HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 8/23/2023C ,-P*-
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Glendale
A R I Z O N A
MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
LOCAL POLICE BOARD
MEDIA CENTER - 2nd FLOOR CONFERENCE ROOM
9494 W. MARYLAND AVE.
GLENDALE, ARIZONA $6306
AUGUST 23, 2023
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
Board Member & Chair Charles Erickson
Board Member Justin Harris, Police Officer
Board Member Mitchell Ervin, Police Officer (arrived at the start of Executive Session)
Absent:
City Manager & Board Member Kevin Phelps
Staff Present:
Jim Brown, Board Secretary & Director of Human Resources & Risk Mgmt.
Vicki Moss, Assistant Director of Human Resources
Mike Hamblin, Assistant City Attorney
John Davidge, Police Sergeant
Lisa Chill, Admin Support Supervisor, HR
Other Attendees:
Board Attorney Cynthia Kelley
Kathryn Baillie, Attorney for Stephanie Fikejs and Patsy Griffith
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 26, 2023
Motioned by Board Member Justin Harris, seconded by Mayor Jerry Weiers
AYE: Mayor Jerry Weiers
Board Member Mitchell Ervin
Board Member Charles Erickson
Board Member Justin Harris
Other: Board Member Kevin Phelps (ABSENT)
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 9:35 a.m. All attendees that are not Board
members or supporting staff exited the conference room prior to executive session.
Board Member Mitchell Ervin arrived at the beginning of executive session and Chair
Erickson acknowledged him and requested that the minutes reflect that he was now
present.
Motioned by Board Member Justin Harris, seconded by Mayor Jerry Weiers
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 Medical Evaluations for nine (9) New City of Glendale Police
Personnel:
Andrew M. Birkholz
William Cannon
Xavier Stewart
Kaleb Healey
Austin J. Kessler
Mario M. Hanna
Jose C. Vega -Jordan
Rayner D. Cancio Ruche
Jonathan F. Cortez
B. The Board reviewed and discussed the Application for Accidental Disability Retirement,
along with medical records and the Independent Medical Evaluation report, submitted by
Police Officer Stephanie Fikejs
C. The Board reviewed and discussed the Application for Accidental Disability Retirement,
along with medical records and the Independent Medical Evaluation report, submitted by
former Police Officer Patsy Griffith
Kathryn Baillie, Attorney for Stephanie Fikejs and Patsy Griffith, had notified Board
Secretary Jim Brown that she wanted to address the Board during executive session. Ms.
Baillie was invited back into the conference room to address the Board after they had
concluded their executive session discussions. Ms. Baillie addressed the Board during the
remainder of executive session.
7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION
The Board adjourned executive session and reconvened in open session at 11:06 a.m.
8. CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS
A. Police Sergeant John Davidge confirmed that the following nine (9) New Police Personnel
have met the standards of the Glendale Police Department and the Arizona Peace Officer
Standards and Training Board (AZPOST).
The Board voted to approve the admission of nine (9) New Police Personnel into the Public
Safety Personnel Retirement System (PSPRS) with any pre-existing conditions noted on
the Pre -Existing Conditions Reports:
Andrew M. Birkholz
William Cannon
Xavier Stewart
Kaleb Healey
Austin J. Kessler
Mario M. Hanna
Jose C. Vega -Jordan
Rayner D. Cancio Ruche
Jonathan F. Cortez
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. Board Secretary Jim Brown read the pertinent information regarding the Application for
Accidental Disability Retirement submitted by Police Officer Stephanie Fikejs and stated
that the action requested of the Board is to take possible action on the Application.
Board Member Justin Harris motioned that the Board would like to offer Stephanie Fikejs the
opportunity to submit an Application for Temporary Disability, and the Board would approve
the Temporary Disability contingent upon receipt of such application.
Chair Erickson asked Ms. Baillie if she would like to address the Board. Mr. Baillie replied
that she would have to speak to her client, Ms. Fikejs. There was some discussion amongst
Board Attorney Cynthia Kelley, Ms. Baillie, Mr. Brown and the Board Members as to the
process if Ms. Fikejs would like to pursue that route. If Ms. Fikejs is in agreement, she
would modify her existing application to indicate that she is applying for a Temporary
Disability retirement. At that time, Ms. Fikejs would terminate employment with the city of
Glendale and temporary retirement would begin.
Mr. Brown stated that there are statutory questions that need to be discussed and answered
by the Local Board in regard to an Application for Temporary Disability to be submitted by
Police Officer Stephanie Fikejs. Mr. Brown read each question and the Board answered
each question.
1. Did (or will) the employee terminate by a reason of disability?
The Board unanimously agreed that the answer is 'yes'.
2. Did employment terminate based on a disciplinary issue?
The Board unanimously agreed that the answer is 'no'.
3. If the member's period of DROP has ended, if applicable, did (or will) the employee
terminate by a reason of disability?
This question does not apply to this employee.
4. Is the employee still working a PSPRS covered position that the Local Board considers a
reasonable range of duties position within the employee's department?
The Board unanimously agreed that the answer is 'yes'.
5. Has the employee refused a PSPRS covered position that the Local Board considered a
reasonable range of duties within the employee's department?
The Board unanimously agreed that the answer is 'no'.
6. Did the injury or condition occur prior to the current PSPRS membership date?
The Board unanimously agreed that the answer is 'no'.
7. 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 motioned on
and voted on by the Board.
The Board motioned and voted that Ms. Fikejs DOES HAVE a physical or mental condition
which totally and temporarily prevents her from performing a reasonable range of duties
within her job classification (A.R.S.§38-842.34)
Motioned by Board Member Justin Harris, seconded by Board Member Mitchell Erin
AYE: Mayor Jerry Weiers
Board Member Mitchell Erin
Board Member Charles Erickson
Board Member Justin Harris
Other: Board Member Kevin Phelps (ABSENT)
Passed
The Board motioned and voted that the disabling condition or injury WAS INCURRED in the
performance of Ms. Fikejs' duty as a Police Officer (A.R.S.§38-842.1)
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
The Board motioned and voted that Ms. Fikejs' disability DID NOT 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)
Motioned by Board Member Justin Harris, seconded by Board Member Mitchell Ervin
AYE: Mayor Jerry Weiers
Board Member Mitchell Erin
Board Member Charles Erickson
Board Member Justin Harris
Other: Board Member Kevin Phelps (ABSENT)
Passed
The Board voted to approve a Temporary Disability contingent upon Ms. Fikejs agreeing to
that and submitting an Application for Temporary Disability. If Ms. Fikejs does not wish to
submit an Application for Temporary Disability, the Board would take possible action on her
original Application for Accidental Disability at the next meeting.
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
C. Mr. Brown read the pertinent information regarding the Application for Accidental Disability
Retirement submitted by former Police Officer Patsy Griffith and stated that the action
requested of the Board is to take possible action on the application.
The Board voted to TABLE the Application for Accidental Disability Retirement submitted by
former Police Officer Patsy Griffith for 60 days pending receipt of additional medical records
from Ms. Griffith and submission of those records to the Medical Board, along with clarifying
questions from the Local Poilce Board for review by the Medical Board.
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
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 27, 2023 at 9:30 a.m., at the Glendle Media Center, 3rd
Floor Conference Room, located at 9494 W. Maryland Ave., Glendale, Arizona, 85305.
11. ADJOURN THE LOCAL POLICE BOARD MEETING
Chair Erickson adjourned the meeting at 11:16 a.m.
The Public Safety Personnel Retirement System Local Police Board meeting minutes of August 23, 2023
were submitted and approved this 27th day of September 2023.
/s/Jim Brown
Jim Brown
Recording Secretary