HomeMy WebLinkAbout1983-02-03 Minutes•
MINUTES OF A POLICE PENSION FUND BOARD MEETING
A meeting of the Police Pension Fund Board was held on February 3, 1983,
at 11:00 a.m., in the Chamber of Commerce, Board Room, Fayetteville, Arkansas.
PRESENT: Ron Bumpass, Dan Epperley, Eldon Roberts, Chief Bob Jones, Scott
Linebaugh, and Olivia Kelly.
ABSENT: Dr. James Mashburn
CALL TO ORDER
Chairman Ron Bumpass called the meeting to order at 11:00 a.m., and stated
that the purpose of this meeting was to consider the request by Officer David
Preston for the granting of medical disability. This request had been made
to Police Chief Bob Jones in a letter dated January 24, 1983.
Chief Jones stated that he is in receipt of a letter from Dr. Stephen Nichols
of Ozark Guidance Center concerning Officer Preston's current mental state, which
letter indicates that Dr. Nichols questions whether Officer Preston can function
in the course of his police officer duties, without risk to his personal well
being, and adds that Officer Preston might act in a manner that could be
detrimental to the Police Department.
Chief Jones added that Officer Preston had been under this doctor's care for
approximately a two-month period.
Mr. Bumpass suggested that a letter should be directed to Dr. Nichols
and that Dr. James Mashburn, who is absent from this meeting, might be
consulted as to the proper language to be used in this letter to Dr. Nichols
The letter would request that Dr. Nichols send a letter to the attention of
Dr. Mashburn, as physician for the Police Pension Fund Board, stating that
"Officer Preston is physically or mentally permanently disabled as relating
to the functions`of his job as a police officer." The technical law reads
that the Pension Board physician has to certify permanent disability.
Chief Jones raised the question as to whether the Pension Board desired
to issue "temporary retirement" because Officer Preston is still on the payroll.
He stated that Officer Preston is currently suspended with pay. It was
determined that "temporary retirement" does not exist as per State law.
Mr. Epperley asked how long Officer Preston can be kept on suspension,
and it was determined that it would be a Police Department management decision
and not a decision of the Pension Board. They reiterated that the function
of the Board is to determine whether Officer Preston had met the requirements
of the State regarding permanent and total disability. Mr. Epperley stated
that he would not be infavor of recommending retirement for Officer Preston
until the Board had received the letter from Dr. Nichols stating his opinion.
Mr. Epperley stated thathe would be in favor of leaving on on suspension.
A question was raised on which doctor's findings should be used, and
Chief Jones stated that he felt that no one on the Pension Board could
disqualify Dr. Nichols'findings. He added that the Police Department utilizes
the professional services of Dr. Nichols for purposes of evaluation of
psychological profiles of entry level patrolmen. They also added that Dr.
Mashburn is a member of the State Police Commission and is very well versed
in vicarious liability cases.
Mr. Epperley stated that he felt the Board should be certain of their
actions in that they would be setting a precedent. He added that it is
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possible that a short term employee of the department might act in this same
manner and if the Pension Board were to grant this request it might hinder
the morale of the dedicated officers on the force.
Mr. Epperley asked the normal procedure in regard to officers experi-
encing emotional or mental disorders, and Chief Jones stated that the
department is only contacted when the doctor feels the officer is experiencing
abnormal problems. This is done to insure the confidentiality of doctor/
patient relationships. If a serious problem is evidenced, the doctor then
gets in touch with the Chief.
Chief Jones stated that he felt a letter from Dr. Nichols was in order
and could clarify to the Pension Board Dr. Nichols opinion of the condition
o f Officer Preston. Dr. Mashburn would then have the opportunity to consult
with Dr. Nichols, and communicate these opinions to the other members of
the Board.
The Board determined that Officer Preston should be left on suspension
with pay, but that the letter should be directed to Dr. Nichols as soon as
possible to expedite the process.
Mr. Bumpass, seconded by Officer Roberts, made a motion to instruct
Mr. Linebaugh to write a letter to Dr. Nichols, asking him, at the request of
the Pension Board members, to prepare a letter to Dr. James Mashburn's
attention, clarifying Dr. Nichols opinion of the current condition of
Officer Preston, and to ask that this letter be prepared within a 30 day
period.
Upon roll call, this motion passed unanimously.
OTHER MATTERS..
Chief Jones read an excerpt from the Handbook for Arkansas Municipal
Officers, regarding Semi -Annual Physical Examination -Return to Service Upon
Recovery -Physician's fee, which reads: "If any member be retired because of
disability it shall be the dity fo said member to have an examination made of
himself by the physician on the Board of Trustees at least once every six (6)
months, and if he shall have recovered from such disability, it shall be the
duty of the Board of Trustees to stop .the payment of such pension and place
such member back in service on the Police Department, and the time of his
retirement shall be considered as continuous service in such department. A
member receiving the examination shall pay to the physician examining him a
fee of $5.00 for the examination so made." Chief Jones felt that this
could be interpreted to apply to the case of Officer Hawkins. It was deter-
mined that this would be referred to the City Attorney for clarification
o f this Section 34-1.21 of the Handbook.
Officer Roberts raised another matter concerning a policeman using county
time for retirement in the Police Pension Fund. He stated that Officer Paul
Wood began employment on January 15, 1964 and is still employed. He has set
retirement at April 30, 1983, to give him 19 years, and 3 1/2 months total
employment. Officer Wood worked in the Sheriff's Office from April 1, 1962
u ntil December 31, 1962, fora total of 9 months. He therefore only needs
8 1/2 months to reach his 20 years. Officer Roberts said that there have
been two people in the past retired by including time spent working for the
county.
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Officer Roberts stated that David Malone, when City Attorney, had rendered
an opinion concerning this matter. He presented copies to the Board members
of Attorney Malone's opinion. He added that under the law, Arkansas Statute
1953, Act 70, there are no provisions whereby the officer is required to
contribute into the Pension Fund. However, Officer Roberts stated, there is
an instance cited in the law, whereby Firefighters are to pay 4% of their
salary monthly for every month that they need to complete their 20 years
into the Police Pension Fund, once they are employed by the Police Department.
Officer Roberts stated that the Board shall be instructed to give credit for
the time that the police officer has performed outside of his original
employment,
The Board felt that documentation would be needed from the County stating
that the officer was serving as a law enforcement officer for the period of
time cited. This matter was to be referred to Attorney McCord for further
clarification.
INVESTMENTS
Treasurer Linebaugh stated that it is the Board's responsibility to approve
the investments. The handout material he presented to the Board contained the
list of investments for the past year. He added that the Treasurer is required
to make the investments and then bring them back to the Board for approval.
He also called their attention to the Financial Statement, dated December
31, 1982, contained in the handout material. He noted $1,900,000 worth of
investments. In the opinion of Mr. Linebaugh the Police Pension Fund is not
sound enough to raise the benefits. He added that the Firemen's Pension
Fund is expected to reach soundness as of December 31, 1982, and felt that
the reason forghe Police Pension Fund not yet reaching soundness can be
attributed to the fact that the Police Pension Fund has more retirees.
He called their attention to the $800 Due Other Funds amount and stated
that this amount refers to an item that was incorrectly placed in the Police
Pension Fund, but should have been placed in the Firemen's Pension Fund.
When Mr. Linebaugh was questioned about the bond investment for the
Police Pension Fund, he stated that he is in the process of investigating
this matter and will report to the Board at the next meeting. He added that
he has asked for the current market situation and has asked what is expected
regarding these bonds during the next six months. He further stated that the
current investment experts estimate that there will be a leveling out until
June or July of 1983, and that some experts are expecting the interest rate
to increase to approximately 18% at that time.
Mr. Linebaugh asked the Board to review the financial data submitted to
them and asked for their vote of approval at the next meeting of the Pension
Board.
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The Board called for another meeting of the Police Pension Fund
Board in two weeks time. Treasurer Linebaugh would set the date and time
of the next meeting and notify Board members.
ADJOURNMENT
There being no further business, the meeting adjourned at 12:25 p.m.
APPROVED:
Chairman
Acting Secretary, Olivia Kelly