HomeMy WebLinkAbout1994-02-15 MinutesA special
15, 1994,
Building,
PRESENT:
a
MINUTES OF A POLICE PENSION BOARD MEETING
meeting of the Police Pension Board was held on February
at 2:30 p.m. in Room 326 of the City Administration
113 W. Mountain, Fayetteville, Arkansas.
Eldon Roberts, Jerry Friend, Hollis Spencer, Clint
Hutchens, Dr. James Mashburn, City Clerk Sherry Thomas,
and City Treasurer Glyndon Bunton
ABSENT: Mayor Fred Hanna
CALL TO ORDER
The meeting was called to order by.•^Eldon Roberts.
MARK HANNA RETIREMENT REOUEST
Roberts stated the purpose of this meeting was to consider the
medical retirement request presented to him to be effective January
1, 1994 by Mark Hanna. He stated the medical reports have been
distributed to all members for their reviewal.
Dr. Mashburn asked Hanna to tell the Board his story.
Hanna stated he has been having problems for the last couple of
years. He has been seeing Dr. Ternes who has told him that he
suffers from post traumatic stress syndrome as a result of some of
the things that have happened to him while a member of the police
department. Hanna stated on January 27, 1981, he was held hostage
for some time. A shotgun was held to his head for about 10
minutes. This incident has caused him a lot of stress.
Hanna stated he left the department for a 6 -month leave of absence
on November 11, 1985. When he looks back, he realizes he was
really stressed, which caused him to quit the department. Hedid
not return to the police department until he was re -hired on
December 7, 1987. �.
Dr. Mashburn asked if he went through the full physical and
psychological examinations required for police work.
Hanna stated that he did take all of the examinations. He stated
he requested to be able to rejoin the pension fund. He was allowed
to do so by the Pension Board, and he paid back to the fund the
required amounts of money.
Hanna stated he has a torn cartilage in his knee. He thinks that
it happened while on duty, but he cannot swear to it. He jumped
off a loading dock while trying to apprehend suspects during a
burglary.
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February 15, 1994
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Bunton asked if Hanna would tell the Board how he feels his
conditions could affect his duties as•a police officer.
Hanna stated he suffers from stress and depression for which he has
self -medicated to try and circumvent the emotional pain. He stated
he does not feel he could ever be a police officer again.
Roberts asked if he was seeking a medical retirement or a duty
related medical retirement.
Hanna stated he feels his problems are the result of working on the
police department, and they are on -duty caused maladies. He is
glad the Pension Board is entrusted with watching over the pension
fund, and he will accept whatever type of retirement the Pension
Board feels should be granted. He stated after talking with Dr.
Ternes and his counselor, John Russell, he feels entitled to a duty
related medical retirement, but he will not argue one way or the
other.
Roberts explained the duty reacted medical retirement would entitle
Hanna to 65% of his salary, whereas the medical retirement would
entitle him to 50% of his salary. He stated according to the
statute, the definition for a duty related retirement requires that
a person has be "physically or mentally permanently disabled".
Roberts stated he has a problem with the word "permanently." Dr.
Ternes states in his letter than he hopes Hanna will be able to
recover completely.
Hanna stated he feels when Dr. Ternes talks about a successful
recovery, he means that he will just be better off and able to work
somewhere, but not police work. He stated Dr. Ternes' third
paragraph talks about the medical problem as being chronic to
acute, so it could last forever.
Dr. Mashburn stated this type of problem is what used to be called
shell shock.
Friend asked Dr. Mashburn to tell the Board about Hanna's knee
injury and how it relates.
Dr. Mashburn stated Hanna's knee problem is the same type of injury
that many football and basketball players get. With orthoscopic
surgery, the problem can be corrected, and the players can continue
with their sports. Hanna's doctor only recommended exercise at
this time to see if that will correct the problems. Dr. Mashburn
stated in his judgment, this is not a permanent disability. He
feels it is really a side issue and should have no bearing when
considering this retirement request.
Dr. Mashburn stated most of Hanna's problems are a result of the
post traumatic stress syndrome because of being exposed to
conditions of extreme psychological stress. Some people have
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February 15, 1994
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flashbacks and other problems from these types of occurrences. It
is also one of the most difficult types of things to determine. He
stated he does not know Dr. Ternes, but he is a graduate of the
University of Arkansas, is an M.D., and is board certified. He is
a qualified doctor to render a decision on this problem.
Dr. Mashburn stated he felt there was a chance for recovery from
this stress syndrome. 'However, if you have an officer suffering
from stress, and he comes upon another stressful situation, he
could have flashbacks, etc. There was a period of time when he was
not on the police department after the stress situation occurred.
If Hanna had not come back to the force after he left in 1985,
there would be no issue of a medical retirement. Dr. Mashburn
stated he had difficulty saying that this would be a service
related injury. Hanna went through all of the civil service
requirements and was re -hired to the department. He stated he
could go along with a medical retirement, but he would have
problems with a line of duty related retirement.
Dr. Mashburn, seconded by Spencer, made a motion to grant Mark
Hanna a medical retirement at 50% of his base salary.
Bunton stated after listening to Hanna and Dr. Mashburn, he feels
Hanna would probably not be able to function as a police officer,
and he is in favor of the 50% retirement.
Hanna stated he felt the 50% retirement was fair. He stated this
has been very hard for him to do. He has trust in the Pension
Board's judgment. He has always wanted to be a police officer
since he was a small child, and he is very sad that he can no
longer be an officer.
The motion to approve the 50% retirement passed by a vote of 5 to
1, with Friend voting no.
Roberts stated he would get with the Finance Department and get the
retirement benefits started effective February 15, 1994.
Spencer stated Hanna was subject to re-evaluation every 6 months
until he reaches his 20 years of service time.
Dr. Mashburn stated the Board will need a letter every 6 months
from Dr. Ternes or another physician regarding the status of
Hanna's condition.
Hanna stated Dr. Ternes told him he needs to be in some other
occupation besides law enforcement.
ADJOURNMENT
• The meeting adjourned at 3:00 p.m.