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HomeMy WebLinkAboutMinutes - Public Safety Personnel Retirement System Board - 10/25/2010 MINUTES ORO VALLEY PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM (PSPRS) LOCAL BOARD Monday, October 25, 2010 KACHINA CONFERENCE ROOM ADMINISTRATION BUILDING N 11000 N. LA CANADA DRIVE CALL TO ORDER at 4:00 p.m. 1. ROLL CALL PRESENT: General John Wickham, Chair Betty Dickens, Member Wes Helvig, Member Dan Horetski, Member Richard Tracy, Member Also Present: Thomas Benavidez, PSPRS Board Attorney Lauri Keyes, Human Resources Department Catherine Hendrix, Police Department Diane Little, Police Department Jodi Brackett, Police Department Laurie Teachout, Police Department John Teachout, Police Department 2. APPROVAL OF MINUTES FROM AUGUST 31, 2010 Officer Dan Horetski would like to add Detective Laurie Teachout as also present. Motion: Officer Horetski moved to approve the minutes (with the changes) and seconded by Richard Tracy. Motion carried, 5-0. 3. REVIEW AND APPROVAL OF EMPLOYEE CHANGES: NEW MEMBER(S), DROP(S), RETIREMENT(S) AND DEATH OF MEMBER(S) A. Acknowledged the passing of retired member John Leigh on September 15, 2010. The Board responded to Chair Wickham that John Leigh was a retired officer. Motion: Wes Helvig moved to approve the changes and seconded by Mr. Tracy. Oro Valley PSPRS Local Board Regular Session Motion carried, 5-0. B. Acknowledged surviving spouse benefits for Sharen Leigh. Ms. Keyes responded to Chair Wickham's inquiry of the benefits for a surviving spouse. Normal procedure is the surviving spouse receives 80% of the retired member's benefits. Motion: Mr. Tracy moved that it be approved and sent forward which was seconded by Officer Horetski. Motion carried, 5-0. Notice of Possible Executive Session: Pursuant to A.R.S. Sections 38-431.03 (A)(1), (2), (3) & (4), the Board may consult with the Board's attorney for legal advice regarding Agenda Items 4 and 5. Detective Laurie Teachout responded to Thomas Benavidez that she did not object to the Board going into Executive Session and she did not have a representative. Mr. Tracy stated that in review of the medical records, he does not have any questions in regards to her application. The report indicates the accident happened on duty, it is permanent and she cannot perform the functions of a police officer. Mr. Benavidez clarified for the record that this is an uncontested application. Chair Wickham acknowledge the Boards decision not to enter into Executive Session. He also stated that the doctor's report was excellent. 4. ACCEPT INDEPENDENT MEDICAL EVALUATION (IME) REPORT AND CONSIDERATION AND POSSIBLE ACTION ON THE MEDICAL EVALUATION REPORT FROM DR. THRASHER, APPOINTED BY THE LOCAL BOARD, TO DECIDE ON THE FINDING OF ACCIDENTAL DISABILITY FOR DETECTIVE LAURIE TEACHOUT A. Reference IME report with any questions for Dr. Thrasher who will be available via phone. Chair Wickham asked what future work status is for an applicant after disability has been determined. Officer Horetski stated there is a time limit in which an applicant may return to work within the system. Mr. Benavidez noted that the Board has authority to request doctor re-evaluations periodically in order to determine if the applicant is still entitled to disability benefits. October 25, 2010 Page 2 of 4 Oro Valley PSPRS Local Board Regular Session Chair Wickham asked if the Board has ever had an applicant return to an IME for re- evaluation. The Board replied that this Board has not done a re-evaluation before. Chair Wickham further asked what procedures to take for an applicant's re-evaluation. Mr. Benavidez responded that the Board's Secretary would send a letter to the applicant stating they needed to undergo an IME to determine if he/she is still disabled. Officer Horetski asked what happened if the applicant is no longer disabled. Mr. Benavidez responded that the applicant is no longer eligible to receive benefits if they are no longer disabled and they have an offer of employment. The current matter before the Board is uncontested and the Board will make their decision. There is a 60-day period which anyone affected by the decision may request a rehearing of the Board. After the 60- days, the decision is final. The Board may request the applicant to attend an IME once a year. Chair Wickham tasked Ms. Keyes to research the State's authority to evaluate an applicant's disability. Ms. Keyes indicated that Investigator Helvig recused himself from the voting on Items 4 and 5. Mr. Benavidez wanted clarification on Investigator Helvig's reasoning. Investigator Helvig explained he was involved with the applicant's matter since the beginning of the injury, he works in close proximity, she approached him for guidance and if she were awarded disability, he would apply for her position. Mr. Benavidez confirmed that Investigator Helvig had a conflict and he was not qualified to vote. Motion: Officer Horetski moved to accept the Independent Medical Evaluation of Dr. Thrasher and seconded by Mr. Tracy. Motion carried, 4-0. 5. CONSIDERATION AND POSSIBLE ACTION TO ACCEPT THE ACCIDENTAL DISABILITY RETIREMENT APPLICATION AND TO ESTABLISH DETECTIVE LAURIE TEACHOUT'S LAST DAY ON THE TOWN OF ORO VALLEY'S PAYROLL Mr. Benavidez asked what the last payroll date was. October 25, 2010 Page 3 of 4 Oro Valley PSPRS Local Board Regular Session Ms. Keyes indicated the payroll ended October 23, 2010 and a new payroll period began on October 24, 2010. Detective Teachout indicated she already started in the new payroll period. Ms. Dickens informed the Board that there are many steps in turning in equipment and processing. Investigator Helvig provided the applicant will need time to find/return equipment, books, etc. that need to be located. Mr. Tracy offered Friday, October 29, 2010, since the applicant worked Monday through Friday. Motion: Mr. Tracy moved to accept the Accidental Disability Retirement Application of Laurie Teachout and establish her last day on the Town of Oro Valley's Payroll as 29, October 2010 and seconded by Officer Horetski. Motion carried, 4-0. 6. FUTURE AGENDA ITEMS — Board Members can suggest future agenda items, but they cannot be discussed at this meeting. Mr. Tracy thanked Detective Teachout for her service. Being a police officer for a long time, he knew what she was going through. Officer Horetski wanted to revisit the IME process for disabilities. Chair Wickham would like to know what the State does on their side for disabilities. Mr. Tracy added if the State has any guidelines for the Board in regards to disabilities. Ms. Dickens would like to review the Model Uniform Standards and make possible amendments for the Oro Valley PSPRS Local Board. ADJOURNMENT Motion: Mr. Tracy, seconded by Officer Horetski, moved to adjourn the meeting at 4:34 p.m. Motion carried, 5-0. 0.66vAil Alo A Prepared By: Catherine Hendrix, Office Specialist October 25, 2010 Page 4 of 4