Loading...
HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 11/18/2015 MINUTES OF THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM GLENDALE LOCAL FIRE BOARD November 18,2015—9:00 a.m. City Hall,4th Floor Conference Room 5850 W. Glendale Ave. Glendale, AZ MEMBERS PRESENT: Mayor Jerry Weiers, Board Member, Chair Charles Erickson, Board Member and Acting Chair Capt. Joe Hester, Board Member Capt. Anthony Butch, Board Member STAFF PRESENT: Jim Brown, Director Human Resources and Board Secretary Nancy Mangone, Assistant City Attorney David Jensen, Deputy Fire Chief Vicki Moss, Benefits Administrator Marcia Zientek, Human Resources Support Staff Call to Order Charles Erickson, Acting Chair, called to order the Local Fire Board meeting at 9:00 a.m. Review and Approval of the October 28,2015 Local Fire Board Meeting Minutes The minutes of the October 28, 2015 Local Fire Board meeting were reviewed. Capt. Anthony Butch moved to accept the minutes as presented. Capt. Joe Hester seconded the motion. The Board voted and passed the motion unanimously. Review and Approval of Application for Retirement from the Deferred Retirement Option Plan ("D.R.O.P.")—Eliobardo J. Pompa The Local Fire Board reviewed Eliobardo J. Pompa's D.R.O.P. retirement application. Eliobardo J. Pompa, Assistant Fire Chief, has elected to retire from the D.R.O.P. and terminate his employment with the Glendale Fire Department on January 27, 2016. On January 26, 2011, the Local Fire Board had approved Eliobardo J. Pompa into the D.R.O.P. At that time, he had completed 30.00 years of credited service. He was required to terminate employment with the City of Glendale Fire Department on or before January 31, 2016. Eliobardo J. Pompa is eligible to retire from the D.R.O.P. and to receive a Lump Sum distribution. He will begin receiving his normal retirement pension on or about February 28, 2016. The action requested of the Board is to approve the application for retirement from the D.R.O.P. and lump sum distribution for Eliobardo J. Pompa, Assistant Fire Chief Capt. Joe Hester moved to approve the D.R.O.P. retirement application submitted by Eliobardo J. Pompa, Assistant Fire Chief Capt. Anthony Butch seconded the motion. The Board voted and passed the motion unanimously. Page 1 of 4 PSPRS Local Fire Board Meeting Minutes 11/18/15 Commencement of Executive Session Charles Erickson, Acting Chair, recessed the Open Session and convened into Executive Session to review and discuss the Application for Ordinary Disability Retirement. Reconvened in Open Session The Board adjourned Executive Session and reconvened into Open Session. Consider and Vote on the Application for Ordinary Disability Retirement from the Public Safety Personnel Retirement System ("PSPRS")—Daniel Wintrow Daniel Wintrow, a Fire Captain with the City of Glendale, applied for Ordinary Disability Retirement through the Public Safety Personnel Retirement System ("PSPRS") on August 10, 2015. He has been a member of the PSPRS since January 1, 1999. On March 23, 1999, he was accepted into the Public Safety Personnel Retirement System.. At this time, Mr. Jim Brown, PSPRS Board Secretary, read the requirements of the seven (7) discussion questions that the Board was to address. This discussion would become part of the board minutes. 1. Is the employee eligible for Normal Retirement? The answer to that is 'no'. Mr. Wintrow has only 16.608 years of credited service with PSPRS. To be eligible for Normal Retirement, he would need to have a minimum of 20 years of service or 15 years of service and be at the age of 62. 2. Did the employee file the application after the disabling incident or within one (1) year of ceasing to be an employee? The answer to that is `yes'. Mr. Wintrow filed his claim for Ordinary Disability on August 10, 2015. His disabling event or diagnosis of his condition took place on August 23, 2014 with gradual worsening. He is currently an active employee of the City of Glendale working on accommodated duty status and he has been doing this since August 23, 2014. 3. Did he or will the employee terminate employment by reason of disability? The answer is that Mr. Wintrow is still an active employee on accommodated duty status since August 23, 2014. Although the Glendale Fire Department's General Orders 103.06 — Accommodated or Light Duty — states that after twelve (12) months, an employee will separate from the city employment, and if applicable, assume the retiree status. Should a fire department employee's injury exceed the City of Glendale's 12-month limit with the City, it will be at the discretion of the Fire Chief and Human Resources Director to waive such policy. Page 2 of 4 PSPRS Local Fire Board Meeting Minutes 11/18/15 4. Did the employment terminate based on a disciplinary issue? The answer to this question is 'no'. He is not terminated and there have not been any disciplinary issues that have been noted. 5. In regard to the physical injury, is the employee still working a PSPRS-covered position that the Local Board considers a reasonable-range-of-duties position with the employee's department? In regards to the mental condition, is the employee still working in a position that the Local Board considers substantial gainful activity? The answer is that Mr. Wintrow has been working on accommodated duty and not able to perform the full range of duties. He has been doing this since August 23, 2014. 6. In regards to the physical injury, has the employee refused working a PSPRS-covered position that the Local Board considers a reasonable range of duties within the employee's department? In regards to the mental condition, is the employee still working in a position that the Local Board considers substantial gainful activity? The answer is 'no'. Mr. Wintrow has been on accommodated duty from his position, and he has been there since August 23, 2014. He is performing some of the essential functions of his job, but not the full range. 7. Did the injury or condition occur prior to the current PSPRS membership date? That is unknown, and since this is Ordinary Disability and not Accidental Disability, that's fine. There is no pre-existing condition upon acceptance into the PSPRS system. However, the pre- employment physical was not available to verify if that condition is related to the current disability. Regarding question #7, Mayor Weiers asked why the pre-employment physical was not available. Mr. Brown explained that, although Vicki Moss had requested a copy of the pre-employment physical numerous times, it was not provided to her by our deadline for the board books to be completed. When Ms. Moss received a copy, it was incomplete and it was missing several pages. Acting Chairman Erickson asked if there were board minutes from Mr. Wintrow's application into the PSPRS. Mr. Brown stated that there were board minutes from Mr. Wintrow's acceptance into the PSPRS and that he was approved by the board at that time. A copy of the board minutes from that meeting on March 23, 1999 is provided in this board book under Tab F. The board at that time did not note any restrictions or pre-existing conditions that would affect his ability to perform his job. Charles Erickson, Acting Chair, then asked Mr. Brown to read through the three (3) statutory questions that the Board must vote upon. Page 3 of 4 PSPRS Local Fire Board Meeting Minutes 11/18/15 1. Does Mr. Wintrow 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 Fire Captain? Capt. Joe Hester made a motion that the claimant does 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 Fire Captain. Capt. Anthony Butch seconded the motion. The motion passed unanimously. 2. Was Mr. Wintrow's disabling condition or injury incurred in the performance of Mr. Wintrow's duty as a Fire Captain? Capt. Anthony Butch moved that the disabling condition or injury was incurred in the performance of Mr. Wintrow's duty as a Fire Captain. Capt. Joe Hester seconded the motion. The motion passed unanimously. 3. Does Mr. Wintrow's disability result from a physical or mental condition or injury that existed or occurred prior to his date of membership in the PSPRS which was January 1, 1999? Capt. Joe Hester moved that it is unknown however, it is noted that at the time he was voted into the PSPRS, there were no restrictions. Capt. Anthony Butch seconded the motion. The motion passed unanimously. Since all the statutory questions were answered, Charles Erickson, Acting Chair, asked for a motion to accept Mr. Wintrow's Ordinary Disability Retirement. Capt. Anthony Butch made a motion to accept the Application made by Daniel Wintrow for Ordinary Disability Retirement from the Public Safety Personnel Retirement System. Capt. Joe Hester seconded the motion. The Board unanimously approved the application. New Business There was no new business. Adjournment Charles Erickson, Acting Chair, asked for a motion to adjourn the meeting. Mayor Jerry Weiers made a motion to adjourn the Fire Board meeting. Capt. Joe Hester seconded the motion. The meeting was adjourned at 9:18 a.m. Submitted by: C1/ 1-\ g im Brown Board Secretary Page 4 of 4