Fire Public Safety Personnel Retirement Board Goodyear City Hall, Room 117 190 North Litchfield Road Goodyear, AZ 85338 |
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CALL TO ORDER
Chairman Kaino called the Fire Public Safety Personnel Retirement Board meeting to order at 8:07 a.m.
ROLL CALL
- Present:
- Chairman Laura Kaino; Vice Chair Michael Stewart; Boardmember Patrick Doyle; Boardmember Jay Mathias; Boardmember Liam Tierney
- Staff Present:
- Board Secretary Darcie McCracken; Board Attorney Lesli Sorensen
- Attendees:
- Certified Reporter Kristen Wunsch, Human Resources Director Lyman Locket, Benefits Analyst Chanda Washington
| PUBLIC COMMENTS |
There were no public comments.
| BUSINESS |
1.
APPROVE THE DRAFT MINUTES
MOTION BY Boardmember Patrick Doyle, SECONDED BY Vice Chair Michael Stewart to APPROVE the draft minutes of the February 25, 2021 Fire Public Safety Personnel Retirement Board meeting. The motion carried by the following vote:
- AYE:
- Chairman Laura Kaino, Vice Chair Michael Stewart, Boardmember Patrick Doyle, Boardmember Jay Mathias, Boardmember Liam Tierney
Passed - Unanimously
2.
Review, consideration and possible action on retirement from the Deferred Retirement Option Plan (DROP) - Arnoldo Rivera effective April 30, 2021
MOTION BY Boardmember Jay Mathias, SECONDED BY Boardmember Patrick Doyle to ACCEPT the retirement from the Deferred Retirement Option Plan (DROP) for Arnoldo Rivera effective April 30, 2021. The motion carried by the following vote:
- AYE:
- Chairman Laura Kaino, Vice Chair Michael Stewart, Boardmember Patrick Doyle, Boardmember Jay Mathias, Boardmember Liam Tierney
Passed - Unanimously
3.
Review, consideration and possible action on retirement from the Deferred Retirement Option Plan (DROP) - Russell Braden effective May 29, 2021
MOTION BY Boardmember Jay Mathias, SECONDED BY Boardmember Patrick Doyle to ACCEPT the retirement from the Deferred Retirement Option Plan (DROP) for Russell Braden effective May 29, 2021. The motion carried by the following vote:
- AYE:
- Chairman Laura Kaino, Vice Chair Michael Stewart, Boardmember Patrick Doyle, Boardmember Jay Mathias, Boardmember Liam Tierney
Passed - Unanimously
4.
Review, consider, and possible action on the application and medical records for Accidental Disability - Michael Bort (continued from February 25, 2021)
Chairman Kaino recognized the applicant, Michael Bort who was in attendance, and verified that he continued to want to have the discussion occur in the open meeting. Mr. Bort confirmed that he continued to want the discussion to take place in the open session. Chairman Kaino reviewed the Independent Medical Examination (IME) findings that were previously distributed to the Board and Mr. Bort. She advised that the report states that he is disabled and unable to perform the job duties, but that it did not occur as a result of his employment.
Mr. Bort asked if the IME would impact whether it was an ordinary or accidental retirement. Chair Kaino responded yes. Mr. Bort addressed the Board advising that the report makes him appear to be an arthritic old man. He spoke about the difficulties he faced including becoming septic after the surgery. He added that he spent 19 minutes with the IME doctor and did not believe that it was a thorough examination. He spoke about information from the report and a diagnosis from another doctor of "post-traumatic arthritis".
Mr. Bort stated that he had just completed the annual physical the day of the injury and had come out as a Tier I which is the highest score. He spoke again about the post-traumatic arthritis and that it comes sometime later after the injury. He added that the only delay for treatment has been on the medical and legal side. He distributed photographs of his time as a firefighter over the last 15 years showing his high level of activity. He added that the IME doctor said that Mr. Bort's lifestyle contributed to the issue since he was very active in cross fit and in other physical activities. Mr. Bort commented that he was 6' when he started as a firefighter and he was now 5'10". He added that the equipment weighs 70-80 pounds.
Mr. Bort demonstrated the height of 22 inches and described the situation where the truck had been moved to a different bay and had the power cord wrapped around it to get to the connection. He stated he missed the handle and found himself falling but due to his martial arts training he could control the fall somewhat to avoid landing on his head. He talked about working for Scottsdale Rural Metro for seven years and that he was working for Goodyear when the injury occurred.
Chair Kaino thanked Mr. Bort for his comments.
The Board entered into Executive Session at 8:50 a.m.
The Board reconvened in open session at 9:43 a.m. and Mr. Bort re-entered the room.
Chair Kaino reviewed the questions required by the state PSPRS.
1. Did the employee file the application after the disabling incident, or within one year of ceasing to be an employee? Answered yes.
2. Did (or will) the employee terminate by a reason of disability? Answered yes.
3. Did employement terminate based on a disciplinary issue? Answered no.
4. If the member's period of DROP has ended, if applicable, did (or will) the employee terminate by a reason of disability? Answered NA.
5. Is the employee still working a position within their job classification that the Local Board consideres a reasonable range of duties position? Answered no.
6. Has the employee refused a position within their job classfication that the Local Board considered a reasonable range of duties? Answered no.
7. Did the injury or condition occur prior to tht ecurrent PSPRS member date? Answered yes.
8. Was the injury or condition the result of an event incurred during the performance of the employee's duty? Answered no.
Board Attorney Lesli Sorensen explained the denial of the disability application to Mr. Bort and recommended he seek counsel for any additional information. Human Resources Director Lyman Locket was present and said that he would meet with Mr. Bort to talk about the options available. Ms. Sorensen commented that the Board's finding does not terminate his employment from Goodyear and that he has 60 days to appeal the Board's decision.
Mr. Bort asked if the IME would impact whether it was an ordinary or accidental retirement. Chair Kaino responded yes. Mr. Bort addressed the Board advising that the report makes him appear to be an arthritic old man. He spoke about the difficulties he faced including becoming septic after the surgery. He added that he spent 19 minutes with the IME doctor and did not believe that it was a thorough examination. He spoke about information from the report and a diagnosis from another doctor of "post-traumatic arthritis".
Mr. Bort stated that he had just completed the annual physical the day of the injury and had come out as a Tier I which is the highest score. He spoke again about the post-traumatic arthritis and that it comes sometime later after the injury. He added that the only delay for treatment has been on the medical and legal side. He distributed photographs of his time as a firefighter over the last 15 years showing his high level of activity. He added that the IME doctor said that Mr. Bort's lifestyle contributed to the issue since he was very active in cross fit and in other physical activities. Mr. Bort commented that he was 6' when he started as a firefighter and he was now 5'10". He added that the equipment weighs 70-80 pounds.
Mr. Bort demonstrated the height of 22 inches and described the situation where the truck had been moved to a different bay and had the power cord wrapped around it to get to the connection. He stated he missed the handle and found himself falling but due to his martial arts training he could control the fall somewhat to avoid landing on his head. He talked about working for Scottsdale Rural Metro for seven years and that he was working for Goodyear when the injury occurred.
Chair Kaino thanked Mr. Bort for his comments.
The Board entered into Executive Session at 8:50 a.m.
The Board reconvened in open session at 9:43 a.m. and Mr. Bort re-entered the room.
Chair Kaino reviewed the questions required by the state PSPRS.
1. Did the employee file the application after the disabling incident, or within one year of ceasing to be an employee? Answered yes.
2. Did (or will) the employee terminate by a reason of disability? Answered yes.
3. Did employement terminate based on a disciplinary issue? Answered no.
4. If the member's period of DROP has ended, if applicable, did (or will) the employee terminate by a reason of disability? Answered NA.
5. Is the employee still working a position within their job classification that the Local Board consideres a reasonable range of duties position? Answered no.
6. Has the employee refused a position within their job classfication that the Local Board considered a reasonable range of duties? Answered no.
7. Did the injury or condition occur prior to tht ecurrent PSPRS member date? Answered yes.
8. Was the injury or condition the result of an event incurred during the performance of the employee's duty? Answered no.
Board Attorney Lesli Sorensen explained the denial of the disability application to Mr. Bort and recommended he seek counsel for any additional information. Human Resources Director Lyman Locket was present and said that he would meet with Mr. Bort to talk about the options available. Ms. Sorensen commented that the Board's finding does not terminate his employment from Goodyear and that he has 60 days to appeal the Board's decision.
| EXECUTIVE SESSION |
Per ARS §38-431.03, upon a public majority vote of the members constituting a quorum, the Goodyear Fire Public Safety Personnel Retirement Board may hold an executive session for any item on the agenda.
MOTION BY Boardmember Jay Mathias, SECONDED BY Vice Chair Michael Stewart to CONVENE an Executive Session. The motion carried by the following vote:
- AYE:
- Chairman Laura Kaino, Vice Chair Michael Stewart, Boardmember Patrick Doyle, Boardmember Jay Mathias, Boardmember Liam Tierney
Passed - Unanimously
[See times noted above.]
| SEPARATIONS |
None.
| INFORMATION ITEMS |
There were no information items.
| NEXT MEETING |
The next meeting of the Fire Public Safety Personnel Retirement Board meeting is tentatively scheduled for May 27, 2021.
| ADJOURNMENT |
There being no further business to discuss, Chairman Kaino adjourned the meeting at 9:53 a.m.
Respectfully Submitted by:
Respectfully Submitted by:
| _____________________________ Darcie McCracken, Board Secretary |
__________________________
Laura Kaino, Chairman
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Date:___________________ |