HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 11/16/2022C&7
Glendale
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
NOVEMBER 16, 2022
9:30 A.M.
1. CALL TO ORDER A JOINT MEETING OF THE LOCAL FIRE AND POLICE BOARDS
Chair Charles Erickson called the joint meeting of the Local Fire and Police Boards to order
at 9:30 a.m.
2. ROLL CALL FOR THE JOINT MEETING OF THE LOCAL FIRE AND POLICE BOARDS
Present:
City Manager & Board Member Kevin Phelps
Board Member & Chair Charles Erickson
Fire Board Member Paul Morales, Fire Captain (by telephone)
Fire Board Member Anthony Love, Fire Engineer
Police Board Member Cody Carmichael, Police Sergeant
Police Board Member Justin Harris, Police Officer
Absent:
Mayor & Board Member Jerry Weiers
Staff Present:
Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt.
Vicki Moss, HR Benefits Administrator
Mike Hamblin, Assistant City Attorney
Ken Barnes, Assistant Fire Chief
Daniel Wolters, Fire Fighter
John Davidge, Police Sergeant
Nancy Rodriguez, HR Analyst
Lisa Chill, Admin Support Supervisor, HR
Other Attendees:
Board Attorney Cynthia Kelley
Court Reporter Donna Terrell
Attorney Kathryn Baillie
3. CITIZEN COMMENTS
There were no citizens present.
4. BOARD MEMBER TERMS
Board Secretary Jim Brown started the discussion by reading the names of the Local Fire
and Police Board members whose terms are ending in early 2023. He stated that citizen
member Chuck Erickson, Fire Captain Paul Morales and Police Sergeant Cody Carmichael
all have terms that will be ending January 31, 2023.
Mr. Brown stated that the Local Board Rules don't speak to a process as to how the
membership board members are selected. He stated that the Fire and Police departments
have previously conducted elections amongst their members to determine the elected
Board Member for each of the Local Boards. Since the Local Board Rules don't speak to
that process, the departments can determine how to select those memberships. He
continued that in the Fire MOU, its very specific that the president of the MOU is the one
that is designated to the Local PSPRS Board, so that is presumably how we would go
forward with that.
Mr. Brown said to Mr. Erickson that the City Clerk's reappointment process would be
followed to appoint him to another term. Mr. Erickson said that he had already spoken to the
City Clerk's office about his reappointment.
5. ANNUAL OPEN MEETING LAW TRAINING
Board Attorney Cynthia Kelley briefly gave an overview of the Arizona open meeting law.
She went into more detail about topics that affect the Local Boards most, including what
can possibly constitute a meeting and the confidentiality requirements of executive session.
She answered a few questions from Board Members about specific theoretical scenarios
related to those topics.
6. ADJOURN THE JOINT MEETING OF THE LOCAL FIRE AND POLICE BOARDS
Chair Erickson adjourned the joint meeting at 9:41 a.m.
7. CALL TO ORDER THE LOCAL POLICE BOARD
Chair Erickson called the meeting to order at 10:00 a.m.
8. ROLL CALL
Present:
City Manager & Board Member Kevin Phelps
Board Member & Chair Charles Erickson
Board Member Cody Carmichael, Police Sergeant
Board Member Justin Harris, Police Officer
Absent:
Mayor & Board Member Jerry Weiers
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
Nancy Rodriguez, HR Analyst
Lisa Chill, Admin Support Supervisor, HR
Other Attendees:
Board Attorney Cynthia Kelley
Court Reporter Donna Terrell
Attorney Kathryn Baillie
9. CITIZEN COMMENTS
There were no citizens present.
10. APPROVAL OF THE MINUTES
The Board voted to approve the Public Safety Personnel Retirement System - Local Police
Board Minutes of October 26, 2022
Motioned by Board Member Justin Harris, seconded by Board Member Cody
Carmichael
AYE: Board Member Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Other: Mayor Jerry Weiers (ABSENT)
Passed
11. NEW BUSINESS
Board Secretary Jim Brown read the pertinent information and the following questions
related to the reemployment of Patrick Schutte, a retired City of Phoenix Police Officer. Mr,
Schutte retired from the PSPRS on June 3, 2022. He was hired by the City of Glendale as
a Code Inspector on October 24, 2022.
1. Did Mr. Schutte retire (Normal or Disability) from his former PSPRS employer?
The Board agreed by consensus that the answer is Yes.
2. Was Mr. Schutte hired into a non-PSPRS position?
The Board agreed by consensus that the answer is Yes.
3. Does this Board acknowledge that the City of Glendale is not responsible to pay the ACR
to PSPRS, but is responsible for matching contributions into ASRS?
The Board agreed by consensus that the answer is Yes.
12. 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:
(ii) discussion or consideration of records exempt by law from public inspection (A.R.S. §
38-431.03(A)(2));
(iii) discussion or consultation for legal advice with the Board's attorney (A.R.S. §
38-431.03(A)(3));
The Board voted to go into executive session at 10:02 a.m. All attendees that are not
members of the Police Board or supporting staff exited the conference room prior to the
executive session.
Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps
AYE: Board Member Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Other: Mayor Jerry Weiers (ABSENT)
Passed
A. The Board reviewed the Medical Evaluations for three (3) New City of Glendale Police
Personnel:
Kathie Mota
Ryan V. Naughton
Roxanne Zuniga
B. The Board eviewed and discussed the Application for Accidental Disability Retirement,
along with medical records and the Independent Medical Evaluation report, submitted by
Samantha Zaragoza
13. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION
14. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS
A. Sergeant John Davidge confirmed that the following three (3) New Police Personnel
have met the standards of the Glendale Police Department and the Arizona Peace Office
Standards and Training Board (AZPOST).
The Board voted to approve the admission of three (3) New Police Personnel into the
Public Safety Personnel Retirement System (PSPRS) with any pre-existing conditions
noted on the Pre -Existing Conditions Reports:
Kathie Mota
Ryan V. Naughton
Roxanne Zuniga
Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps
AYE: Board Member Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Other: Mayor Jerry Weiers (ABSENT)
Passed
B. 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 Samantha Zaragoza. 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 Ms. Zaragoza have a physical or mental condition which totally and permanently
prevents her from performing a reasonable range of duties within her 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 Ms. Zaragoza's duty
as a Police Officer? (A.R.S.§38-842.1)
The Board unanimously answered 'yes'.
3. Does Ms. Zaragoza'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 Samantha Zaragoza.
Motioned by Board Member Justin Harris, seconded by Board Member Kevin Phelps
AYE: Board Member Kevin Phelps
Board Member Charles Erickson
Board Member Cody Carmichael
Board Member Justin Harris
Other: Mayor Jerry Weiers (ABSENT)
Passed
15. BOARD COMMENTS AND SUGGESTIONS
There were no Board comments or suggestions.
16. NEXT MEETING
The next regular meeting of the Public Safety Personnel Retirement System Local Police
Board will be held on December 21, 2022 at 9:30 a.m., in the 4th Floor Conference Room,
located at 5850 W. Glendale Ave., Glendale, Arizona, 85301.
17. ADJOURN THE LOCAL POLICE BOARD MEETING
Chair Erickson adjourned the meeting at 10:24 a.m.
The Public Safety Personnel Retirement System Local Police Board meeting minutes of November 16,
2022 were submitted and approved this 21 st day of December, 2022.
/s/Jim Brown
Jim Brown
Recording Secretary