HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 4/25/2018 IVO
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MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
LOCAL POLICE BOARD
CITY HALL-4TH FLOOR CONFERENCE ROOM
5850 W. GLENDALE AVE.
GLENDALE, ARIZONA 85301
APRIL 25, 2018
9:30 A.M.
1. CALL TO ORDER THE LOCAL POLICE BOARD
Board Member and Acting Chairman Charles Erickson called the meeting to order at 9:34 a.m.
2. ROLL CALL
Members Present:
Mayor Jerry Weiers
City Manager Kevin Phelps
Board Member Charles Erickson
Board Member Officer Cody Carmichael
Board Member Officer Justin Harris
Members Absent:
None
Staff Present:
Nancy Mangone, Jim Brown, Vicki Moss, Lisa Chill
Other Attendees:
Attorney Carrie O'Brien
David Kulaga
3. CITIZEN COMMENTS
No citizens were in attendance for comments.
4. APPROVAL OF THE MINUTES
Public Safety Personnel Retirement System - Local Police Board Minutes of March 28, 2018.
Motioned by City Manager Kevin Phelps, seconded by Board Member Justin Harris
AYE: Mayor Jerry Weiers
City Manager Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Passed
5. NEW BUSINESS
A. Application for Enrollment into the Deferred Retirement Option Plan (D.R.O.P.)- Gary D.
Bohannon
Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael
AYE: Mayor Jerry Weiers
City Manager Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Passed
B. Application for Retirement from the Deferred Retirement Option Plan (D.R.O.P.)- Kimberly
Dominguez
Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael
AYE: Mayor Jerry Weiers
City Manager Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Passed
6. EXECUTIVE SESSION
Executive Session includes:
(i) discussion or consideration of personnel matters (A.R.S. § 38-431.03(A)(1));
(ii) discussion or consideration of records exempt by law from public inspection (A.R.S. §
38-431.03(A)(2))
Review and consider the application for Accidental Disability Retirement from the Public Safety
Personnel Retirement System (PSPRS) for David M. Kulaga.
7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION
8. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEM
Consider and vote on application for Accidental Disability Retirement from the Public Safety
Personnel Retirement System (PSPRS)- David M. Kulaga
At this time, Mr. Jim Brown, PSPRS Board Secretary, read the requirements of the eight(8)
discussion questions that the Board was to address. This discussion would become part of the
Board minutes.
1. Did the employee file the application after the disabling incident, or within one (1)year of
ceasing to be an employee?
Mr. Brown stated that the facts are that Mr. Kulaga's date of his disabling event occurred on
March 18, 2015. He resigned from his position as a Police Lieutenant effective February
17, 2018. So the answer to this questions is `yes'. The Board reaffirmed that the answer
is `yes'.
2. Did the employee terminate by reason of disability?
Mr. Brown noted that, as the documentations confirmed, the answer to that would be 'no'.
The Board reaffirmed that the answer is 'no'.
3. Did employment terminate based on a disciplinary issue?
After much discussion, the Board reached a majority answer of`no'.
4 Did employment terminate based on the employee's participation in DROP?
Mr. Brown noted that this question is not applicable in this case because the employee
was not enrolled in the DROP program. So for that reason, the answer to this question is
`no'. The Board reaffirmed that the answer is 'no'.
5. Is the employee still working within their job classification that the Local Board considers a
reasonable range of duties?
The Board confirmed that the answer is `no'.
6. Has the employee refused a job within their job classification that the Local Board
considers a reasonable range of duties position?
Mr. Brown noted that this question is also not applicable because the employee has not
been offered any other position. The Board confirmed that the answer is 'no'.
7. Did the injury or condition occur prior to the current PSPRS membership date?
The Board confirmed that the answer is 'no'.
8. Was the injury or condition the result of an event incurred during the performance of the
employee's duty?
The Board confirmed that the answer to that is 'yes'.
Mr. Brown stated that there are three (3) statutory questions that the Board must vote upon.
1. Does Mr. Kulaga have a physical condition or mental condition which totally and
permanently prevents himfrom performing a reasonable range of duties within his job
classification? (A.R.S. §38-842.1)
The Board unanimously answered `yes'.
2. Was Mr. Kulaga's disabling condition or injury incurred in the performance of the claimant's
duty as a Police Lieutenant? (A.R.S. §38-842.1)
The Board unanimously answered 'yes'.
3. Does Mr. Kulaga's disability result from a physical or mental condition or injury that existed
or occurred prior to the his date of membership into the PSPRS, which was July 10, 2000?
(A.R.S. §38-844.D.3)
The Board unanimously answered `no'.
Since all the statutory questions were answered, Board Member and acting Chair Charles
Erickson, asked for a motion to approve Mr. Kulaga's Application for Accidental Disability
Retirement.
Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael
AYE: Mayor Jerry Weiers
City Manager Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Passed
9. BOARD COMMENTS AND SUGGESTIONS
There were no Board comments or suggestions. •
10. NEXT MEETING
The next regular meeting of the Public Safety Personnel Retirement System Local Police Board
will be held on May 23, 2018 at 9:30 a.m., in the 4th Floor Conference Room, located at 5850 W.
Glendale Ave., Glendale, Arizona, 85301. •
11. ADJOURN THE LOCAL POLICE BOARD MEETING
Board Member Charles Erickson adjourned the meeting at 10:01 a.m.
The Public Safety Personnel Retirement System Local Police Board meeting minutes of April 25, 2018
were submitted and approved this 23rd day of May, 2018.
/s/Jim Brown
Jim Brown
Recording Secretary