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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 8/26/20200 GEenda1P A N A MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL POLICE BOARD CITY HALL - HR TRAINING ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 AUGUST 26, 2020 9:30 A.M. 1. CALL TO ORDER THE LOCAL POLICE BOARD Acting Chair Jerry Weiers called the meeting to order at 9:38 a.m. 2. ROLL CALL Present: Mayor & Acting Chair Jerry Weiers City Manager & Board Member Kevin Phelps Board Member Cody Carmichael, Police Sergeant Board Member Justin Harris, Police Officer Absent: Board Member & Chair Charles Erickson Staff Present: Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt. Vicki Moss, HR Benefits Administrator Kurt Christianson, Assistant City Attorney Nancy Rodriguez, HR Analyst Charlotte Beadles, HR Specialist, Benefits Lisa Chill, Admin Support Supervisor, HR Other Attendees: Board Attorney Carrie O'Brien Court Reporter Donna Terrell 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 July 22, 2020 Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps AYE: Mayor Jerry Weiers Board Member Cody Carmichael Board Member Justin Harris Board Member Kevin Phelps Other: Board Member Charles Erickson (ABSENT) Passed 5. NEW BUSINESS A. Board Secretary Jim Brown stated that Richard St. John is a retired City of Glendale Police Chief. He retired from the City of Glendale on July 31, 2019. Mr. St. John was rehired by the City of Glendale as a Deputy City Manager on August 1, 2020. The Board was provided with the job description. Mr. Brown stated that PSPRS has established guidelines that the Local Board must follow regarding return to work provisions to rehire the member, and that the Board must determine if the member is considered rehired into the same position from which he retired. Mr. Brown advised the Board that there are three (3) questions that the Board must answer: 1. Did Mr. St. John become reemployed in any capacity by the City of Glendale before one year after his date of retirement? The Board unanimously declared 'No' to this question. 2. Is Mr. St. John rehired 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. The Board voted to approve the reemployment of Richard St. John. Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps AYE: Mayor Jerry Weiers Board Member Cody Carmichael Board Member Justin Harris Board Member Kevin Phelps Other: Board Member Charles Erickson (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 Sean D. Gaston, Police Officer. Sean D. Gaston has 21.465 years of credited service. He elected to participate in the D.R.O.P. on August 31, 2020 and must terminate employment with the City of Glendale Police Department on or before August 31, 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 Cody Carmichael Board Member Justin Harris Board Member Kevin Phelps Other: Board Member Charles Erickson (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 Donald J. La Brant, Police Sergeant. Donald J. La Brant has 25.413 years of credited service. He elected to participate in the D.R.O.P. on August 30, 2020 and must terminate employment with the City of Glendale Police Department on or before August 31, 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 Cody Carmichael Board Member Justin Harris Board Member Kevin Phelps Other: Board Member Charles Erickson (ABSENT) Passed D. 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 Joseph Pinda, Police Officer. Joseph Pinda has 20.060 years of credited service. He elected to participate in the D.R.O.P. on July 31, 2020 and must terminate employment with the City of Glendale Police Department on or before July 31, 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 Cody Carmichael Board Member Justin Harris Board Member Kevin Phelps Other: Board Member Charles Erickson (ABSENT) Passed E. 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 Daniel Soto, Police Sergeant. Daniel Soto has 25.042 years of credited service. He elected to participate in the D.R.O.P. on October 1, 2020 and must terminate employment with the City of Glendale Police Department on or before October 31, 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 Cody Carmichael Board Member Justin Harris Board Member Kevin Phelps Other: Board Member Charles Erickson (ABSENT) Passed 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. Joshua Carroll exited the conference room for the entirety of the Executive Session. A. During Executive Session the Board discussed and reconsidered the Accidental Disability Retirement Application for Joshua Carroll after receiving feedback from PSPRS. Board Member Justin Harris recused himself from the discussion on the Accidental Disability Retirement submitted by Joshua Carroll, so Mr. Harris also exited the conference room for that portion of Executive Session. Mr. Harris returned to the conference room for the Executive Session discussion on the Accidental Disability Retirement submitted by Richard Chadwick. B. During Executive Session, the Board reviewed and discussed the Application for Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by Richard Chadwick, Police Officer, along with other submitted medical records and the Independent Medical Examination report from the Medical Board. 7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION 8. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS A. The Board voted to revise their answer to question 2 (two) on the PSPRS Accidental Disability Questionnaire regarding the Accidental Disability Retirement Application submitted by Joshua Carroll from a "no" to a "yes." Motioned by Board Member Cody Carmichael, seconded by Board Member Kevin Phelps AYE: Board Member Cody Carmichael Board Member Kevin Phelps NAY: Mayor Jerry Weiers Other: Board Member Charles Erickson (ABSENT) Board Member Justin Harris (RECUSE) Passed B. 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 Richard Chadwick, 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 agreed that the answer is `yes'. 2. Did, or will, the employee terminate by reason of disability? The Board agreed that the answer is 'yes' 3. Did employment terminate based on a disciplinary issue? The Board agreed that the answer is 'no' 4. If the member's period of DROP has ended, if applicable, did (or will) the employee terminate by reason of disability? The Board 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? It was noted that the employee is on medical leave. The Board 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 agreed that the answer is 'no'. 7. Did the injury or condition occur prior to the current PSPRS membership date? The Board agreed that the answer is 'yes'. 8. Was the injury or condition the result of an event incurred during the performance of the employee's duty? The Board agreed that the answer is 'no' according 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. Chadwick 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 answered 'yes'. Was the disabling condition or injury incurred in the performance of Mr. Chadwick's duty as a Police Officer? (A.R.S. §38-842.1) The Board answered 'no'. Does Mr. Chadwick'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 answered 'yes'. Based on the medical records and the IME report, the Board voted that Richard Chadwick does not meet the statutory requirements for an Accidental Disability Retirement from the Public Safety Personnel Retirement System (PSPRS). 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 September 23, 2020 at 9:30 a.m., in the HR Training Room, located at 5850 W. Glendale Ave., Glendale, Arizona, 85301. 11. ADJOURN THE LOCAL POLICE BOARD MEETING Acting Chair Weiers adjourned the meeting at 11:03 a.m. The Public Safety Personnel Retirement System Local Police Board meeting minutes of August 26, 2020 were submitted and approved this 23rd day of September, 2020. /s/Jim Brown Jim Brown Recording Secretary