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HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 8/23/2023C ,-P*- III-M* 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