Loading...
HomeMy WebLinkAbout1993-01-15 MinutesMINUTES OF A MEETING OF THE POLICE PENSION BOARD A special meeting of the Fayetteville Police Pension and Relief Fund Board of Trustees was held on Friday, January 15, 1993, at 2:00 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Eldon Roberts, Rick Hoyt, and Jerry Friend; Retiree Hollis Spencer; Dr. James Mashburn; Mayor Fred Hanna; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; and Administrative Services Director Ben Mayes. CALL TO ORDER The meeting was called to order by was one order of business for this the request for medical retirement RETIREMENT REQUEST/TOMMY HARTWICK Mayor Hanna. He stated there meeting which was to consider for Tommy Hartwick. Eldon Roberts stated Tommy Hartwick had been a Fayetteville police officer for over 10 years and terminated employment October 19, 1992. Prior to termination, he submitted an application for medical retirement. Roberts explained the procedures to Hartwick at that time about getting medical documentation for the Pension Board's consideration. Mr. Hartwick was mailed a certified letter from the Pension Board informing him of this special meeting and requesting his presence along with his medical information. He did not pick the letter up from the post office. The letter was returned to the City Clerk. An officer hand delivered the letter to Mr. Hartwick. Mr. Hartwick is not in attendance at this meeting. Dr. Mashburn asked if Hartwick had 30 days or a period of time to file an appeal. Roberts stated there were no time stipulations regarding this particular issue. Spencer, seconded by Roberts, made a motion to deny the medical retirement request because of a lack of documentation and Mr. Hartwick was not present at the meeting. The motion passed unanimously. Hoyt stated he felt this would not be the end of the issue. City Attorney Rose stated Hartwick has 30 days to appeal this decision. He can appeal to the court who will make a de novo review; i.e., look at the whole issue again without taking into January 15, 1993 consideration the Pension Board's decision or reasons for making their decision. Roberts stated there was no provision in the statute that a time frame is set about the number of days to get the appropriate papers before the pension board. Roberts stated Hartwick has paid in over $11,000 to the pension fund. He asked how was this money to be treated. Dr. Mashburn asked if Hartwick should be sent a letter advising him of the actions the Board has taken and asking him what he wants to do with his money. Mayor Hanna asked if Hartwick had the option of leaving his money in the pension plan until he is 65 years of age. Roberts stated the statute talks about the fund being actuarially sound before this can happen, and the fund is not sound at this time. He stated he had originally thought Hartwick would have three options: (1) pursue the medical retirement, (2) get his contributions back, or (3) leave his money in the fund until vested. Spencer asked if there has been anything said about him trying to get his job back with the police department. Roberts stated his time to seek that recourse has passed. Friend asked if he was terminated by the City, would it be too late at that time to begin retirement procedures. City Attorney Rose stated that it could be, but he would have to research that question. He stated that he did not believe Hartwick could leave his money in the pension fund, and the Pension Board needs to get him his money. Rose suggested the Pension Board send Mr. Hartwick a letter advising him of the decision and telling him that his money is available for him to pick up from the City. Roberts stated he would have the letter hand delivered. His total amount of contributions are $11,305.02 that need to be returned to him. City Clerk Thomas stated she would prepare such a letter and have the check available in her office for Mr. Hartwick. ADJOURNMENT The meeting adjourned at 2:23 p.m.