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COUNCIL <br />REQUEST FOR COUNCIL ACTION <br />JUN 2 9 im <br />ClTYCr'CRC'.O' <br />Department Approval: <br />Name RonMoorse <br />Title City Administrator <br />DATE: June 26, 1998 <br />ITEM NO: ^ <br />Administrator Reviewed Agenda Seetion: <br />City Administrator's <br />Report <br />Item Description: Update Regarding the Status of Officer Mark Thornton <br />Officer Mark Thornton has been on a leave from his police officer position since March 19 due to <br />a medical condition. On May 29,1998, the City received a letter from Officer Thornton's physician <br />indicating that due to Officer Thornton's medical condition, his physician considers him to be <br />completely disabled from work as a police officer. His doctor has indicated he cannot perform <br />activities which would require excessive physical exertion such as running or jumping. <br />Additionally, acute stressful situations would be poorly tolerated. <br />Officer Thornton has indicated he would return to work with the City if the City provided a position <br />that he could perform within his medical restrictions. The Police Department does not have work <br />available that would be within his medical restrictions. <br />There are many laws, regulations and requirements that need to be followed as the City determines <br />and pursues a course of action regarding Officer Thornton. These include the Family and Medical <br />Leave Act, Workers' Compensation, Veteran's Preference, the Americans with Disabilities Act, and <br />the Police Officer Collective Bargaining Agreement. <br />Family and Medical Leave <br />Officer Thornton used up his remaining sick leave benefits in late March. Since then. Officer <br />Thornton has been on a leave of absence without pay. Beginning on April 7, the City has provided <br />Officer Thornton with leave benefits as required by the Family and Medical Leave Act. These <br />benefits are a 12 week leave during which the City has continued to pay Officer Thornton's health <br />insurance premiiuns. Officer Thornton's Family and Medical Leave Act leave benefits will expire <br />on June 30, 1998. <br />Workers' Compensation Claim <br />Officer Thornton has made a workers' compensation claim based on his claim that his medical <br />condition is work related. The City's third party workers' compensation administrator has <br />preliminarily denied the claim. However, Officer Thornton is continuing to pursue the claim. If the <br />claim is found to be valid, the City, through its workers' compensation insurance, would be <br />responsible for providing substantial workers’ compensation benefits.