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HomeMy WebLinkAbout1989-08-10 Minutes• MINUTES OF MEETING OF POLICE PENSION BOARD OF TRUSTEES A special meeting of the Fayetteville Police Pension and Relief Fund Board of Trustees was held on Thursday, August 10, 1989 at 2:00 p.m. in Room 326 of City Hall. PRESENT: Treasurer Scott Linebaugh, Secretary Eldon Roberts, Jerry Friend, Rick Hoyt, Jr., Dr. James Mashburn, and Hollis Spencer. Also present were City Clerk Suzanne McWethy and City Prosecutor Terry Jones, members of the press and audience ABSENT: Chairman James Pennington REQUESTS FOR MEDICAL RETIREMENT/PERDUE & WILLIAMS _ The meeting was called to order by Treasurer Linebaugh, in the absence of Chairman Pennington. Linebaugh noted the purpose of the meeting was to give consideration to requests for medical retirement from Larry Perdue and Bobby Williams. He said additional information requested by the Board from the applicants' doctors had been submitted to the Board. Linebaugh read the following from the Handbook for Arkansas Municipal Officials: "...If any member of the Police Department shall become physically or mentally permanently disabled and this fact is certified to by the physician of the Board of Trustees, he shall be entitled to retire and receive a pension as provided herein. The Board may first require that a second evaluation be performed by another physician to be named by the trustees." - Linebaugh said he interpreted that to mean, as long as Dr. Mashburn certifies that they are physically permanently disabled, then they can receive disability retirement, and the only option we have as a Board is to ask for another opinion. City Prosecutor Jones concurred. Jerry Friend said the record should show that the Board did not request any further medical reports. Dr. Mashburn said both applicants told the Board they were getting second opinions on their own, and the Board allowed them to do that, with the idea that, if we felt the second opinions still left any question or doubt, the Board would have the option to request an additional examination. Linebaugh asked Mashburn if he felt both applicants were permanently disabled. Mashburn said he felt the original medical reports were essentially valid as presented, that now we have had additional specialists' reports which essentially state that they are disabled to peform police work. Mashburn said he wanted to clarify that the Board is not a disciplinary board and looks at the applicants from a strictly medical standpoint. He said it also needed to be made clear that, just because someone is put on disability as a police officer, it means • • Police Pension Board Minutes August 10, 1989 Page 2 they are unable to perform their duties as a police officer,.and it doesn't mean they can't get other employment. He said if there is still any doubt, the Board is entitled to have the applicants back for re-evaluation every six months until they reach the twenty-year mark. Linebaugh quoted from the Handbook for Arkansas Municipal Officials as follows: "...If a member is retired because of disability it shall be the duty of the member to have an examination made every six months...In addition to the examination required above...the Board of Trustees may require the member to have an examination made of himself by a physician named by the Board no more than once every six months and if the physician determines that he is disabled he shall go back into the service." Linebaugh said the Board had the option to require them every six months to bring the Board a doctor's statement that they are disabled. Mashburn said, based on two different medical opinions in each case, in both instances, they stated they felt there was actually medical disability, and he would be willing to so certify. It was moved by Friend and seconded by Roberts, that the Board retire both Larry Perdue and Bobby Williams. It was noted that both applicants had requested retirement dates effective on July 20, 1989. It was moved by Friend and seconded by Roberts that the retirements be effective today (August 10, 1989). Linebaugh asked if there were any comments from the audience. Larry Perdue asked if it was the duty of the retirees themselves to have a medical examinationmade every six months, and he asked if every medically retired member does this every six months. Linebaugh said that was not the case. Roberts said it was their duty to do so, not the Board's duty to order them to do so. Roberts said no one else on medical retirement has been doing this and, the way he saw it, they were at fault, not the Board. He said the Board still had the right to request an examination at any time. Williams asked if he would be notified if the Board felt he needed an examination. Roberts said that would be done if the Board was requesting the examination. Linebaugh read the following from the Handbook: "...The retirement shall be considered as continuous service in the department. The member receiving the examination shall pay the physician examining him a $5 fee." Linebaugh said the retiree could go to Dr. Mashburn and have him examine them for a $5 fee. • Police Pension Board Minutes August 10, 1989 Page 3 Dr. Mashburn said, on the basis of the original physicians' statements plus the statements of the specialists, he felt he could certify both medical retirements. Upon roll call, the motion passed, 5-1, Hoyt voting in the minority, and Pennington being absent. INFORMATION FOR EXAMINING PHYSICIANS Mashburn stated he had drafted a statement to be used by examining physicians as a guide in preparing a doctor's opinion for the Board in cases where medical retirement is requested. (A copy of the statement had been distributed to the Board members prior to the meeting.) It was moved by Hoyt and seconded by Roberts, to approve the use of the statement for examining physicians. Upon roll call, the motion passed, 6-0. Assistant Chief Gerald Bradley asked what the last day was for both applicants to be on the City's payroll. Linebaugh clarified that day to be yesterday, August 9; 1989. A member of the audience asked if both applicants would be required, every six months, to be examined by either Dr. Mashburn or their own physician. Linebaugh read from the Handbook: "...If any member is retired because of any disability, it shall be the duty of the member to have an examination made of himself by the physician on the Board of Trustees at least once every six months and, if he shall have recovered .from the disability, it shall be the duty of the Board of Trustees to stop payment of the pension and to place the member back in service on the police department." City Prosecutor Terry Jones said "shall be the duty" meant they must do it. Linebaugh said we ought to send a letter to all medical retirees asking them to comply with this requirement. He said, as he interpreted it, if they don't comply, the Board has the option of requiring that they do so. Roberts asked if the Board wanted the applicants to see Dr. Mashburn or would a letter from their personal physician suffice. Linebaugh said it would be up to Dr. Mashburn. Mashburn said he would like the applicants' physicians to re-establish the fact that the medical conditions still exist. Department member Frank Johnson asked what the basis of this requirement was,. if it was a contingency of the retirements being approved. Linebaugh said it was not a contingency, but was required by law although it had not ever been done He said if, in the future, Dr. Mashburn ruled the applicants were not disabled, they would be required to be rehired. Police Pension Board Minutes August 10, 1989 Page 4 Larry Perdue said his pesonal physician was due to retire and asked what would be required of him when his doctor retires. Dr. Mashburn said he would want to fall back on the opinion of the specialist Perdue had seen. It was moved by Hoyt and seconded by Friend to adjournthe meeting. The motion passed, unanimously. The meeting was adjourned at 2:25 p.m.