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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 2/22/2023 (3). C"'air 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 FEBRUARY 22, 2023 9:30 A.M. 1. CALL TO ORDER THE LOCAL POLICE BOARD Chair Charles Erickson called the meeting to order at 9:38 a.m. 2. ROLL CALL Present: Mayor & Board Member Jerry Weiers Board Member & Chair Charles Erickson Board Member Justin Harris, Police Officer Board Member Mitchell Ervin, Police Officer Absent: City Manager & Board Member Kevin Phelps Staff Present: Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt. Vicki Moss, FIR Benefits Administrator Mike Hamblin, Assistant City Attorney Lisa Chill, Admin Support Supervisor, HR Other Attendees: Board Attorney Cynthia Kelley Kathryn Baillie, Attorney for Stephanie Fikejs (via telephone) Police Officer David Carr 3. CITIZEN COMMENTS There were no citizens present. 4. ADMINISTRATION OF LOYALTY OATH Mayor Jerry Weiers administered the Loyalty Oath to newly elected Police Board member Mitchell Ervin. 6. APPROVAL OF THE MINUTES The Board approved the Public Safety Personnel Retirement System - Local Police Board Minutes of January 25, 2023 Motioned by Board Member Justin Harris, seconded by Board Member Mitchell Ervin AYE: Mayor Jerry Weiers Board Member Mitchell Ervin Board Member Charles Erickson Board Member Justin Harris Other: Board Member Kevin Phelps (ABSENT) Passed 6. NEW BUSINESS There was no new business for open session. 7. 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. 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 Mitchell Ervin AYE: Mayor Jerry Weiers Board Member Mitchell Ervin Board Member Charles Erickson Board Member Justin Harris Other: Board Member Kevin Phelps (ABSENT) 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 David Carr. Before the end of Executive Session, Mr. Carr addressed the Board. B. The Board reviewed and discussed the Application for Accidental Disability Retirement, along with additional medical records, submitted by Stephanie Fikejs 8. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION 9. 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 David Carr. 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: 1. Does Mr. Carr 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 voted 'yes'. 2. Was the disabling condition or injury incurred in the performance of Mr. Carr's duty as a Police Officer? (A.R.S.938-842.1) The Board voted 'yes'. 3. Does Mr. Carr'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 voted 'no'. The Board agreed on the answers listed in these 3 (three) statutory questions and conducted one vote combining the 3 (three) questions and answers. Motioned by Mayor Jerry Weiers, seconded by Board Member Justin Harris AYE: Mayor Jerry Weiers Board Member Mitchell Ervin Board Member Charles Erickson Board Member Justin Harris Other: Board Member Kevin Phelps (ABSENT) Passed 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 David Carr. Motioned by Board Member Justin Harris, seconded by Board Member Mitchell Ervin AYE: Mayor Jerry Weiers Board Member Mitchell Ervin Board Member Charles Erickson Board Member Justin Harris Other: Board Member Kevin Phelps (ABSENT) Passed B. The Board voted to order an Independent Medical Evaluation (IME) based on the medical information provided along with the Application for Accidental Disability Retirement submitted by Stephanie Fikejs Motioned by Board Member Justin Harris, seconded by Board Member Mitchell Ervin AYE: Mayor Jerry Weiers Board Member Mitchell Ervin Board Member Charles Erickson Board Member Justin Harris Other: Board Member Kevin Phelps (ABSENT) Passed 10. BOARD COMMENTS AND SUGGESTIONS There were no Board comments or suggestions. 11. NEXT MEETING The next regular meeting of the Public Safety Personnel Retirement System Local Police Board will be held on March 22, 2023 at 9:30 a.m., in the 4th Floor Conference Room, located at 5850 W. Glendale Ave., Glendale, Arizona, 85301. 12. ADJOURN THE LOCAL POLICE BOARD MEETING Chair Erickson adjourned the meeting at 9:57 a.m. The Public Safety Personnel Retirement System Local Police Board meeting minutes of February 22, 2023 were submitted and approved this 22nd day of March, 2023. /s/Jim Brown Jim Brown Recording Secretary