while out-of-state in accordance with Labor Code
Section 3600.2 and the LAWCX Memorandum of Coverage.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as
follows.
1. The City authorizes and agrees to accept liability for workers' compensation benefits
under California Labor Code, Division 4 for an injury or illness sustained by a City peace officer
by reason of engaging in the apprehension or attempted apprehension of law violators or
suspected law violators, or protection or preservation of life or property, or the preservation of
the peace, outside the State of California, but who was not at the time acting under the
immediate direction of the City. This resolution is adopted pursuant to Labor Code Section
3600.2, subsection (b)(4).
2. The City finds and determines that providing workers' compensation benefits in the
circumstances described in paragraph 1 serves the public purposes of the City.
3. Workers' Compensation coverage under Labor Code Section 3600.2 shall not apply if,
at the time of the occurrence, the peace officer was suspended from peace officer duty or
otherwise not in good standing as a peace officer.
4 This coverage applies only to a "peace officer" as defined by Government Code Section
50920, and any subsequent amendments thereof.
Dated: June 19, 2019
I hereby certify that Resolution No. 2019-110 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 19, 2019, by the following votes:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
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NIFER FERRAIOLO
City Clerk
2019-110