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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 4/25/2012 MINUTES OF THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM GLENDALE LOCAL POLICE BOARD April 25, 2012—9:00 a.m. City Hall, 4th Floor Conference Room 5850 W. Glendale Ave. Glendale, AZ MEMBERS PRESENT: Mayor Elaine Scruggs, Present Telephonically, Joining Meeting at 9:26 a.m. Larry Clark, Citizen Board Member and Acting Chair Lt. John Wolfe, Police Board Member Det. Brandon Keefer, Police Board Member STAFF PRESENT: Jim Brown, Acting Human Resources Director and Board Secretary Nick DiPiazza, Chief Deputy City Attorney Michele Blanco, Police Personnel Management Gerald Sydnor, Police Personnel Management La Trisse Kuzinski, Human Resources Generalist/Benefits Marcia Zientek, Human Resources Support Staff MEMBERS ABSENT: City Manager Ed Beasley, Board Member Call to Order Larry Clark, Acting Chair, called to order the Local Police Board meeting at 9:10 a.m. Review and Approval of the March 28,2012 Local Police Board Meeting Minutes The Minutes of the March 28, 2012 Local Police Board meeting were reviewed. Det. Brandon Keefer moved to accept the Minutes as presented. Lt. John Wolfe seconded the motion. The Board voted and passed the motion unanimously. Commencement of Executive Session Larry Clark, Acting Chair, recessed the Open Session and convened into Executive Session to review and discuss the medical evaluations of five (5) new Police personnel. Reconvened into Open Session The Board recessed Executive Session and reconvened into Open Session to vote on the admission of five (5) Police personnel into the PSPRS with any pre-existing conditions noted on the medical evaluations. 1 Local Police Board Meeting 4/25/12 Review and Approve Police Medical Evaluations for Pre-existing Conditions Det. Brandon Keefer made a motion to accept the application of Kelly Angel with any pre-existing conditions noted on the physicals. Lt. John Wolfe seconded the motion. Det. Brandon Keefer made a motion to accept the application of Jonathan Clubb with any pre-existing conditions noted on the physicals. Lt. John Wolfe seconded the motion. Det. Brandon Keefer made a motion to accept the application of Marcel Dulaney with any pre-existing conditions noted on the physicals. Lt. John Wolfe seconded the motion. Det. Brandon Keefer made a motion to accept the application of Tara Mitchell with any pre-existing conditions noted on the physicals. Lt. John Wolfe seconded the motion. Lt. John Wolfe made a motion to accept the application of Danny Speaks, Jr. with any pre-existing conditions noted on the physicals. Det. Brandon Keefer seconded the motion. Reconvene in Executive Session Larry Clark, Acting Chair, recessed the Open Session and reconvened in Executive Session to review and discuss the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System ("PSPRS"). (Mayor Elaine Scruggs joined the Board meeting telephonically at 9:26 a.m.) Before proceeding with the meeting, Mayor Scruggs requested legal advice from Nick DiPiazza, Chief Deputy City Attorney, regarding her attendance in an Executive Session via telephone. The Mayor stated that a similar situation had occurred when Councilmember Norma Alvarez could not attend a Council meeting in person and a concern arose as to whether she could attend an Executive Session telephonically since it was unclear if she was alone in the room she was using to attend the meeting. Mr. DiPiazza advised Mayor Scruggs that as long as she was alone in a closed room, with no one else present or within audible range, she could attend the Executive Session. Mayor Scruggs assured Mr. DiPiazza that she was the only person in the room. Mr. DiPiazza advised that, based on the Mayor's representation that she was in a secure room with no one else present, the Executive Session could proceed with her participation. The Board then proceeded to review and discuss the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System ("PSPRS"). Reconvened into Open Session The Board adjourned Executive Session and reconvened into Open Session. (Jeffrey Griffith had requested to be in attendance for the vote taken by the Board on his Accidental Disability Retirement application and joined the meeting along with his wife, Patricia Griffith.) 2 Local Police Board Meeting 4/25/12 At this time, Jim Brown, Board Secretary, advised the Board that, prior to the three (3) questions the Board will be officially voting on, there are eleven (11) questions that PSPRS is asking the Board to review and discuss before their final decision is made. Mayor Scruggs questioned this new addition to the Board's review process of an accidental disability case. La Trisse Kuzinski, HR Generalist, Benefits, explained that PSPRS has added a number of new steps to their disability processes. One of the newest is a questionnaire that the Board is required to discuss and then to confirm this discussion through the meeting minutes. These eleven (11) questions are not voted on but they do need to be reflected in the minutes by way of advising PSPRS that these additional questions were discussed. Mayor Scruggs stated that the eleven (11) questions are more closely related to our Human Resources Department; questions that could not be answered by the Board, and that the Board needs to be provided the questions and responses (as appropriate) from Human Resources prior to the Board meeting in which there is an accidental disability case. Det. Keefer concurred. At this point, Nick DiPiazza, Chief Deputy City Attorney, advised that the Board will still only be required to vote, as they have in the past, on the three (3) statutory questions that are asked and answered by the medical doctor. Mr. DiPiazza then recommended that Mr. Brown review all eleven (11) questions as discussion items only and to briefly reply to any of the questions that are Human Resources related. Any remaining questions may then be addressed and answered by Police Board members. Mr. Brown proceeded to read the eleven (11) questions directed by PSPRS for discussion by the Board in an accidental disability case: 1. Did the employee terminate employment by reason of disability? Answer: Yes 2. Did the employee file the application after the disabling incident or within one (1) year of ceasing to be an employee? Answer: Yes 3. Is the employee still working in a job the Board believes is a reasonable range of duties? Answer: No 4. Does the employer have any jobs available for the employee the Board believes is a reasonable range of duties position? Answer: No 5. Has the member refused a job the Board believes is a reasonable range of duties? Answer: No 6. Did the employer terminate the employee's employment based on a physical or mental condition? Answer: Yes, physical. 7. Did the employer terminate the employee's employment based on a disciplinary issue? Answer: No 8. Did the member terminate employment based on a physical or mental condition? Answer: No. Employer terminated member's employment due to a physical condition which prohibited member from performing duties as a Police Officer. 9. Did the member terminate employment based on participation in D.R.O.P. (Deferred Retirement Option Plan)? Answer: No 10. Was the injury the result of an event incurred during the performance of the member's duty? Answer: Yes 11. Did the condition or injury occur prior to the member's membership in the Plan? Answer: No 3 Local Police Board Meeting 4/25/12 Consider and Vote on the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System ("PSPRS")—Jeffrey Scott Griffith Jeffrey Scott Griffith, a former Police Officer with the City of Glendale, applied for Accidental Disability Retirement through the Public Safety Personnel Retirement System ("PSPRS") on January 3, 2012. He has been a member of the PSPRS since June 30, 2008. On January 28, 2012, his employment with the City of Glendale was terminated due to his inability to perform the essential functions of his job as a Police Officer based on the City of Glendale's Modified Duty program and Employee Medical Leave process. "Accidental Disability" means a physical or mental condition which the Local Board finds totally and permanently prevents an employee from performing a reasonable range of duties within the employee's job classification and was incurred in the performance of the employee's duty. (A.R.S. Section 38-842.1) In order to approve the Application for Accidental Disability Retirement, the Local Board must make a determination on three (3) issues in accordance with the statutes A.R.S. 38-842 and A.R.S. 38-844. Jim Brown, Acting Human Resources Director, read the three (3) issues on which the Board must make their determination: 1. Does the claimant have a physical or mental condition which totally and permanently prevents him from performing a reasonable range of duties within his job classification as a Police Officer? Lt. John Wolfe moved that the claimant does have a physical condition which totally and permanently prevents him from performing a reasonable range of duties within his job classification of Police Officer. Det. Brandon Keefer seconded the motion. The motion passed unanimously. 2. Does the claimant's disability result from a physical or mental condition or injury that existed or occurred prior to the claimant's date of membership in the PSPRS? (June 30, 2008) Lt. John Wolfe moved that the claimant's disability did not result from a physical condition or injury that existed or occurred prior to the claimant's date of membership in the PSPRS which was June 30, 2008. Det. Brandon Keefer seconded the motion. The motion passed unanimously. 3. Was the disabling condition or injury incurred in the performance of the claimant's duty as a Police Officer? Lt. John Wolfe moved that the disabling condition or injury was incurred in the performance of the claimant's duty as a Police Officer. Det. Brandon Keefer seconded the motion. The motion passed unanimously. Since all of the conditions for Accidental Disability Retirement were satisfied, the Board approved the application submitted by Jeffrey Scott Griffith. New Business There was no new business. 4 Local Police Board Meeting 4/25/12 Adjournment Larry Clark, Acting Chair, asked for a motion to adjourn the meeting. Lt. John Wolfe made a motion to adjourn the meeting. Det. Brandon Keefer seconded the motion. The Local Police Board meeting adjourned at 9:55 a.m. Submitted by: Ji Brown oard Secretary 5