For City Council Meeting November 25, 2025
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Shama P. Curian, Director of Human Resources & Risk Management
Title
Request City Council to Adopt Resolution No. 8432 Approving the Industrial Disability Retirement of Roger Nakamura.
Body
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the Industrial Disability Retirement of Roger Nakamura.
BACKGROUND
Roger Nakamura is a 51-year-old Police Officer hired on August 12, 1996. Mr. Nakamura has four workers’ compensation claims that have been accepted and determined to have arisen out of employment with the City of Rialto.
On November 4, 2024, Mr. Nakamura sustained an injury to his head, neck, back, and knees from a motor vehicle accident while on duty. He was conservatively treated at a Kaiser facility.
An MRI of the lumbar spine conducted on March 24, 2025, showed multilevel degenerative changes with multilevel disc bulging and facet arthropathy. He underwent conservative treatment, including physical and acupuncture therapy, and continued to work in a modified capacity. On May 8, 2025, he was released to permanent and stationary work with permanent restrictions of sit/stand at will, no aggressive activities, no lifting over 20 pounds, no repetitive bending, stooping or twisting. Mr. Nakamura filed a service retirement pending an Industrial Disability Application with the California Public Employees’ Retirement System (“CalPERS”), and on August 31, 2025, retired from the City.
On September 5, 2025, Mr. Nakamura was examined by Independent Medical Examiner (IME), Dr. Fleming, who concluded that he is substantially incapacitated from performing the essential duties of his position as a Police Officer due to his injury on November 4, 2024.
ANALYSIS/DISCUSSION
For Local Safety Members enrolled in CalPERS, California Government Code 21156 sets forth the criteria for the City Council to decide that a public employee is incapacitated physically or mentally for the performance of their duties and is eligible to retire based on their disabling condition.
In accordance with the California Public Employees’ Retirement Law (“PERL”), a local safety employee qualifies for an IDR if they 1) are determined, on the basis of competent medical opinion, to be substantially incapacitated from performing the usual and customary duties of their position, 2) the disability is permanent or of an extended and uncertain duration, and 3) the cause of the injury or illness is industrial, arising out of and in the course of employment.
In accordance with CalPERS guidelines, as soon as it is believed that an employee is unable to perform their job because of an industrial injury or illness that is expected to be permanent or of an extended and uncertain duration, the employee (or the employer on their behalf) should submit an application for an IDR.
Mr. Nakamura exercised his option to file for a service retirement pending an IDR based upon medical findings. The subsequent IME report supports the IDR, stating that he has reached Maximum Medical Improvement (MMI) and is substantially incapacitated from his usual and customary duties as a Police Officer.
Considering the above, the City’s Workers’ Compensation Attorney, Dave Thomas, believes that the City has all the information necessary to determine that Mr. Roger Nakamura to be industrially disabled from his position of Police Officer in accordance with the criteria set forth in the PERL. Upon City Council adoption of the attached resolution, staff will send the resolution to CalPERS to certify his industrial disability and all CalPERS to process his IDR application.
ENVIRONMENTAL IMPACT
This request is not a Project as defined by Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Pursuant to Section 15378 (b) (5) a project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
“Our City government will lead by example, and will operate in an open, transparent, and responsible manner that meets the needs of the citizens and is a good place to do business.”
LEGAL REVIEW
The City Attorney’s Office has reviewed the resolution and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
This action has no impact on the operating budget. Mr. Nakamura has since retired with a service retirement pending an Industrial Disability Retirement.
Capital Budget Impact:
This action has no impact on the Capital Budget.