HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 2/26/2020Glendale
A R I Z O N A
MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
LOCAL POLICE BOARD
CITY HALL - 4TH FLOOR CONFERENCE ROOM
5850 W. GLENDALE AVE.
GLENDALE, ARIZONA 85301
FEBRUARY 26, 2020
9:30 A.M.
1. CALL TO ORDER THE LOCAL POLICE BOARD
Chair Charles Erickson called the meeting to order at 9:36 a.m.
2. ROLL CALL
Present:
Mayor & Board Member Jerry Weiers
City Manager & Board Member Kevin Phelps
Board Member & Chair Charles Erickson
Police Board Member Cody Carmichael, Police Sergeant
Police Board Member Justin Harris, Police Officer
Absent:
None
Staff Present:
Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt.
Kurt Christianson, Assistant City Attorney
Charlotte Beadles, HR Specialist, Benefits
Lisa Chill, Admin Support Supervisor, HR
Kathy Buzeyn, HR Temp Staff
Other Attendees:
Board Attorney Carrie O'Brien
Court Reporter Donna Terrell
Joshua Carroll, former Glendale Police Officer
3. CITIZEN COMMENTS
There were no citizens present.
4. APPROVAL OF THE MINUTES
The Board approved the Public Safety Personnel Retirement System - Local Police Board
Minutes of January 22, 2020
Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael
AYE: Mayor Jerry Weiers
Board Member Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Passed
5. NEW BUSINESS
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
Tobee M. Andersen, Police Officer. Tobee M. Andersen has 20.005 years of credited service.
She elected to participate in the D.R.O.P. on February 8, 2020 and must terminate employment
with the City of Glendale Police Department on or before February 28, 2025.
The Board voted to approve the application.
Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael
AYE: Mayor Jerry Weiers
Board Member Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Passed
6. REHEARING OF ACCIDENTAL DISABILITY RETIREMENT APPLICATION SUBMITTED BY
JOSHUA CARROLL, FORMER POLICE OFFICER
Chair Erickson began by outlining the process for the rehearing. He said, I will be chairing the
rehearing for the Local PSPRS Police Board. This is a Rehearing of the decision by the City of
Glendale's Local Police Board to deny the disability retirement application of Joshua Carroll
pursuant to Board bylaws and Arizona Revised Statute § 38-847. It is February 26, 2020, and
the time is 9:39 a.m.
This rehearing is being recorded and transcribed. In order to obtain an accurate transcript, it will
be necessary for everyone to speak clearly and fairly loud. Questions must be answered
verbally rather than by nodding or shaking your head. Mr. Carroll, are you represented by legal
counsel? Mr. Carroll responded, No, sir.
Chair Erickson continued, It is my understanding that you received a letter that described the
denial of your accidental disability retirement application and that you also received written
notice of this rehearing. Is that correct? Mr Carroll responded, Yes, sir.
The Board will make its decision based upon the record of the hearing held today along with the
additional documents provided by the Applicant and witness testimony.
At the conclusion of the rehearing, the Board will make a decision. The Board may affirm, modify
or rescind its previous denial of your accidental disability retirement application.
The decision of the Board is subject to further appeal rights which will be outlined in writing to
you, should that be necessary. Mr. Carroll responded, Yes, sir.
Does anyone have any questions about the process?
Mr. Brown asked to speak. He asked Mr. Carroll if he wanted to provide witness testimony, and
if so, stated that he would need to be shown in.
Mr. Carroll was duly sworn in by Court Report Donna Terrell.
Board Attorney Carrie O'Brien asked to speak. She asked Board Member Justin Harris if he was
going to recuse himself from the discussion and vote. Board Member Harris responded, Yes, he
was going to do that and would step out for Executive Session.
7. 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 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 Cody Carmichael, seconded by Board Member Kevin Phelps
AYE: Mayor Jerry Weiers
Board Member Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Passed
Board Member Harris was excused and exited the room. Mr. Brown advised Mr. Carroll that he
would need to exit the room for the legal advice portion of Executive Session, but that he would
be brought back in for the medical records review portion of Executive Session. At that time, Mr.
Carroll could provide testimony.
Mr. Carroll stated that he had one more document, a letter from his doctor, to submit to the
Board for review. HR Staff Charlotte Beadles stated that she had received it via email that
morning and had made copies for each Board Member. Mr. Carroll exited the room.
The Board convened in Executive Session at 9:42. a.m. and reconvened in open session at
10:07 a.m.
8. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION
9. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEM
Chair Erickson asked if there was a motion regarding the rehearing.
Board Member Cody Carmichael motioned to rescind the Board's decision to deny the
Application for Accidental Disability Retirement submitted by Joshua Carroll based on the
medical evidence and testimony provided by Mr. Carroll and to order an Independent Medical
Examination of Joshua Carroll.
City Manager and Board Member Kevin Phelps seconded the motion.
Chair Erickson asked if there was any discussion on the item.
Board Member Carmichael stated that he wanted to put on record that he had been involved,
along with Joshua Carroll, in the use -of -force incident and the officer -involved shooting as a
police officer that Mr. Carroll mentions in his documents. Board Member Carmichael stated that
he doesn't feel like his involvement as a police officer in the incident caused him any type of
conflict or anything that would sway his decision.
Chair Erickson asked, Okay, so you are not recusing yourself? Board Member Carmichael
stated that he did not need to recuse himself.
The Board voted to rescind their original decision to deny the Application for Accidental
Disability Retirement submitted by Joshua Carroll and to order an Independent Medical
Examination of Joshua Carroll.
AYE: Board Member Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
NAY: Mayor Jerry Weiers
Other: Board Member Justin Harris (RECUSE)
Passed
10. BOARD COMMENTS AND SUGGESTIONS
There were no Board comments or suggestions.
11. NEXT MEETING
The next regular meeting of the Public Safety Personnel Retirement System Local Police Board
will be held on March 25, 2020 at 9:30 a.m., in the 4th Floor Conference Room, located at 5850
W. Glendale Ave., Glendale, Arizona, 85301.
12. ADJOURN THE LOCAL POLICE BOARD MEETING
Chair Erickson adjourned the meeting at 10:10 a.m.
The Public Safety Personnel Retirement System Local Police Board meeting minutes of February 26,
2020 were submitted and approved this 25th day of March 2020.
/s/Jim Brown
Jim Brown
Recording Secretary