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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 6/27/2018 (3) rig"?' GLENVE MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL POLICE BOARD CITY HALL -4TH FLOOR CONFERENCE ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 JUNE 27, 2018 9:30 A.M. 1. CALL TO ORDER A JOINT MEETING OF THE LOCAL FIRE AND POLICE BOARDS Acting Chair Charles Erickson called the joint meeting to order at 9:30 a.m. 2. ROLL CALL FOR THE JOINT MEETING OF THE LOCAL FIRE AND POLICE BOARDS Present: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Joe Hester Board Member Justin Harris Also Present: Tom Duensing, Assistant City Manager Chris DeChant, Assistant Fire Chief Jim Brown, Human Resources Director Nancy Mangone, Assistant City Attorney Vicki Moss, HR Administrator, Benefits Charlotte Beadles, HR Specialist, Benefits Lisa Chill, Management Assistant, HR Attendees: Attorney Gary Verburg Court Reporter Donna Terrell 3. NEW BUSINESS - JOINT FIRE AND POLICE BOARDS A. PSPRS is offering training for Local Boards. See the attachment for dates and location. B. DISTRIBUTION OF THE JUNE 30, 2017 ANNUAL ACTUARIAL VALUATION OF MEMBERS FOR GLENDALE POLICE AND FIRE COVERED BY THE PSPRS Jim Brown, Board Secretary, started the discussion noting that there had been a prior request by Fire Board Member Joe Hester to discuss the annual actuarial valuation data that was distributed to the Board members in their binders. Mr. Brown stated that Tom Duensing, Assistant City Manager, was in attendance to give some insight on this topic. Board Member Joe Hester continued the discussion and expressed his comments and concerns regarding how the actuarial data may affect recruiting and retention of new fire fighters. Mr. Brown then invited Mr. Duensing to give details about how the city pays the unfunded PSPRS liabilities. Mr. Duensing explained the philosophy of the City's strategy and plan to pay down unfunded liabilities. Board Member Kevin Phelps spoke briefly about the policy process for City Council to adopt its annual budget and strategy to pay for all unfunded City liabilities. 4. ADJOURN THE JOINT MEETING OF THE LOCAL FIRE AND POLICE BOARDS Acting Chair Charles Erickson adjourned the joint meeting at 9:56 a.m. 5. CALL TO ORDER THE LOCAL POLICE BOARD Acting Chair Charles Erickson called the Police Board meeting to order at 10:05 a.m. 6. ROLL CALL Present: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Justin Harris Also Present: Jim Brown, Human Resources Director Nancy Mangone, Assistant City Attorney Vicki Moss, HR Administrator, Benefits Charlotte Beadles, HR Specialist, Benefits Lisa Chill, Management Assistant, HR Other Attendees: Attorney Gary Verburg Court Reporter Donna Terrell David M. Kulaga 7. CITIZEN COMMENTS No citizens were present. 8. APPROVAL OF THE MINUTES Public Safety Personnel Retirement System - Local Police Board Minutes of May 23, 2018 Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Justin Harris Passed 9. NEW BUSINESS A. Application for Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) - Lawrence Gonzalez, Police Officer. An Application for Disability Retirement from the PSPRS has been submitted to the Human Resources Department by Lawrence Gonzalez. The documentation meets the statutory requirements and a medical board should be appointed to conduct an examination. Officer Lawrence Gonzalez's full application and Medical Board report will be presented to the PSPRS Local Police Board at a later date. Board acknowledged receipt of the Application for Disability Retirement from PSPRS. B. Application for Normal Retirement from the Public Safety Personnel Retirement System (PSPRS) - Ryan Marshall Winfield, Police Officer. Ryan Marshall Winfield had completed 20.000 years of credited service. He is scheduled to retire on August 10, 2018. He has been a member of the PSPRS since August 10, 1998. Motioned by Board Member Kevin Phelps, seconded by Board Member Justin Harris AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Justin Harris Passed C. Application for Enrollment into the Deferred Retirement Option Plan (D.R.O.P.) - Scott Victor Walker, Police Sergeant. Scott Victor Walker has 20.151 years of credited service. He has elected to participate in the DROP on July 4, 2018 and must terminate employment with the City of Glendale Police Department on or before July 31, 2023. Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Justin Harris Passed D. Application for Retirement from the Deferred Retirement Option Plan (D.R.O.P.) - Brian Shackelford, Police Officer. Brian Shackelford has elected to retire from the DROP and will terminate his employment with the Glendale Police Department on August 31, 2018. On July 24, 2013, the Local Police Board had approved his Application for Enrollment into the DROP and he had elected to participate on September 30, 2013. He was required to terminate his employment with the City of Glendale Police Department on or before August 31, 2018. Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Justin Harris Passed 10. ACCIDENTAL DISABILITY REHEARING - DAVID M. KULAGA Jim Brown read the following reason for the rehearing. An Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) was submitted to the Human Resources Department by David M. Kulaga, on January 11, 2018. At the April 25, 2018 PSPRS Local Police Board meeting, the Local Police Board approved the application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) for David M. Kulaga. The Administrative Offices of the Public Safety Personnel Retirement System (the "System") has a concern about the decision reached by the Local Police Board about Mr. Kulaga's eligibility to be awarded an accidental disability pension benefit based on the answer to question 2. in the Local Police Board portion of the Accidental Disability Questionnaire, and paragraph 8 of the Local Police Board's April 25, 2018 meeting minutes. The Public Safety Personnel Retirement System (PSPRS) has requested that the Local Police Board conduct a rehearing to resolve this matter. Mr. Brown passed out copies of the minutes from the April 25, 2018 meeting in which the Board had approved the Application for Accidental Disability Retirement for David M. Kulaga. Mr. Brown directed the Board to review the question and the response to question 2, as well as the statutory question raised in the notice received from PSPRS. The minutes confirmed the answer was "no", which was the questions that required a "yes" for Mr. Kulaga to be eligible for accidental disability. Mr. Brown then invited David Kulaga to address the Board before they convened into Executive Session. Mr. Kulaga stated to the Board that his only reason for resigning from the City of Glendale was due to his PTSD disability, and that it was on the recommendation of his medical doctor. Mr. Kulaga stepped out of the conference room in order for the Board to enter Executive Session. 11. EXECUTIVE SESSION Executive Session includes: (i) discussion or consultation for legal advice with the city's attorneys (A.R.S. § 38-431.03(A)(3)) 12. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION 13. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS Mr. Kulaga was invited back into the meeting. Jim Brown read the eight (8) questions required by statute that the Board was to consider again. There is no vote required, but instead an acknowledgment of'yes' or'no'. 1. Did the employee file the application after the disabling incident, or within one (1) year of ceasing to be an employee? The consensus of the Board is 'yes'. 2. Did the employee terminate by reason of disability? This is the question that was of concern to the PSPRS Administrative Offices. The consensus of the Board is `yes'. 3. Did employment terminate based on a disciplinary issue? The consensus of the Board is `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 'n/a'. 5. Is the employee still working within their job classification that the Local Board considers a reasonable range of duties? The consensus of the Board is `no'. 6. Has the employee refused a job within their job classification that the Local Board considers a reasonable range of duties position? The consensus of the Board is 'no'. 7. Did the injury or condition occur prior to the current PSPRS membership date? The consensus of the Board is `no'. 8. Was the injury or condition the result of an event incurred during the performance of the employee's duty? The consensus of the Board is 'yes' Mr. Brown read the additional three (3) questions that require a vote. 1. Does Mr. Kulaga have a physical condition or mental condition which totally and permanently prevents him from performing a reasonable range of duties within his job classification? (A.R.S. §38-842.1) The Board unanimously voted '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 voted `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 voted 'no'. 14. BOARD COMMENTS AND SUGGESTIONS There were no Board comments or suggestions. 15. NEXT MEETING The next regular meeting of the Public Safety Personnel Retirement System Local Police Board will be held on July 25, 2018 at 9:30 a.m., in the 4th Floor Conference Room, located at 5850 W. Glendale Ave., Glendale, Arizona, 85301. 16. ADJOURN THE LOCAL POLICE BOARD MEETING Acting Chair Charles Erickson adjourned the meeting at 10:26 a.m. The Public Safety Personnel Retirement System Local Police Board meeting minutes of June 27, 2018 were submitted and approved this 25th day of July, 2018. /s/Jim Brown Jim Brown Recording Secretary