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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 5/27/2020 (3)Glendale A R I Z O N A MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL POLICE BOARD CITY HALL - B-3 CONFERENCE ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 MAY 27, 2020 9:30 A.M. 1. CALL TO ORDER THE LOCAL POLICE BOARD Mayor Jerry Weiers called the meeting to order at 9:46 a.m. 2. ROLL CALL Present: Mayor & Board Member Jerry Weiers City Manager & Board Member Kevin Phelps Police Board Member Cody Carmichael, Police Sergeant Police Board Member Justin Harris, Police Officer Absent: Board Member & Chair Charles Erickson Staff Present: Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt. Kurt Christianson, Assistant City Attorney Michele Blanco, Police Officer Vicki Moss, HR Benefits Administrator Charlotte Beadles, HR Specialist, Benefits Lisa Chill, Admin Support Supervisor, HR Other Attendees: Court Reporter Donna Terrell Board Attorney Carrie O'Brien (by telephone) Joshua Carroll, Former Glendale Police Officer 3. CITIZEN COMMENTS There were no citizen comments. 4. APPROVAL OF THE MINUTES The Board approved the Public Safety Personnel Retirement System - Local Police Board Minutes of March 25, 2020 Motioned by Board Member Kevin Phelps, seconded by Board Member Justin Harris AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Passed 5. NEW BUSINESS A. Board Secretary Jim 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 Tobee Andersen, Police Officer. Tobee Andersen has elected to retire from the D.R.O.P. and terminate her employment with the Glendale Police Department on May 28, 2020. On February 26, 2020, the Local Police Board had approved her Application for Enrollment into the D.R.O.P. and she had elected to participate on February 8, 2020. She was required to terminate her employment with the City of Glendale Police Department on or before February 28, 2025. Tobee Andersen 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 Cody Carmichael, seconded by Board Member Justin Harris AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Passed B. 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 Bobby Edwards, Police Officer. Bobby Edwards has elected to retire from the D.R.O.P. and terminate his employment with the Glendale Police Department on May 29, 2020. On November 20, 2019, the Local Police Board had approved his Application for Enrollment into the D.R.O.P. and he had elected to participate on January 23, 2020. He was required to terminate his employment with the City of Glendale Police Department on or before January 31, 2025. Bobby Edwards 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: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Passed C. Mr. Brown stated that the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) and the medical records submitted by Jarod Behrens, Police Officer, would be reviewed by the Board during Executive Session. D. Mr. Brown stated that the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) and the medical records submitted by Richard Chadwick, Police Officer, would be reviewed by the Board during Executive Session. 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 receive legal advice from the Board's attorney. Motioned by Board Member Kevin Phelps, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Passed All attendees except for Board Members, Board staff, Board Attorney (by telephone) and the Court Reporter left the room during the time that the Board met in Executive Session. Board Member Justin Harris remained in Executive Session for all discussion until the discussion of Joshua Carroll, from which he recused himself. During Executive Session, the Board reviewed and discussed the following: • Medical Evaluations for three (3) new Police Personnel • Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) and medical records submitted by Jarod Behrens. • Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) and medical records submitted by Richard Chadwick. • Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by Joshua Carroll, along with all medical records and the IME report. After Executive Session, all other attendees were invited back into the conference room. 7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION 8. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS A. Police Officer Michele Blanco confirmed that the following new Police Personnel have met the standards of the Glendale Police Department and the Arizona Peace Officer Standards and Training Board. The Board voted to accept three (3) New Police Personnel into the Public Safety Personnel Retirement System (PSPRS): Alessandro Raffaele Cozzolino Joseph Michael Merced Kent Robert Warner Motioned by Board Member Cody Carmichael, seconded by Board Member Justin Harris AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Passed B. The Board acknowledged that Police Officer Jarod Behrens has filed an Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System(PSPRS). The Board voted to order an Independent Medical Examination. Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Passed C. The Board acknowledged that Police Officer Richard Chadwick has filed an Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System(PSPRS). The Board voted to order an Independent Medical Examination. Motioned by Board Member Cody Carmichael, seconded by Board Member Justin Harris AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Passed D. Mr. Brown stated that there are 8 (eight) statutory questions that need to be discussed and answered by the Local Board in regard to the Application for Accidental Disability Retirement submitted by Joshua Carroll, former 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 'no' - he resigned with no mention of disability as the reason. 3. Did employment terminate based on a disciplinary issue? The Board unanimously agreed that the answer is 'no' - he resigned. 4. If the member's period of DROP has ended, if applicable, did (or will) the employee terminated by reason of disability? The Board unanimously agreed that the answer is 'not applicable'. 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 'not applicable'. 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 'not applicable'. 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' acoording to the IME. Mr. Brown stated that here are also 3 (three) statutory questions that the Board must consider and vote on. Mr. Brown read the following questions. Does Mr. Carroll 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 Mr. Carroll's duty as a Police Officer? (A.R.S. §38-842.1) The Board unanimously answered 'yes'. Does Mr. Carroll'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'. Based on the medical records and the IME report, the Board voted to approve the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by Joshua Carroll, former Police Officer. Motioned by Board Member Kevin Phelps, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Cody Carmichael Other: Board Member Justin Harris (RECUSE) Board Member Charles Erickson (ABSENT) Passed 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 June 24, 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 Mayor Weiers adjourned the meeting at 11:15 a.m. The Public Safety Personnel Retirement System Local Police Board meeting minutes of May 27, 2020 were submitted and approved this 24th day of June 2020. /s/Jim Brown Jim Brown Recording Secretary