HomeMy WebLinkAbout1991-12-19 Minutes44.
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MINUTES OF A MEETING OF THE FIRE PENSION BOARD
A meeting of the Fayetteville Fire Pension and Relief Fund Board of
Trustees was held on Thursday, December 19, 1991, at 11:00 a.m. in
Room 362 of City Hall, 113 W. Mountain, Fayetteville, Arkansas.
PRESENT: Firemen Marion Doss, Danny Farrar, and Pete Reagan;
Retirees Richard Baird and Darrell Judy; City
Manager Scott Linebaugh, Administrative Services
Director Ben Mayes, City Attorney Jerry Rose, and
City Clerk Sherry Thomas.
CALL TO ORDER
The meeting was called to order by City Manager Scott Linebaugh.
V
MINUTES
Reagan, seconded by Judy, made a motion to approve the minutes from
the August and September meetings. The motion was approved by a
unanimous vote.
PENSION LIST
Thomas reported that there were no changes on the pension lists for
December and January. Reagan, seconded by Farrar, made a motion to
approve the December pension list. The motion was approved by a
unanimous vote. Reagan, seconded by Judy, made a motion to approve
the January pension list. The motion was approved by a unanimous
vote.
OLD BUSINESS
DARRELL JUDY
City Attorney Jerry Rose referred to a memo he wrote in February
1990 regarding the request by Darrell Judy for disability
retirement benefits. A few months ago Rose reported reviewing this
case along with his assistant to attempt to find eligibility for
Mr. Judy. He further reported that they could find no legal
rationale to justify eligibility. In spite of legalities, Rose
stated that there may be some good reasons for the Fire Pension
Board to hear and act favorably toward Mr. Judy.
City Attorney Rose stated that his best legal advice is that Mr.
Judy is not eligible to go back and change his request based on the
assumption that all evidence presented is true. If the Board
should decide that Mr. Judy is not eligible as a matter of law,
Rose suggested that they not make factual findings; therefore, if
the Court disagrees with their decision, he can argue that the case
needs to be bounced back to the Board for their examination of the
evidence.
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December 19, 1991
In response to Baird's inquiry regarding the circumstances of this
case which meet four or five of the basic requirements and the
legal determining factor for eligibility; Jerry Rose responded that
A.C.A. §24-11-819(a)1 states in pertinent part that, ". . . a fire
fighter must show that he is physically or mentally totally
incapacitated for the further performance of any suitable duty."
The fact that Mr. Judy performed his duties, even though they were
modified, up until the date of his retirement in 1988 is conclusive
proof that he was not totally incapacitated.
Baird further asked how then did they come to the conclusion for
Roy Skelton, as he worked until his retirement?
City Attorney Rose responded that the Board turned Skelton down; it
was the Circuit Court that finally approved his retirement.
Reagan stated that this is a tough decision because by granting
these benefits to Darrell Judy, it will set a precedent that
everyone will apply their case to.
Doss stated that it is the Fire Pension Board's responsibility to
do what is legal, even if it doesn't agree with what they would
like to do.
Chief Mickey Jackson stated Dr. Runnels' letter states that Mr.
Judy was never released to return to regular duty subsequent to his
on-the-job injury. Judy stated that the Board and Chief Jackson
requested this report from Dr. Runnels.
Darrell Judy continued that it was his belief that the best he
could get was 50%; had he known that it had increased to 65% in
1987, he would have tried to get the additional benefits.
In response to Reagan's inquiry, Judy responded that Dr. Runnels
had given him a disability rating of 15%. Judy continued to give
a brief history of his accident, injuries, and disability process.
Judy stated he had continued to work at light duty only and tough
it out until he completed his 20 years of service. He has had two
back surgeries and has difficulty walking.
Doss asked if the Board makes a decision and it is later determined
to have been incorrect and is overturned by the court, would
members of the Pension Board be held liable. City Attorney Rose
stated they would not as long as they were acting in good faith
when they rendered the decision, which he felt the Board was trying
to do.
In response to Doss' inquiry regarding whether they were discussing
issues that they shouldn't be getting into yet, Rose stated that
• they have an initial decision to make regarding whether he is
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December 19, 1991
eligible at all. Once that is done, they can get into factual
discussions.
Farrar stated that he had trouble discussing the case with Darrell
Judy present.
Baird stated that personally he was prepared to make a motion to
approve the Judy benefits. But from a legal standpoint, as a Board
he did not see how they could justify the benefits as it would not
be fair to the pension fund members. He further agreed with City
Attorney Rose's opinion that it would be better for a court to
refer the matter back to the Board for a determination.
Reagan, seconded by Baird, made a motion to deny the request for
benefits on the basis of total and permanent disability.
City Attorney Rose suggested that the motion should reflect the
Board's intent - even taking the facts in the most favorable light
to Mr. Judy without going into their truth or falsity at this time,
that Mr. Judy does not appear to be legally eligible for disability
pension benefits because of the total disability clause.
City Manager Linebaugh reported that previous minutes reflect that
the reason for the motion was that Mr. Judy did not request
• disability or line -of -duty disability retirement at the time of his
retirement.
The motion to deny benefits to Darrell Judy passed by a unanimous
vote.
Reagan inquired as to whether it was ethical for Darrell Judy to be
sitting on the Board and suing them at the same time regarding his
retirement disability benefits; to which City Attorney Rose stated
that he believes as long as he doesn't participate in any decisions
regarding his lawsuit, he can serve on the Board.
NEW BUSINESS
INVESTMENT REPORTS
Richard Yada of Merrill Lynch was unable to attend the meeting, but
he provided the Fire Pension Board with copies of the monthly
report and will provide the yearly report to the Board at the next
meeting.
Doss requested that all reports and letters received from Merrill
Lynch be copied and distributed to the entire Fire Pension Board.
CONTRIBUTION
• Chief Jackson reported that he has received the annual contribution
of $300 from Catherine Stout and asked what procedure he should
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December 19, 1991
follow with respect to this contribution. Jackson stated that he
has responded to Ms. Stout with a letter of appreciation from the
Fire Pension Board.
City Manager Linebaugh responded that he give it to Ben Mayes and
let him handle it.
ADJOIIRNMBNT
The meeting was adjourned at 11:41 a.m.