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