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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 2/27/2019 (3)GLENWjLE MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL POLICE BOARD CITY HALL - 4TH FLOOR CONFERENCE ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 FEBRUARY 27, 2019 9:30 A.M. 1. CALL TO ORDER A JOINT SESSION OF THE LOCAL FIRE AND POLICE BOARDS Chair Charles Erickson called the meeting to order at 9:31 a.m. 2. ADhfllNISTRATION OF LOYALTY OATHS A. City Clerk Julie Bower administered the Loyalty Oath to newly elected Fire Board member Paul Morales. B. City Clerk Julie Bower administered the Loyalty Oath to re-elected Police Board member Cody Carmichael. 3. ROLL CALL FOR THE JOINT SESSION OF THE LOCAL FIRE AND POLICE BOARDS Present: City Manager Kevin Phelps Chair Charles Erickson Fire Board Member Paul Morales Fire Board Member Anthony Love Police Board Member Cody Carmichael Police Board Member Justin Harris Absent: Mayor Jerry Weiers Staff Present: Kenneth Barnes, Assistant Fire Chief Charles Montgomery, Deputy Fire Chief Jim Brown, Board Secretary and Director of Human Resources & Risk Mgmt. Nancy Mangone, Assistant City Attorney Charlotte Beadles, HR Specialist, Benefits Lisa Chill, HR Management Assistant Other Attendees: Attorney Carrie O'Brien Court Reporter Donna Terrell Justin Penrose, Police Officer 4. REVIEW AMENDED RULES Attorney Carrie O'Brien gave a brief history of the process that the Boards have completed over the last couple of months in reviewing the current bylaws and recommending changes to the Rules to be considered for adoption. Ms. O'Brien stated that at the January 23, 2019 joint session of the Local Fire and Police Boards, the Boards discussed the new Rules that were presented to possibly replace the current Board bylaws. The Boards agreed on 3 amendments they wanted incorporated into the Rules, which have been added. The Boards reached a consensus to move forward with a vote to adopt the Rules during their respective meetings today. 5. ADJOURN THE JOINT SESSION OF THE LOCAL FIRE AND POLICE BOARDS Chair Erickson adjourned the joint session at 9:40 a.m. The Fire Board meeting adjourned at 10:02 a.m. 6. CALL TO ORDER THE LOCAL POLICE BOARD AFTER ADJOURNMENT OF THE LOCAL FIRE BOARD MEETING Chair Erickson called the meeting to order at 10:03 a.m. 7 ROLL CALL Present: City Manager Kevin Phelps Chair Charles Erickson Police Board Member Cudy Carmichaei Police Board Member Justin Harris Absent: Mayor Jerry Weiers Staff Present: Jim Brown, Board Secretary and Director of Human Resources & Risk Mgmt. Nancy Mangone, Assistant City Attorney Charlotte Beadles, HR Specialist, Benefits Lisa Chill, HR Management Assistant Other Attendees: Attorney Carrie O'Brien Court Reporter Donna Terrell Justin Penrose, Police Officer 8. CITIZEN COMMENTS No citizens were present. 9. APPROVAL OF THE MINUTES Public Safety Personnel Retirement System - Local Police Board Minutes of January 23, 2019 Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Board Member Kevin Phelps Board Member Charles Erickson Board Member Cody Carmichael Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Passed 10. CONSIDERATION AND POSSIBLE VOTE ON RULES Jim Brown summarized the process that the Board has completed to review and revise the current bylaws in order to create the Rules that are being voted on today. The Rules have been updated to include language about the legal representation for the Board provided by the City, the appointment of the Board Secretary, and the process for the Board to review the Medical Board that handles the Independent Medical Examinations. The Board voted to rescind and nullify all current bylaws of the City ofGlendale PSPRS Local Police Board, and adopt in their place the Rules for the City of Glendale PSPRS Local Police Board that have been developed to align with the current PSPRS Model Rules. Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps AYE: Board Member Kevin Phelps Board Member Charles Erickson Board Member Cody Carmichael Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Passed 11. NEW BUSINESS A. DESIGNATE POLICE BOARD SECRETARY Under the newly adopted Board's Rules, the Local Board is required to designate a Board Secretary. Under state law, the secretary is required to keep a record and prepare minutes of all meetings and forward the Board minutes and legal action to the PSPRS Board of Trustees. Rules A(26) and C(3) and A.R.S. 38-847(M). The Board voted to designate Jim Brown, the Director of Human Resources and Risk Mgmt., as the PSPRS Local Police Board Secretary. Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Board Member Kevin Phelps Board Member Charles Erickson Board Member Cody Carmichael Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Passed B. Mr. Brown read the pertinent information from the Application for Retirement from the Deferred Retirement Option Plan (D.R.O.P.) submitted by Kellie K. Reed, Police Sergeant. Kellie K. Reed has elected to retire from the DROP and will terminate her employment with the City of Glendale Police Department on March 28, 2019. On March 26, 2014, the Local Police Board had approved her Application for Enrollment into the DROP and she had elected to participate on March 7, 2014. She was required to terminate employment with the City of Glendale Police Department on or before March 31,2019. Mr. Brown stated that Kellie K. Reed is eligible to retire from the D.R.O.P. and to receive a Lump Sum distribution. The Board voted to approve the application. Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Board Member Kevin Phelps Board Member Charles Erickson Board Member Cody Carmichael Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Passed 12. EXECUTIVE SESSION Upon a public majority vote of a quorum of the Local Police Board, the Board may hold an executive session, which will not be open to the public, regarding any item listed on the agenda but only for the following purposes: (i) discussion or consideration of records exempt by law from public inspection (A.R.S. § 38-431.03(A)(2)); (ii) discussion or consultation for legal advice with the city's attorneys (A.R.S. § 38-431.03(A)(3)); The Board voted to adjourn open session and go into Executive Session at 10:08 a.m. All non-Board members or support staff exited the room for Executive Session. The Board reviewed the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by Justin Penrose, Police Officer, along with other submitted medical records and the IME report from the Medical Board. 13. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION 14. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS Mr. Brown stated that there are 8 (eight) questions that need to be discussed and answered by the Local Board with regards to the Application for Accidental Disability Retirement submitted by Justin Penrose, Police Officer. Mr. Brown read each question and the Board answered each question. 1. Did the employee file the application after the disabling incident, or within one (1) year of ceasing to be an employee? The Board unanimously agreed that the answer is 'yes'. 2. Did, or will, the employee terminate by reason of disability? The Board unanimously agreed that the answer is 'yes' 3. Did employment terminate based on a disciplinary issue? The Board unanimously agreed that the answer is 'no'. 4. Did employment terminate based on the employee's participation in DROP? The Board unanimously agreed that the answer is 'no'. 5. Is the employee still working a position within their job classification that the Local Board considers a reasonable range of duties? The Board unanimously agreed 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? The Board unanimously agreed that the answer is 'no'. 7. Did the injury or condition occur prior to the current PSPRS membership date? The Board unanimously agreed 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 unanimously agreed that the answer is 'yes'. Mr. Brown stated that there are also 3 (three) statutory questions that the Board must consider and vote on. Does Mr. Penrose have a physical 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 answered 'aye". Was the disabling condition or injury incurred in the performance of the Claimant's duty as a Police Officer? (A.R.S. §38-842.1) The Board unanimously answered 'aye'. Does the member's disability result from a physical or mental condition or injury that existed or occurred prior to the Claimant's date of membership into the PSPRS? (A.R.S. §38 844.D.3) The Board unanimously answered 'nay'. Based on all medical records submitted, the Board voted to approve the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by Justin Penrose, Police Office, Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Board Member Kevin Phelps Board Member Charles Erickson Board Member Cody Carmichael Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Passed 15. BOARD COMMENTS AND SUGGESTIONS There were no Board comments or suggestions. 16. NEXT MEETING The next regular meeting of the Public Safety Personnel Retirement System Local Police Board will be held on March 27, 2019 at 9:30 a.m., in the 4th Floor Conference Room, located at 5850 W. Glendale Ave., Glendale, Arizona, 85301. 17 ADJOURN THE LOCAL POLICE BOARD IVIEETING Chair Erickson adjourned the meeting at 10:14 a.m. The Public Safety Personnel Retirement System Local Police Board meeting minutes of February 27, 2019 were submitted and approved this 27th day of March, 2019. /s/Jim Brown Jim Brown Recording Secretary