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HomeMy WebLinkAbout1993-05-12 Minutes• • MINUTES OF A POLICE PENSION BOARD MEETING A meeting of the Police Pension Board was held on May 12, 1993, at 10:00 a.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Eldon Roberts, Rick Hoyt, Jerry Friend, Hollis Spencer, Dr. James Mashburn, City Clerk Sherry Thomas, City Attorney Jerry Rose, City Treasurer Glyndon Bunton, and Administrative Services Director Ben Mayes. ABSENT: Mayor Hanna CALL TO ORDER The meeting was called to order by Eldon Roberts. MINUTES Mashburn made a motion to approve the minutes of the April 15, 1993 meeting. Spencer stated he had a question about health insurance and the ability to keep it for 18 months after leaving employment. Hoyt stated that discussion was about the Cobra Act that states a person can pay the city and employee shares of the health insurance policy for 18 months after leaving employment. If someone is fired, they can carry the policy for 36 months. Spencer stated the retiree -elect member of the pension board, Clint Hutchens, brought to his attention the law that as long as a person continues to pay the premium, he can stay on the group health insurance policy indefinitely. Clint Hutchens stated he was told this law had passed, but he does not know for sure. Hoyt seconded the motion to approve the minutes. The motion was approved unanimously. CHARLES JOHNSON RETIREMENT Roberts stated Charles Johnson submitted a second request for retirement on April 22, 1993. He and his attorney, W.H. Taylor, are present to answer any questions. Taylor asked Rick Hoyt to step aside from voting on this matter because he had been involved in an OPS investigation on Johnson. Hoyt asked for Jerry Rose's opinion. Rose stated this type of request is all too common. Dealing with conflict of interest is a gray area that a lot of boards and • • May 12, 1993 committees get into. He stated Hoyt would have to decide for himself if he has a conflict of interest. Rose also pointed out that Hoyt was duly appointed to this board and has a responsibility to the public. What are the consequences of Hoyt's decision? Rose stated it is really hard to tell. If the decision is appealed, the conflict of interest will not have any affect upon the judge because he will re -try the case and not take into consideration the board's decision. Hoyt stated he does not feel this is a conflict of interest. He was not involved in the investigation, rather he was the keeper of the records. Therefore, he is not going to remove himself from voting on this issue. Taylor asked Johnson how he hurt his hand. Johnson stated in April of 1992, he was arresting a lady who did not want to go to jail. She twisted around and caught his finger in the chain of the handcuff. Taylor asked if his swollen finger affected the use of his weapon. Johnson stated in June of 92, he qualified with a lower score than had been normal for him. The repercussion of the gun hurt his finger. Taylor asked him if he was comfortable shooting his gun. Taylor stated he would, but he would prefer not to . In December of 1992, he and Officer Fincher escorted prisoners and his finger got caught in the shirt cuff of one of the prisoners. He has lost his grip with his right hand, lost hold of the prisoner, and had to subdue him again. Taylor stated on January 8, 1993, he went to Dr. Garbutt. Dr. Garbutt stated he did not think Johnson could work as he normally could have. Johnson stated he told the doctor not to send anything to the station because he would, and he was put on sick leave effective February 14, 1993, and he has been on sick leave since that time. His finger and hand does not hurt if he does not do anything with it. If he uses his hand, it swells up and gets sore, and sometimes his finger locks up. He can't open jars, pop bottles, and he can't squeeze very tight. He also has difficulty twisting and opening a door knob. Right now he has been working at his flea market because there he only has to push a button. He stated he really doesn't want to retire because being a police officer is what he has always done and all he really knows. But he does not feel he can do the job of a patrolman without endangering the lives of fellow officers and citizens as well. Dr. Mashburn stated Johnson had retire, but he does not feel patrolman. He asked Johnson if • Johnson stated yes. stated he really did not want to he would be able to work as a he thinks he should be retired. • May 12, 1993 Dr. Mashburn stated he voted not to retire him at the previous meeting, but he felt Johnson did have something he should justify retirement. He stated this Board is supposed to protect the retirement funds, but he also wants to make sure everyone gets a fair chance. As a physician, he wants to see that people have the opportunity to get medical treatment. Johnson stated he went surgery so he could go said surgery would not be scar tissue after problems. He does not known since he was 17. to Dr. Garbutt and said he needed to have back to work. He stated Dr. Garbutt had allow him to go back to work. There would surgery that would still cause pain and want to retire because this is all he has Dr. Mashburn stated he had hoped he could come back to work. If this Board approves your retirement, you will lose medical benefits. So, if you were going to have something done with your hand, you needed to be employed and covered by health insurance. Roberts stated Johnson would not lose medical insurance if he is retired. He will be able to keep the insurance for 18 months if he pays the full premium. Dr. Mashburn stated the full premium may put a hardship on Johnson. Bunton stated he realizes that the full insurance premium is very expensive, and he voted against the retirement because he did not want to force Johnson into this expense. If Johnson can continue with the insurance coverage with less than the full premium, he feels the Board should explore that. Bunton stated he was not sure the Board was giving Johnson every opportunity to explore coming back to work after surgery. He feels Dr. Garbutt is right about the effects of scar tissue. Roberts stated if Johnson is retired, and he keeps the insurance for 18 months, the family plan premium is $301 per month. Hoyt asked Johnson if after having talked with Dr. Garbutt, has he decided not to have the surgery? Johnson stated he will not have the surgery unless it is a last resort. He stated he will probably have to have it later on if his finger gets worse. He last lost 50% or more of the grip in his hand. After he uses his hand, the finger swells and he loses circulation. He uses hot and cold pack on his hands even now after he is no longer undergoing therapy. He has done everything he has been told to do. Dr. Garbutt says there is no guarantee even with surgery. Roberts stated at the last meeting where Johnson's retirement was denied, several members of the Board were concerned because Johnson • May 12, 1993 was not present at the meeting. Roberts stated he had told Johnson that he did not have to be there, so this was Roberts' fault. Friend stated his concern at the last meeting was that the Board had a letter from Dr. Moore who stated he feels Johnson could be helped with surgery. Dr. Moore stated he feels chances are good but no guarantees. This is in conflict with Dr. Garbutt. Friend stated he gets suspicious about Dr. Garbutt because he feels he may be operating a retirement clinic. His May 4, 1993 letter does not sound very official, rather it is sort of flip. Friend stated he is concerned about making a poor decision to retirement if Johnson could come back to work. Dr. Moore states in this new letter Johnson could come back to work. Friend stated he does not see that there has been a lot of change from the last meeting, and his feelings are about the same. This is not a life threatening surgery, and neither doctor says Johnson would be worse off. Spencer stated Johnson has to go every 6 months for a medical examination if the Board retires him today. Johnson has time to choose to have surgery if he so elects. Johnson has time to improve in 6 months, and he could take his job back if the doctors say he can. Spencer, seconded by Dr. Mashburn, made a motion to approve the retirement. Dr. Mashburn stated he feels that both doctors agree that he is now disabled and will have to have surgery before there will be any improvement. Dr. Mashburn stated he feels the Board has no choice but to retire Johnson because there is no way to require him to have surgery. Bunton stated he feels more clear about the physical nature of the problem and is glad that Johnson and his attorney are here at this meeting. Bunton stated he is inclined to vote for retirement. He asked who will be paying for the 6 month checkups. Hoyt stated Johnson will pay for them. Dr. Mashburn stated Johnson has to have an until his 20 years of service will have been Spencer stated the Board will also have the choose the doctor for Johnson to see. exam every 6 months up. right to request and Hoyt stated he feels about the same now as he did at the last meeting. He has been elected to watch over the funds of the pension fund. Prior members of the Board have received criticism for retiring people too easily and quickly. Those retirees have gone to work for other law enforcement agencies. It is an unknown factor if this surgery would do any good. If nothing is done, the finger may get worse. Hoyt stated Johnson has 6 years left until • • May 12, 1993 his 20 years are up. He could have the surgery after 6 years and may go back to work for another law enforcement agency. It is the unknown factor if he could come back after having surgery that will make him vote not to approve the retirement. Dr. Mashburn stated Hoyt's point is well taken, but this Board cannot force Johnson to have surgery. He wanted Johnson to have every opportunity to know his rights, so he voted against the retirement last time. Dr. Mashburn stated the pension members will have to get the law changed so that a person can be forced to get a medical problem taken care of that will enable them to return to work. Roberts stated he agrees with Dr. mashburn. He stated he was on the Board when the people Hoyt is talking about were retired in 1988 or 1989. Those people could have been helped with surgery. Friend stated those retirements were different because the Board did not have a letter from a doctor stating that the people could be helped through surgery like the Board has now on Charles Johnson. Dr. Mashburn stated we had something this time that said he could probably be helped. We want him to have every opportunity to have surgery. Friend stated the Board can deny retirement and force him to have surgery. This is just like the example that was discussed at the last meeting. If he got a splinter in his hand and could not go to work until he got it removed, he should have it removed. Friend stated he feels an employee should have an obligation to try to do what would be reasonable to get well and come back to work. Dr. Mashburn agreed with Friend. But, until something is changed in the law, the Board can't make Johnson have the surgery. He stated there is enough medical evidence that says he is medically disabled. He stated he feels the Board has no real choice. But, he does feel the Board needs to look into the law and deal with malingering type of illnesses that can be helped. Roberts stated the doctors did not guarantee that Johnson could be helped. Rose agreed with the findings of the Board members. There is no way to make Johnson have surgery. The law needs to be clearer. He thinks the Board does not have a choice. If the Board feels what Johnson is doing is outrageous and unreasonable, they can vote against the retirement. Spencer asked what would happen about his salary when he runs out of sick leave if the Board denies the retirement. • May 12, 1993 Rose stated he feels his attorney would do something. By a show of hands, the motion to approve the medical retirement was approved by a vote of 4 to 2, with Hoyt and Friend voting no. Roberts stated Charles Johnson has been granted a medical retirement effective today. NEW BUSINESS Roberts stated the legislature passed Act 999 in the last session. This act talks about requiring an actuary study to be run every year. He stated he thinks this is the same law that allows assets to be counted at 80% of the market value. One of the bills that was passed mandates that everyone be given a minimum of $350 retirement if the fund is sound or will remain sound after this benefit increase is given. He asked what needs to be done with the Police Pension Fund regarding these new laws. Ben Mayes stated there was an actuary report done at the end of 1991. He will have to look at the laws. If it is mandated by law, the state will probably do the actuary each year. Currently, there is a small study done on the off years for the auditors. Mayes stated he would call Katherine Henshaw and report back at the next meeting. Roberts asked Mayes to get the Board something on this. It will be 90 days before the laws go into effect from their date of passage. Roberts stated to increase everyone up to $350 per month, it would cost the fund $859 per month. ELECTION Roberts stated the active members of the Pension Board will hold an election and vote on one person to fill a two year term. Both he and Rick Hoyt are up for reelection. Clint Hutchens, now a captain with the sheriff's office, has been elected by the retirees to be their new representative on the Pension Board. It was decided that the election will be held at 2:00 p.m. on Tuesday, May 18, 1993 in the Interim City Hall. ADJOURNMENT The meeting adjourned at 10:55 a.m.