HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 8/24/2022MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
LOCAL POLICE BOARD
CITY HALL - 4TH FLOOR CONFERENCE ROOM
5850 W. GLENDALE AVE.
GLENDALE, ARIZONA 85301
AUGUST 24, 2022
9:30 A.M.
1. CALL TO ORDER THE LOCAL POLICE BOARD
Chair Charles Erickson called the meeting to order at 9:30 a.m.
2. ROLL CALL
Present:
Mayor & Board Member Jerry Weiers
City Manager & Board Member Kevin Phelps
Board Member & Chair Charles Erickson
Board Member Justin Harris, Police Officer
Board Member Cody Carmichael, Police Sergeant
Absent:
None
Staff Present:
Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt.
Vicki Moss, HR Benefits Administrator
Mike Hamblin, Assistant City Attorney
John Davidge, Police Sergeant
Connie VonDomarus, Benefits Analyst
Nancy Rodriguez, HR Analyst
Lisa Chill, Admin Support Supervisor, HR
Other Attendees:
Board Attorney Cynthia Kelley
Court Reporter Donna Terrell
Kathryn Baillie, Attorney for Samantha Zaragoza
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 July 27, 2022.
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
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));
The Board voted to go into Executive Session at 9:32 a.m.
Motioned by Board Member Justin Harris, 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
A. The Board reviewed and discussed the Application for Accidental Disability Retirement,
along with medical records and IME, submitted by Matthew Salyers.
B. The Board reviewed and discussed the new Application for Accidental Disability
Retirement, along with medical records, submitted by Samantha Zaragoza.
7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION
8. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS
A. Board Secretary Jim 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 Matthew Salyers. 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. Salyers 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'no'.
2. Was the disabling condition or injury incurred in the performance of Mr. Salyers' duty as
a Police Officer? (A.R.S. §38-842.1)
The Board unanimously answered 'yes'.
3. Does Mr. Salyers' 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'.
Board Member Justin Harris stated, "The motion is to deny the accidental disability for Mr.
Matthew Salyers, based on the IME report by Dr. Scott Kirkorsky, who found that although
Mr. Salyers is totally disabled, his disability is not permanent. Therefore, Mr. Salyers does
not qualify for an accidental disability."
The Board voted to DENY the Application for Accidental Disability Retirement from the
Public Safety Personnel Retirement System (PSPRS) submitted by Matthew Salyers.
Motioned by Board Member Justin Harris, 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
After the vote, Chair Erickson asked, "And, Jim, you'll be talking to him about temporary
disability, right?"
Mr. Brown replied, "Yes, we will."
B. The Board acknowledged receipt of the Application for Accidental Disability Retirement
submitted by Police Officer Samantha Zaragoza and voted to order an Independent
Medical Evaluation (IME).
Motioned by Board Member Justin Harris, 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
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 28, 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
Chair Erickson adjourned the meeting at 10:16 a.m.
The Public Safety Personnel Retirement System Local Police Board meeting minutes of August 24, 2022
were submitted and approved this 28th day of September, 2022.
/s/Jim Brown
Jim Brown
Recording Secretary