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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 1/23/2019GU^C^JI ^' MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL POLICE BOARD CITY HALL - 4TH FLOOR CONFERENCE ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 JANUARY 23, 2019 10:OOA.M. CALL TO ORDER A JOINT SESSION OF THE LOCAL FIRE AND POLICE BOARDS Chair Charles Erickson called the meeting to order at 10:08 a.m. ROLL CALL FOR THE JOINT SESSION OF THE LOCAL FIRE AND POLICE BOARDS Present: Board Member Charles Erickson Fire Board Member Joe Hester Fire Board Member Anthony Love Police Board Member Cody Carmichael Police Board Member Justin Harris (by telephone) Absent: Mayor Jerry Weiers City Manager Kevin Phelps Staff Present: Kenneth Barnes, Assistant Fire Chief Paul Morales, Fire Captain Jim Brown, hluman Resources Director 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 Julie Pendergast, Police Officer Brandon Keefer, Police Officer APPROVAL OF THE MINUTES Public Safety Personnel Retirement System - Local Fire & Police Boards Minutes of November 29,2018 Motioned by Board Member Joe Hester, seconded by Board Member Anthony Love AYE: Board Member Charles Erickson Board Member Joe Hester Board Member Anthony Love Board Member Cody Carmichael Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Board Member Kevin Phelps (ABSENT) Passed 4. NEW BUSINESS Attorney Carrie O'Brien presented the proposed new Rules to possibly replace the current Board Bylaws. She reviewed the Boards' suggestions from the November 29, 2018 workshop that had been incorporated into the PSPRS Model Rules. She noted that both the Board's Rules are identical in content. Mr. Erickson asked if wording should be added to the Rules that the Board is to elect a Secretary. Jim Brown, Director of Human Resources, has been the acting Secretary for many years. Mr. Erickson also asked if that would need to be added as an agenda item before the Board could do an official vote on the Secretary position. He also asked if this was a yearly process. Ms. O'Brien replied that it is certainly within the Board's responsibilites to elect a Secretary, although there are no term limits given in statute. She continued that it would need to be added as a future agenda item for the Board to vote. The consensus of the Board was to elect a Board Secretary for a 4-year term. Board Member Joe Hester brought up the appointment of a Medical Board to coduct IMEs. He stated that he did not recall a time during his term on the Board that the Board had vote for the purposes of appointing an IME. He suggested adding that, including the frequency, into the Rules. Mr. Brown recalls a meeting many years ago for reviewing and appointing the current IME provider. Charlotte Beadles, hlR Benefits Specialist, stated that we currently use MCN for IMEs when directed by the Board. She also stated that is not the same Medical Board that provides the pre-emloyment physicals. The Board discussed the process and frequency of selecting/appointing the IME provider. The consensus of the Board was to review the performance of the Medical Board on an annual basis and reappoint or select a new Medical Board if the Board deemed appropriate. Nancy Mangone, Assistant City Attorney, brought up the possibility of adding language in the Rules regarding the Board being provided legal representation. She said that statute is vague about that, and maybe it should be noted that outside legal representation will b provided to the represent the Board at the City's expense. Ms. Mangone pointed out that her role as a City employee is legal representation for the City regarding matters that come before the Board, whereas Ms. O'Brien's role is as a compensated outside attorney representing the Board. The Board agreed to tabling a vote on the new Rules until they had the revised Rules to review, as Ms. O'Brien stated that the Board would have to wait until they had the final version in order to vote to adopt the Rules. Ms. O'Brien summarized the Boards' desired changes to the Rules: Include language for a 4-year term for the elected Board Secretary Include language about an annual review process for the selection and/or reappointment of the Medical Board that conducts IMEs Include language to clarify the legal representation for the Board 5. ADJOURN THE JOINT SESSION OF THE LOCAL FIRE AND POLICE BOARDS Chair Erickson adjourned the joint session at 10:23 a.m. 6. CALL TO ORDER THE LOCAL POLICE BOARD Chair Erickson called the meeting to order at 10:30 a.m. 7. ROLL CALL Present: Board Member Charles Erickson Board Member Cody Carmichael Board Member Justin Harris Absent: Mayor Jerry Weiers City Manager Kevin Phelps Staff Present: Jim Brown, Human Resources Director 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 Julie Pendergast, Police Officer Brandon Keefer, Police Officer 8. CITIZEN COMMENTS No citizens were present. 9. APPROVAL OF THE MINUTES Public Safety Personnel Retirement System - Local Police Board Minutes of December 19, 2018 Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Board Member Cody Carmichael Board Member Charles Erickson Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Board Member Kevin Phelps (ABSENT) Passed 10. CONSIDERATION AND POSSIBLE VOTE ON CURRENT BYLAWS AND THE NEW RULES DISCUSSED DURING THE JOINT SESSION OF THE LOCAL FIRE AND POLICE BOARDS Based on their discussion, the Board members voted to table this item. Item will be brought forward as an agenda item at a future meeting after the Rules have been revised to include the Boards' amendments. Motioned by Board Member Cody Carmichael, seconded by Board Member Justin Harris AYE: Board Member Cody Carmichael Board Member Charles Erickson Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Board Member Kevin Phelps (ABSENT) Passed 11 NEW BUSINESS A. Jim Brown, Board Secretary, read the pertinent information from the the Application for Survivor's Benefits from the Public Safety Personnel Retirement System (PSPRS) submitted by Carrie A. Castrovinci, spouse of deceased Glendale Police Commander, Lawrence T Castrovinci. Lawrence passed away on December 24, 2018. The Board voted to approve the application. Motioned by Board Member Cody Carmichael, seconded by Board Member Justin hlarris AYE: Board Member Cody Carmichael Board Member Charles Erickson Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Board Member Kevin Phelps (ABSENT) Passed B. Mr. Brown read the pertinent information from the Application for Enrollment into the Deferred Retirement Option Plan (D.R.O.P.) submitted by John B. Plett, Police Officer. John B. Plett has 25.043 years of credited service. He elected to participate in the D.R.O.P. on January 4, 2019 and must terminate employment with the City of Glendale Police Department on or before January 31, 2024. The Board voted to approve the application. Motioned by Board Member Cody Carmichael, seconded by Board Member Justin Harris AYE: Board Member Cody Carmichael Board Member Charles Erickson Board Member Justin hlarris Other: Mayor Jerry Weiers (ABSENT) Board Member Kevin Phelps (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 personnel matters (A.R.S. § 38-431.03(A)(1)); (ii) discussion or consideration of records exempt by law from public inspection (A.R.S. § 38-431.03(A)(2)); (iii) discussion or consultation for legal advice with the city's attorneys (A.R.S. § 38-431.03(A)(3)); The Board voted to go into Executive Session. Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Board Member Cody Carmichael Board Member Charles Erickson Board Member Justin hlarris Other: Mayor Jerry Weiers (ABSENT) Board Member Kevin Phelps (ABSENT) Passed The Board reviewed the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by Wesley Zygmont, 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 he would read the 8 (eight) questions that needed to be discussed and answered by the Local Board. 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 positon within their job classification that the Local Board considers a reasonable range of duties? It was noted that the employee is on leave because he is unable to perform the essential functions of his job. 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 some statutory questions that the Board must consider and answer in the same fashion. Does Mr. Zygmont 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 'yes'. 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 'yes'. 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 'no'. Given all the medical information that has been discussed and reviewed, presented now or in the future, will Mr. Zygmont be able to perform the essential function of a Police Offier? The Board unanimously answered 'no'. Based on all medical records submitted, the Board voted to approve the application submitted by Wesley Zygmont for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS). Motioned by Board Member Cody Carmichael, seconded by Board Member Justin Harris AYE: Board Member Cody Carmichael Board Member Charles Erickson Board Member Justin Harris Other: Mayor Jerry Weiers (ABSENT) Board Member Kevin Phelps (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 February 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 MEETING Chair Erickson adjourned the meeting at 10:42 a.m. The Public Safety Personnel Retirement System Local Police Board meeting minutes of January 23, 2019 were submitted and approved this 27th day of February, 2019. /s/Jim Brown Jim Brown Recording Secretary