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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. • February 15, 1994 • 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 • • • February 15, 1994 • 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.