HomeMy WebLinkAboutMinutes - Minutes - Public Safety Personnel Retirement Boards - Meeting Date: 12/20/2023G1endaie
A R I Z O N A
MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
LOCAL POLICE BOARD
GLENDALE REGIONAL PUBLIC SAFETY TRAINING CENTER
11550 W. GLENDALE AVE.
1st FLOOR, CONFERENCE ROOM 103
GLENDALE, ARIZONA 85307
DECEMBER 20, 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 Mitchell Ervin, Police Officer
Board Member Justin Harris, Police Officer
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 & Risk Mgmt.
Mike Hamblin, Assistant City Attorney
Charlotte Beadles, FIR Benefit Analyst
Wendy Hatt, FIR Technician
Other Attendees:
Board Attorney Cynthia Kelley
Kathryn Baillie, Attorney for Patsy Griffith
Patsy Griffith, Former Police via Telephone
Michael Griffith
3. CITIZEN COMMENTS
There were no citizens present.
4. APPROVAL OF THE MINUTES
The Board voted to approve the minutes of the October 25, 2023 Public Safety Personnel
Retirement System Local Police Board meeting.
Motioned by Mayor & Board Member Jerry Weiers, seconded by Board Member & Police
Officer Mitchell Ervin
AYE: Mayor & Board Member Jerry Weiers
Board Member & Chair Charles Erickson
Board Member & Police Officer Justin Harris
Board Member & Police Officer Mitchell Ervin
Passed
6. 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 city's attorneys (A.R.S. §
38-431.03(A)(3));
The Board voted to adjourn open session and go into Executive Session in order to review an
Application for Accidental Disability Retirement from the Public Safety Personnel Retirement
System (PSPRS) and medical records exempt by law for public inspection.
All attendees that were not Board members or supporting staff exited the conference room prior
to the executive session.
Motioned by Board Member & Police Officer Justin Harris, seconded by Board Member &
Police Officer Mitchell Ervin
AYE: Mayor & Board Member Jerry Weiers
Board Member & Chair Charles Erickson
Board Member & Police Officer Justin Harris
Board Member & Police Officer Mitchell Ervin
Passed
A. Board to review and discuss the Application for Accidental Disability Retirement, along with
medical records, Independent Medical Evaluation report and Medical Addendum, submitted by
Police Officer Patsy Griffith.
The Board discussed in detail the Independent Medical Evaluation Report including the medical
conflicts. After the Board concluded their discussion, Ms. Griffith was reconnected via
telephone and Kathryn Baillie, Attorney for Patsy Griffith, was invited back into the conference
room to address the Board. Ms. Baillie and Ms. Griffith were advised that the Board was still in
Executive Session. Ms. Baillie addressed the Board on behalf of Ms. Griffith. Both parties
were excused from the Executive session and the Board concluded their discussion.
B. Board to review and discuss the Temporary Disability Retirement along with the Independent
Medical Evaluation submitted by former Police Officer Lucero Ruiz as requested by the Public
Safety Retirement System.
The Board initially approved the Temporary Disability during the September 27th, 2023 Board
meeting and revisited the decision during the October 25, 2023 Board Meeting in which they
provided instruction to PSPRS to begin payment beginning October 31, 2023.
After the submission of the completed disability application and minutes, Public Safety
Retirement System asked the Board to review and discuss the medical conflicts contained
within the Independent Medical Evaluation (WE) report dated September 12, 2023.
The Board revisited the IME report and turned their attention to the medical conflicts noted on
page 20. The Board discussed whether the conflicts in the medical evidence were taken into
consideration during the October 25th, 2023 Board Meeting. At the conclusion of the
discussion, Board attorney, Ms. Kelley, confirmed with Ms. Moss that Ms. Ruiz had not signed
the "Waiver of Confidentiality", which would limit what the Board could discuss in open
session.
7. ADJOURN EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION
Motioned by Mayor & Board Member Jerry Weiers, seconded by Board Member & Police
Officer Justin Harris
AYE: Mayor & Board Member Jerry Weiers
Board Member & Chair Charles Erickson
Board Member & Police Officer Justin Harris
Board Member &Police Officer Mitchell Ervin
Passed
CONSIDERATION AND POSSIBLE VOTE ON EXECUTIVE SESSION ITEMS
A. Consideration and possible vote on the Application for Accidental Disability Retirement
submitted by Police Officer Patsy Griffith.
Board Secretary Jim Brown stated that there are statutory questions that need to be discussed
and answered by the Local Board in regard to the Application for Accidental Disability
Retirement submitted by former Police Officer Patsy Griffith. 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?
This question is not applicable.
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 Ms. Griffith 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 voted 'Aye'.
2. Was the disabling condition or injury incurred in the performance of Ms. Griffith's duty as a
Police Officer? (A.R.S.§38-842.1)
The Board unanimously voted 'Aye'.
3. Does Ms. Griffith'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 voted 'No'.
Board Member & Chair Charles Erickson asked if there was any other discussion. The Board
found that although there were conflicts in the medical records, the Medical Board found with
reasonable medical certainty, that Ms. Griffith met the criteria for Accidental Disability. Based
on the medical records, the [ME report and after review and discussion of the conflicts listed
within the IME report, the Board voted to APPROVE the Application for Accidental Disability
Retirement from the Public Safety Personnel Retirement System (PSPRS) submitted by former
Police Officer Patsy Griffith.
Motioned by Board Member & Chair Charles Erickson, seconded by Board Member &
Police Officer Justin Harris
AYE: Mayor & Board Member Jerry Weiers
Board Member & Chair Charles Erickson
Board Member & Police Officer Justin Harris
Board Member & Police Officer Mitchell Ervin
Passed
B. Consideration and possible vote on the Temporary Disability Retirement submitted by former
Police Officer Lucero Ruiz as requested by the Public Safety Retirement System.
Board Member & Chair Charles Erickson stated that based on the advice of counsel, the board
was not required to vote on this action, but rather acknowledged the discussion the Board had
during the executive session in which they discussed the medical evidence, including the noted
conflicts, in detail and concurred with their original approval of the Temporary Disability
Retirement. In spite of the medical conflicts referenced in the Medical IME report, the Board
continues to support the Temporary Disability which would allow Mr. Ruiz the opportunity to
continue treatment and be re-evaluated in the near future.
9. BOARD COMMENTS AND SUGGESTIONS
10. NEXT MEETING
The next regular meeting of the Public Safety Personnel Retirement System Local _Police Board
will be held on January 24, 2024, at 9:30 a.m., at the Glendale Regional Public Safety Training
Center (GRPSTC) in the 1st Floor Conference Room 103, located at 11550 W. Glendale
Ave., Glendale, Arizona, 85307.
11. ADJOURN THE LOCAL POLICE BOARD MEETING
Chair Erickson adjourned the meeting at 9:51 a.m
Motioned by Board Member & Police Officer Justin Harris, seconded by Board Member &
Police Officer Mitchell Ervin
AYE: Mayor & Board Member Jerry Weiers
Board Member & Chair Charles Erickson
Board Member & Police Officer Justin Harris
Board Member & Police Officer Mitchell Ervin
Passed
The Public Safety Personnel Retirement System Local Fire & Police Boards meeting minutes of
December 20, 2023 were submitted and approved this 24th day of January 2024.
/s/Jim Brown
Jim Brown
Recording Secretary