For City Council Meeting May 26, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Mark P. Kling, Chief of Police
Title
Request City Council to Adopt Resolution No. 8515 Approving the Industrial Disability Retirement of Dionisio Cuellar.
Body
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the Industrial Disability Retirement for Dionisio Cuellar.
BACKGROUND
Dionisio Cuellar is a 53-year-old retired Police Officer who was hired on July 23, 2007, and retired on November 1, 2025. Mr. Cuellar has two workers’ compensation claims that have been accepted and determined to have arisen out of employment with the City of Rialto.
On February 14, 2023, Mr. Cuellar sustained a lumbar muscle strain, left elbow sprain, right elbow sprain, and thoracic spine strain during an altercation with a suspect. Mr. Cuellar wrestled with the suspect and heard several pops in his lower back during the course of the event. He immediately experienced low back pain and bilateral elbow pain. In May of 2025, Mr. Cuellar was diagnosed with coronary heart disease, resulting in cardiac catheterization and two stents. Both claims were accepted as being industrial and arising out of the course of performing his usual and customary duties as a Police Officer.
An MRI of Mr. Cuellar’s lumbar spine was performed on March 7, 2023, which showed lumbar spondylosis with disc degeneration had progressed. He underwent conservative treatment, including physical therapy and chiropractic treatment. Mr. Cuellar has also had multiple epidural injections and multiple radiofrequency ablations, yet continues to have ongoing back pain. An MRI scan done on January 7, 2026, showed worsening pathology with a large herniation at L1-L2, significant multilevel degenerative changes, and significant facet arthropathy. In May 2025, Mr. Cuellar had a cardiac event and had two stents placed in his heart as a result. He has not worked since June 19, 2025.
Mr. Cuellar was examined by Independent Medical Examiner (IME), Dr. Fleming, who concluded, within reasonable medical certainty, that he is substantially incapacitated from performing the essential duties of his position as a Police Officer due to his lumbar spine injury. Mr. Cuellar filed an Industrial Disability Application with the California Public Employees’ Retirement System (“CalPERS”).
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. Cuellar exercised his option to file for an IDR based upon medical findings from the IME 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. Dionisio Cuellar 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
The proposal is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), 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. According to Section 15378(b), a Project does not include: (5) 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 the City of Rialto's General Plan Guiding Principle 3, Rialto's Economic Environment is Healthy and Diverse. “Our City government will lead by example, and will operate in an open, transparent, and responsive 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 IMPACTS
Operating Budget Impact
There is no impact on the Operating Budget.
Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.
ATTACHMENTS
1. Resolution Approving the Industrial Disability Retirement of Dionisio Cuellar.