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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 9/28/2022 (3)�IendaEe A R I Z O N A MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL FIRE BOARD CITY HALL - 4TH FLOOR CONFERENCE ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 SEPTEMBER 28, 2022 9:30 A.M. 1. CALL TO ORDER THE LOCAL FIRE BOARD Chair Charles Erickson called the meeting to order at 9:53 a.m. 2. ROLL CALL Present: Mayor & Board Member Jerry Weiers City Manager & Board Member Kevin Phelps Board Member & Chair Charles Erickson Board Member Paul Morales, Fire Captain Board Member Tony Love, Fire Engineer (by telephone) Absent: None Staff Present: Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt. Mike Hamblin, Assistant City Attorney Connie VonDomarus, Benefits Analyst Nancy Rodriguez, HR Analyst Lisa Chill, Admin Support Supervisor, HR Other Attendees: Board Attorney Cynthia Kelley Court Reporter Donna Terrell Fire Fighter Arick O'Hara Fire Captain Kevin Thompson Fire Fighter Daniel Wolters Fire Captain Richard Shaver 3. CITIZEN COMMENTS There were no citizens present. 4. APPROVAL OF THE MINUTES The Board approved the Public Safety Personnel Retirement System - Local Fire Board Minutes of July 27, 2022 Motioned by Board Member Paul Morales, seconded by Board Member Kevin Phelps AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Paul Morales Board Member Anthony Love 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 Fire 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: (ii) 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 9:55 a.m. All attendees that are not Board Members or supporting staff exited the room before Executive Session. Motioned by Board Member Paul Morales, seconded by Board Member Kevin Phelps AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Paul Morales Board Member Anthony Love Passed A. The Board reviewed and discussed the Application for Accidental Disability Retirement, along with medical records and the Independent Medical Evaluation report, submitted by Kevin Thompson. Prior to this discussion, Mayor Jerry Weiers recused himself from voting on this item due to a possible conflict. He stated that he would exit the room during the vote and then return to vote on the second item. B. The Board reviewed and discussed the Application for Accidental Disability Retirement, along with medical records, submitted by Daniel Wolters. 7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION The Board reconvened in open session at 10:01 a.m. All attendees were invited back into the conference room. Mayor Weiers remained outside the conference room until after the vote on the Accidental Disability Retirement for Kevin Thompson. a. 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 Fire Captain Kevin Thompson. 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 position? The Board unanimously agreed that the answer is 'no'. 6. Has the employee refused a job within their job classification that the Local Board considered a reasonable range of duties? 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. Thompson 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. Thompson's duty as a Fire Fighter? (A.R.S. §38-842.1) The Board unanimously answered 'yes'. 3. Does Mr. Thompson'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 Kevin Thompson. Motioned by Board Member Paul Morales, seconded by Board Member Kevin Phelps AYE: Board Member Kevin Phelps Board Member Charles Erickson Board Member Paul Morales Board Member Anthony Love Other: Mayor Jerry Weiers (RECUSE) Passed B. The Board acknowledged the receipt of the Application for Accidental Disability Retirement submitted by Daniel Wolters and voted to order an Independent Medical Evaluation (IME) based on the medical documents submitted. Motioned by Board Member Paul Morales, seconded by Board Member Kevin Phelps AYE: Mayor Jerry Weiers Board Member Kevin Phelps Board Member Charles Erickson Board Member Paul Morales Board Member Anthony Love 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 Fire Board will be held on October 26, 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 FIRE BOARD MEETING Chair Erickson adjourned the meeting at 10:08 a.m. The Public Safety Personnel Retirement System Local Fire Board meeting minutes of September 28, 2022 were submitted and approved this 11th day of November, 2022. /s/Jim Brown Jim Brown Recording Secretary