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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 6/22/2022Glendale 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 JUNE 22, 2022 9:30 A.M. 1. CALL TO ORDER THE LOCAL POLICE BOARD Acting Chair Jerry Weiers called the meeting to order at 9:30 a.m. 2. ROLL CALL Present: Mayor & Board Member Jerry Weiers (Acting Chair) Board Member Cody Carmichael, Police Sergeant Board Member Justin Harris, Police Officer Absent: City Manager & Board Member Kevin Phelps Board Member & Chair Charles Erickson Staff Present: Jim Brown, Director of HR & Risk Mgmt., Board Secretary Vicki Moss, HR Benefits Administrator Michael Hamblin, Assistant City Attorney Jennifer !Livingston, Police Officer Nancy Rodriguez, HR Analyst Lisa Chill, Admin Support Supervisor, HR Other Attendees Dustin Davis, Police Officer Mrs. Shawna Davis Francisco Martinez, Police Officer Court Reporter Donna Terrell Board Attorney Cynthia Kelley 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 May 25, 2022 Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Board Member Kevin Phelps (ABSENT) Passed 5. NEW BUSINESS There was no new business for open 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)); All attendees that were not Board Members or support staff exited the conference room for the entirety of the executive session. The Board voted to go into Executive Session at 9:33 a.m. Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Board Member Kevin Phelps (ABSENT) Passed A. The Board reviewed the Medical Evaluations for four (4) New Police Personnel: Clifton Brown, Jr. Brandon Falise Tyler J. Hammond John C. Naehrbass B. The Board reviewed and discussed the Application for Ordinary Disability Retirement, along with medical records and IME, submitted by Dustin Davis. C. The Board reviewed and discussed the Application for Accidental Disability Retirement, along with medical records and IME, submitted by Francisco Martinez. D. The Board reviewed and discussed the Application for Accidental Disability Retirement, along with medical records and IME, submitted by Thomas Psalidas. 7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION The Board reconvened in open session at 9:53 a.m. 8. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS A. Police Officer Jennifer Livingston confirmed that all four (4) New Police Personnel have met the standards of the Glendale Police Department and the Arizona Peace Officer Standards and Training Board (AZPOST). The Board voted to approve the admission of four (4) New Police Personnel into the Public Safety Personnel Retirement System (PSPRS) with any pre-existing conditions noted on the Pre -Existing Conditions Reports: Clifton Brown, Jr. Brandon Falise Tyler J. Hammond John C. Naehrbass Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Board Member Kevin Phelps (ABSENT) :Passed B. Board Secretary Jim Brown asked Mr. Davis if he wanted to address the Board before their vote. Mr. Davis replied, "No, thank you, sir." 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 Police Officer Dustin Davis. 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 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. Mr. Brown read the following questions and the Board answered each: 1. Does Mr. Davis have a physical condition which totally and permanently prevents him from performing a reasonable range of duties within his job classification? (A. R.S.§38-842.34) The Board unanimously answered 'Yes'. 2. Does Mr. Davis 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 'No'. 3. Does Mr. Davis' 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 'No'. Based on all medical records submitted and the TIME report, the Board voted to APPROVE the Application for Ordinary Disability Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by Dustin Davis. Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Board Member Kevin Phelps (ABSENT) Passed C. Mr. Brown asked Mr. Martinez if he wanted to address the Board before their vote. Mr. Martinez replied, "No, not at this time." Mr. Brown stated that there are eight (8) statutory questions that need to be discussed and answered by the Local Board in regard to the Application for Accidental Disability Retirement submitted by Police Officer Francisco Martinez. 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 'yes'. 3. Did employment terminate based on a disciplinary issue? The Board unanimously 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? Mr. Brown stated, and the Board agreed, that this question is not applicable to this applicant. 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 '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 3 (three) statutory questions that must be considered and voted on by the Board. Mr. Brown read the following questions and the Board answered each: 1. Does Mr. Martinez 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.§38-842.34) The Board unanimously answered 'yes'. 2. Was the disabling condition or injury incurred in the performance of Mr. Martinez's duty as a Police Officer? (A.R.S. §38-842.1) The Board unanimously answered 'yes'. 3. Does Mr. Martinez'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 Francisco Martinez. Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Board Member Kevin Phelps (ABSENT) Passed D. Mr. Brown stated that there are eight (8) statutory questions that need to be discussed and answered by the Local Board in regard to the Application for Accidental Disability Retirement submitted by Police Sergeant Thomas Psalidas. 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 'yes'. 3. Did employment terminate based on a disciplinary issue? The Board unanimously 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? Mr. Brown stated, and the Board agreed, that this question is not applicable to this applicant. 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 '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 3 (three) statutory questions that must be considered and voted on by the Board. Mr. Brown read the following questions and the Board answered each: 1. Does Mr. Psalidas 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.§38-842.34) The Board unanimously answered 'yes'. 2. Was the disabling condition or injury incurred in the performance of Mr. Psalidas' duty as a Police Sergeant? (A.R.S. §38-842.1) The Board unanimously answered 'yes'. 3. Does Mr. Psalidas' 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 Thomas Psalidas. Motioned by Board Member Justin Harris, seconded by Board Member Cody Carmichael AYE: Mayor Jerry Weiers Board Member Cody Carmichael Board Member Justin Harris Other: Board Member Charles Erickson (ABSENT) Board Member Kevin Phelps (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 July 27, 2022 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 Acting Chair Weiers adjourned the meeting at 10:04 a.m. The Public Safety Personnel Retirement System Local Police Board meeting minutes of June 22, 2022 were submitted and approved this 27th day of July, 2022. /s/Jim Brown Jim Brown Recording Secretary