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HomeMy WebLinkAbout1989-07-20 MinutesMINUTES OF A POLICE PENSION BOARD MEETING A meeting of the Fayetteville Police Pension and Relief Fund Board of Trustees was held on Thursday, July 20, 1989 at 2:00 p.m. in Room 326 of City Hall. PRESENT: Members - Chairman James Pennington, Jerry Friend, Rick Hoyt, Jr. Eldon Roberts, Hollis Spencer, and Dr. James Mashburn. Also present were City Prosecutor Terry Jones, City Clerk Suzanne McWethy, Police officers Bobby Williams and Larry Perdue, and members of the audience and press ABSENT: Treasurer Scott Linebaugh The meeting was called to order by the Chairman. MINUTES It was moved, seconded and unanimous to approve the Minutes of the last meeting. RETIREMENT APPLICATION: MIKE MITCHELL Dr. Mashburn remarked that, at the last meeting, a letter had been submitted from Mike Mitchell's physician, Dr. Hamilton Hart, but he didn't feel there was enough information for the Board to consider. Mashburn said he felt a diagnosis, a prognosis and an opinion from the physician should be made available. He said, since that time, additional information has been submitted. Mashburn said, based on. the diagnosis, arthritis of the neck and shoulder, and the prognosis, progressive decreased range of motion, and the doctor's opinion, "At this time, I have recommended that he be granted a medical discharge as a policeman. I do not feel it would be safe for him to continue employment as a policeman," he feels Mitchell is definitely disabled. Mashburn said he had seen Mitchell and Mitchell has trouble driving. In answer to questions from Hoyt and Friend, Mashburn quoted from Dr. Hart's letter dated July 17, 1989: "...He has in the past had significant amounts of tingling and numbness in the left arm. This is particularly aggravated by minimal activities such as going to the bathroom or sitting at a typewriter. He would certainly be unable to drive a vehicle for 7 or 8 hours a day..." Mashburn said Mitchell had been seen by his family physician, Dr. Hamilton Hart, a neurologist, Dr. David Davis, and had an orthopedic consultation with Dr. Parke. Mashburn said normal pain medication was not effective for Mitchell's condition. Mashburn Police Pension Board Minutes July 20, 1989 Page 2 said he was perfectly comfortable recommending Mike Mitchell be granted medical disability. It was moved by Hoyt, seconded by Roberts, and unanimous to recommend medical retirement for Mike Mitchell. Roberts told the Board Mitchell had originally requested July 1 as his effective date of retirement, but said the Board was unable to act on the request at that time. He suggested a new date be set for his effective retirement. It was moved by Hoyt and seconded by Mashburn, that August 1 be Mitchell's effective date of retirement. The motion passed unanimously. City Prosecutor Terry Jones advised the Board that Dr. Mashburn should certify in writing to the Board that he finds Mitchell to be disabled. AFFIDAVITS In answer to a question from Chairman Pennington, City Clerk Suzanne McWethy said affidavits were sent out with the last pension checks, in accordance with the Board's request at the last meeting. Eldon Roberts suggested the affidavit be sent out as well to actively employed members of the department. NEW BUSINESS It was moved by Friend and seconded by Dr. Mashburn, to table discussion on investments until the next meeting. The motion passed unanimously. Pennington reported that Linebaugh had written to Shearson Lehman asking them for further clarification of some procedures. He said that would be taken up at the next meeting. RETIREMENT REOUESTS: BOBBY WILLIAMS & LARRY PERDUE The Board paused to read medical information which had been submitted by the applicants. Friend asked if there was a means by which funds could be used to pay for a specialist to examine an applicant for medical retirement. City Prosecutor Terry Jones advised that the Board had the right to have an examining physician of their choice examine an applicant for medical retirement, and to pay for the expense. • • Police Pension Board Minutes July 20, 1989 Page 3 In discussion of Bobby Williams, Hoyt said Dr. Hart's letter of July 17 referred to nerve problems, anxiety which first occurred due to something which happened at work on April 4. Hoyt asked if the nerve problems were primary. Mashburn, quoting from Hart's letter of the 17th, read: "...Currently, my diagnosis is that Mr. Williams is acutely anxious. He has some degenerative changes of the acromial clavicular joints, decreased range of motion in his shoulder joints secondary to arthritis, and will probably not improve significantly..." Mashburn said Hart submitted a form indicating range of motion of various joints and, and this indicated Williams' "abduction" on the right and left to be 90 degrees, where normally it should be 180 degrees or better. He said this refers to the ability to raise your arms up without pain or discomfort. Quoting from Hart's July 17, 1989 letter, Mashburn read: " ..His anxiety over his job and discipline are certainly enough to exacerbate his hiatal hernia pain, and if further stressed will probably result in a general decrease in his health. I would think he would benefit from early retirement with a medical disability as he is unable to perform the duties of a policeman. I do not feel that he will improve with treatment or can be rehabilitated to make it possible for him to return to work. In answer to questions from Friend, Dr. Mashburn said he had seen Williams and Williams has the pain as described. He said, if a specialist were to examine Williams, it would probably be an orthopedic surgeon. Hoyt said it was no secret that this application and that of Larry Perdue were controversial. He said it was no secret that Bobby Williams was an avid golfer but said he didn't know if, due to his medical condition, Williams can play golf now, and how that fits into the picture of not being able to be a policeman. He said he was worried about how that would appear. Hoyt asked Dr. Mashburn if he thought that Williams was disabled and could not perform his duties beyond a shadow of a doubt, or if he thought the Board needed another opinion from another doctor. Mashburn said, when he saw Williams, he saw an inability to use his shoulders. He said he didn't think this wouldn't be necessary to swing a golf club He said that the Board's only purpose was to hear the applicant's medical problems. He added that, just because a person is disabled for police work, doesn't mean they are unable to do other things, and doesn't hinder them from going on to gainful employment. • • Police Pension Board Minutes July 20, 1989 Page 4 Hollis Spencer asked if the Board had the right to have Williams re-examined after a period of time for employment in the future, if he requested this in the event his health has changed. City Prosecutor Terry Jones said the Board could require Williams to be re-examined every six months by a doctor of their choice until he reaches the 20 -year mark after which he could retire voluntarily. Hoyt asked if a motion had to be on the floor before discussion can be had from the audience. Pennington said he didn't think a motion was necessary, but said discussion would be limited. Hoyt said there had been a lot of discussion and conjecture over retirements in general, and said this was a perfect forum. Pennington said he had no problem with the audience commenting, as long as it is pertinent to pension board activities. Police Officer Taylor, speaking from the audience, said he did not have 180% range in his shoulder but, at the same time, he was still as fast as anybody in the department and was one of the best shots with a handgun. He said he could perform his duties just as well as anybody else. City Prosecutor Terry Jones said a question had been raised to him last week about the ability of the Fund to absorb the unexpected early retirement of two additional officers. Roberts said the Fund was not actuarily sound at present. He said it wouldn't help but would make no difference in the actuarial soundness of the Fund. Spencer, noting that Mitchell's application had been deferred from the last meeting pending additional information, said he didn't feel in a position right now to act on the requests from Williams and Perdue. He said he had received a number of calls from retired members wanting to know about the two additional retirements and he was unable to give them information at that time. Roberts said some of the retirees expressed a desire to be present when the applications were discussed and Spencer was unable to tell them whether or not the discussion would take place today. Pennington said he thought the Board had an obligation to examine any and all concerns regarding any retirement. Spencer asked if Perdue and Williams had sufficient sick leave to carry them through to the next Pension Board meeting. Larry Perdue, speaking from the audience, said he had sixty days of sick leave. It was moved by spencer that both applications be postponed for thirty days. Hoyt said that time period seemed excessive to him. There was no second to the motion. Hoyt questioned what the Board would have that they don't already have, between now and the next Police Pension Board Minutes July 20, 1989 Page 5 meeting, other than having the opportunity to read the material they received today. Spencer said he would be able to answer to the retirees. Roberts said it would also give the retirees an opportunity to be present for the next meeting. Dr. Mashburn said, if the Board wishes, this would give them an opportunity to get a second opinion. Roberts asked Mashburn if he thought the Board should request a second opinion. Mashburn said he had no difficulty or problem on Mike Mitchell's application, but said he would feel better if two doctors expressed the same opinion on the other applicants. Perdue asked if action was delayed would he be allowed to add additional information to his request, remarking that one of his physicians is on vacation and will not return until next week. Mashburn suggested the information be given to the Board members somewhat in advance. Roberts said he thought the Board should wait until all material has been turned in, before taking any action. • The motion was amended to postpone until August 10, and until further medical information can be submitted. Both Williams and Perdue indicated no problem with setting August 10 for the next meeting. Bobby Williams said he had intended to contact Dr. Moore, if necessary, but that he was on vacation. Perdue asked the Board by what date any additional information should be submitted. It was agreed that information should be submitted to the City Clerk by Monday, August 7. The motion was seconded by Hoyt. A member of the audience asked if Lt. Williams was presently on sick leave. Hoyt replied that Williams was not on sick leave but was on administrative leave. Police Officer Tim Helder, speaking from the audience, asked who would bear the expense of any additional medical examinations which have been requested. Friend said that, although additional medical information will be submitted, the Board didn't request that additional medical examinations be performed. Pennington said the applicants did not have to submit any additional information, but the Board reserves the right to request at the Board's expense, another evaluation at anytime. Police Officer Charles Johnson asked if the reason the Board was tabling the requests was for Spencer to contact retired members and to obtain more information. Spencer said, not necessarily to • • • • Police Pension Board Minutes July 20, 1989 Page 6 contact the retired members but for the retired members to be fully aware of it so they can be present. The motion passed unanimously. Friend asked for Dr. Mashburn's report on Larry Perdue. Mashburn, quoting from a July 18, 1989 letter from Dr. John Vinzant, read: "This patient currently carries the following diagnoses: Right acromioclavicular joint dysfunction, Right carpal tunnel syundrome, Peptic ulcer disease, Severe anxiety, Insomnia and depression Mr. Perdue is under considerable stress at the present time secondary to his inability to perform his duties and support his fellow officers in emergencies. He is unable to concentrate on his administrative duties as well. Mr. Perdue is a right handed individual who, with the above diagnoses, cannot handle physical contact due to his shoulder and wrist problems involving predominately the right upper extremity. He is unable to handle a pistol which is necessary in the line of duty. He also suffers gastric discomfort secondary to his peptic ulcer disease. The patient's inability to sleep affects his efficiency in all phases of his police work as does his depression. I feel this man cannot function properly at the present time and would recommend possible retirement." Mashburn said he questioned the meaning present time" as it applied to Perdue and, submitted an addendum dated July 20, 1989, last paragraph refers to as long as enforcement work." of the phrase "at the as a result, Dr. Vinzant in which he stated "The Mr. Perdue is in law Mashburn said he would like orthopedic consultation on Perdue. He said he would feel better if we had a second opinion. He said he told Perdue to bring in additional information if he saw Dr. Moore. There being no further business before the Board, the meeting was adjourned at 2:52 p.m.