Loading...
HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 12/18/2019MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL POLICE BOARD CITY HALL - 4TH FLOOR CONFERENCE ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 DECEMBER 18, 2019 9:30 A.M. 1. CALL TO ORDER THE LOCAL POLICE BOARD Chair Charles Erickson called the meeting to order at 9:40 a.m. 2. ROLL CALL Present: City Manager & Board Member Kevin Phelps Board Member & Chair Charles Erickson Board Member Cody Carmichael, Police Officer Board Member Justin Harris, Police Officer Absent: Mayor Jerry Weiers Staff Present: Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt. Kurt Christianson, Assistant City Attorney Vicki Moss, HR Administrator, Benefits Charlotte Beadles, HR Specialist, Benefits Lisa Chill, Admin Support Supervisor, HR Other Attendees: Board Attorney Carrie O'Brien Court Report Donna Terrell Former Police Officer Joshua Carroll 3. CITIZEN COMMENTS No citizens were present. 4. APPROVAL OF THE MINUTES The Board voted to approve the Public Safety Personnel Retirement System - Local Police Board Minutes of November 20, 2019. 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 Board Member Kevin Phelps Other: Mayor Jerry Weiers (ABSENT) Passed 5. NEW BUSINESS A. Board Secretary Jim Brown read the pertinent information and the Board reviewed the Application for Enrollment into the Deferred Retirement Option Plan (D.R.O.P.) submitted by Christopher Briggs, Police Chief. Christopher Briggs has 27.153 years of credited service. He elected to participate in the D.R.O.P. on December 27, 2019 and must terminate employment with the City of Glendale Police Department on or before December 31, 2024. The Board voted to approve the application. 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 Board Member Kevin Phelps Other: Mayor Jerry Weiers (ABSENT) Passed B. Mr. Brown read the pertinent information and the Board reviewed the Application for Enrollment into the Deferred Retirement Option Plan (D.R.O.P.) submitted by Michael F. Palomino, Police Sergeant. Michael F. Palomino has 25.574 years of credited service. He elected to participate in the D.R.O.P. on January 30, 2020 and must terminate employment with the City of Glendale Police Department on or before January 31, 2025. The Board voted to approve the application. 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 Board Member Kevin Phelps Other: Mayor Jerry Weiers (ABSENT) Passed C. Mr. Brown read the pertinent information and the Board reviewed the Application for Enrollment into the Deferred Retirement Option Plan (D.R.O.P.) submitted by Rafael Rico, Police Officer. Rafael Rico has 20.162 years of credited service. He elected to participate in the D.R.O.P. on January 24, 2020 and must terminate employment with the City of Glendale Police Department on or before January 31, 2025. The Board voted to approve the application. 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 Board Member Kevin Phelps Other: Mayor Jerry Weiers (ABSENT) Passed D. Mr. Brown read the pertinent information and the Board reviewed an Application for Retirement from the Deferred Retirement Option Plan (D.R.O.P.) submitted by Eric Rouse, Police Officer. Eric Rouse has elected to retire from the D.R.O.P. and terminate his employment with the Glendale Police Department on January 31, 2020. On November 21, 2018, the Local Police Board had approved his Application for Enrollment into the D.R.O.P. and he had elected to participate on November 18, 2018. He was required to terminate his employment with the City of Glendale Police Department on or before November 30, 2023. Mr. Brown stated that Eric Rouse 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 Cody Carmichael Board Member Charles Erickson Board Member Justin Harris Board Member Kevin Phelps Other: Mayor Jerry Weiers (ABSENT) Passed E. Mr. Brown stated that William C. Will is a retired Police Officer from the City of Goodyear. He retired from the City of Goodyear on April 27, 2017. Mr. Will was hired by the City of Glendale as a Park Ranger on November 25, 2019. The Board was provided with the job description. Mr. Brown advised the Board that according to Arizona Revised Statutes (A.R.S.) Section 38-849, there are three (3) questions that the Board must answer: 1. Did Mr. Will retire (Normal or Disability) from his former PSPRS employer? The Board unanimously declared 'Yes' to this question. 2. Is Mr. Will hired into a non-PSPRS position? The Board unanimously declared 'Yes' to this question. 3. Does this Board acknowledge that the City of Glendale is not responsible to pay the Alternative Contribution Rate (ACR) to PSPRS, but will be responsible for matching contributions into ASRS? The Board unanimously declared 'Yes' to this question. 6. 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 Board's attorneys (A.R.S. § 38-431.03(A)(3)) The Board voted to adjourn open session and go into Executive Session in order to review confidential medical records and to obtain legal advice from the Board's attorney. 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 Board Member Kevin Phelps Other: Mayor Jerry Weiers (ABSENT) Passed Joshua Carroll left the room before the Board met in Executive Session and did not return until the meeting was back in open session. Board Member Justin Harris stayed during the review and discussion of the Application for Ordinary Disability Retirement submitted by Jason Zimmerman. Before the Board discussed and reviewed the Application for Disability Retirement submitted by Joshua Carroll, Mr. Harris recused himself from the review and discussion and left the room for the remainder of the Executive Session. During Executive Session, the Board reviewed and discussed the following: A. Application for Ordinary Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) and medical records submitted by Jason Zimmerman, Police Lieutenant, along with the IME report from the Medical Board. B. Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) and additional medical records submitted by Joshua Carroll, former Police Officer. 7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION 8. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS A. Mr. Brown stated that there are 7 (seven) questions that need to be discussed and answered by the Local Board with regards to the Application for Ordinary Disability Retirement submitted by Jason Zimmerman, Police Lieutenant. Mr. Brown read each question and the Board answered each question. 1. Is the employee eligible for normal retirement? The Board unanimously agreed that the answer is 'No'. 2. Did the employee file the application after the disabling incident, or within one year of ceasing to be an employee? The Board unanimously agreed that the answer is 'Yes'. 3. Did (or will) the employee terminate by reason of disability? The Board unanimously agreed that the answer is 'Yes'. 4. Did employment terminate based on a disciplinary issue? The Board unanimously agreed that the answer is 'No'. 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 within the employee's department? The Board unanimously agreed that the answer is 'No'. 6. In regard to the physical injury, has the employee refused a PSPRS covered position that the Local Board considered a reasonable range of duties within the employee's department? 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'. Mr. Brown stated that there are also 3 (three) statutory questions that must be considered and voted on by the Board: 1. Does Mr. Zimmerman have a physical 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'. 2. Does Mr. Zimmerman have a mental condition that totally and permanently prevents him from engaging in any substantial gainful activity? (A.R.S. §38-842.1) The Board unanimously answered 'Nay'. 3. Does Mr. Zimmerman's disability result from a physical or mental condition or injury that existed or occurred prior to his 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 Ordinary Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by Jason Zimmerman, Police Lieutenant. B. Chair Erickson asked Mr. Carroll if he would like to address the Board. Mr. Carroll did address the Board briefly with some details of events that occurred while he was employed as a Glendale Police Officer. None of the details included any new medical information related to his application. Prior to the vote, Board Member Harris recused himself. The Board determined that there was not sufficient medical evidence for the Board to order an Independent Medical Examination and voted to deny the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by former Police Officer Joshua Carroll. Motioned by Board Member Cody Carmichael, seconded by Board Member Kevin Phelps AYE: Board Member Cody Carmichael Board Member Charles Erickson Board Member Kevin Phelps Other: Mayor Jerry Weiers (ABSENT) Board Member Justin Harris (ABSTAIN) Passed Chair Erickson advised Mr. Carroll that he would receive a letter from the Human Resources Department with details about his appeal rights. 9. BOARD COMMENTS AND SUGGESTIONS There were no Board comments or suggestions. 10. NEXT MEETING The next regular meeting of the Public Safety Personnel Retirement System Local Police Board will be held on January 22, 2020 at 9:30 a.m., in the 4th Floor Conference Room, located at 5850 W. Glendale Ave., Glendale, Arizona, 85301. 11. ADJOURN THE LOCAL POLICE BOARD MEETING Chair Erickson adjourned the meeting at 10:32 a.m. The Public Safety Personnel Retirement System Local Police Board meeting minutes of December 18, 2019 were submitted and approved this 22nd day of January, 2020. /s/Jig n Brown _ Jim Brown Recording Secretary