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Home My WebLink AboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 11/16/2022 (3)11} Glendale A R I Z O N A MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL FIRE BOARD CITY HALL - 4TH FLOOR CONFERENCE ROOM 5860 W. GLENDALE AVE. GLENDALE, ARIZONA 86301 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 FIRE BOARD Chair Erickson called the Local Fire Board meeting to order at 9:42 a.m. 8. ROLL CALL Present: City Manager & Board Member Kevin Phelps Board Member & Chair Charles Erickson Board Member Paul Morales, Fire Captain (by telephone) Board Member Anthony Love, Fire Engineer Absent: Mayor & Board Member Jerry Weiers Staff Present: Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt. Vicki Moss, FIR Benefits Administrator Mike Hamblin, Assistant City Attorney Ken Barnes, Assistant Fire Chief Daniel Wolters, Fire Fighter Police Board Member Cody Carmichael, Police Sergeant Police Board Member Justin Harris, Police Officer 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 approved the Public Safety Personnel Retirement System - Local Fire Board Minutes of September 28, 2022 Motioned by Board Member Anthony Love, 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 (ABSENT) Passed 11. NEW BUSINESS Board Secretary Jim Brown stated that this item is simply to verify that new Fire Chief Ryan Freeburg is employed by the City of Glendale Fire Department in a public safety position and to accept the transfer of service credits from Scottsdale into the Glendale PSPRS. The Board voted to accept the transfer of service credits for Chief Freeburg. Motioned by Board Member Anthony Love, 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 (ABSENT) Passed 12. 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 9:44 a.m. All attendees that are not members of the Fire Board or supporting staff exited the conference room prior to the executive session. Motioned by Board Member Anthony Love, 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 (ABSENT) Passed The Board reviewed and discussed the Application for Accidental Disability Retirement, along with medical records and the Independent Medical Evaluation report, submitted by Daniel Wolters 13. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION 14. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS 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 Fire Fighter Daniel Wolters. 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. Wolters 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. Wolters' duty as a Fire Fighter? (A.R.S. §38-842.1) The Board unanimously answered `yes'. 3. Does Mr. Wolters' 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 Daniel Wolters. Motioned by Board Member Anthony Love, 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 (ABSENT) Passed 16. 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 Fire 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 FIRE BOARD MEETING Chair Erickson adjourned the meeting at 9:59 a.m. The Public Safety Personnel Retirement System Local Fire Board meeting minutes of November 16, 2022 were submitted and approved this 25th day of January, 2023. /s/Jim Brown Jim Brown Recording Secretary