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HomeMy WebLinkAbout2005-11-17 MinutesFiremen's Pension and Relief Fund Board of Trustees Meeting Minutes November 17, 2005 Page of 4 Firemen's Pension and Relief Fund Board of Trustees Meeting Minutes November 17, 2005 A meeting of the Fayetteville Firemen's Pension and Relief Fund Board of Trustees was held at 11:00 AM on November 17, 2005 in Room 326 of the City Administration Building. There was a discussion on changing the positions of Danny Farrar and Marion Doss. Due to the retirement of Marion Doss, they discussed placing Danny Farrar in the highest serving officer position and moving Marion Doss to a retired position. Marion Doss called the meeting to order. Present: Marion Doss, Dennis Ledbetter, Pete Reagan, Ronnie Wood, Sondra Smith, Marsha Farthing, Accounting Department, and Kit Williams, City Attorney. Absent: Mayor Coody, Danny Farrar Approval of the October 27, 2005 Meeting Minutes Dennis Ledbetter moved to approve the October 27, 2005 meeting minutes. Pete Reagan seconded the motion. Upon roll call the motion passed 5-0. Mayor Coody and Danny Farrar were absent. Approval of the December, 2005 Pension List Pete Reagan moved to approve the December, 2005 pension list. Ronnie Wood seconded to motion. Upon roll call the motion passed 5-0. Mayor Coody and Danny Farrar were absent. New Business: Retirement of Marion Doss There was a discussion of Marion Doss' retirement at the end of December and his term on the pension board will end also in December. Danny Farrar, being the highest ranking officer of the depaitment, will automatically take Marion Doss' place. Firemen's Pension and Relief Fund Board of Trustees Meeting Minutes November 17, 2005 Page 2 of 4 Kit Williams: Well, actually when I look at this it says that all member trustees shall serve two year terms and the normal rule is that you serve until you've been replaced by proper procedure. I don't know if we can just do a switch because that would have to be a vote. It seems like to me, when you were properly elected this two year term Sondra Smith: Now, he wasn't elected. Marion Doss: No, I wasn't elected, I was appointed in 1991 because the state law changed. Previously it was always the Mayor, City Clerk, and Fire Chief'. It got to where a lot of Fire Chief's in Arkansas was under LOPFI and not on the Pension Board, so the State Law was changed to the highest ranking. That's when I came on when the law came into effect. Sondra Smith: Just like me and the Mayor were not elected by the pensioners, we serve because State law assigns us a position Dennis Ledbetter: Would it be legal to make a motion and we vote to change his status, so he can finish his term? Marion Doss: My term is up December 31, 2005. Dennis Ledbetter: But I know, to change your status. Pete Reagan: Your term is up December 31, because that's when you're retiring? Marion Doss: Right, Right. Sondra Smith: We've got to move Danny out of that position and into Marion's. Pete Reagan: It would be much easier and I don't think anybody that is a member of this pension fund would have a problem with us switching the two positions. Kit Williams: Let me read this. It says that the Fire Chief or if the Fire Chief is not a member of the fund the highest ranking member of the Fire Department who is a member and who is willing to serve. Danny is already serving as a retiree; which he also happens to be active. Pete Reagan: The only reason he is retired status because we have an Attorney General's opinion that says when you sign up on the Drop Plan that you are considered retired. So he is active retired. There was a discussion between Kit Williams, Pete Reagan, and Sondra Smith about Drop Plan members. Pete Reagan: The only time this will make any difference is if somebody challenge's it. I don't foresee any challenges. Firemen's Pension and Relief Fund Board of Trustees Meeting Minutes November 17, 2005 Page 3 of 4 Kit Williams: You are not planning to ask for any changes in benefits or anything like that where it could be challenged. Pete Reagan: No. Dennis Ledbetter: If I just up and said that I don't want to be on it any more, I just quit or somebody passes away how do you finish up their term? Kit Williams: Well, actually what you should probably do is have an election. Dennis Ledbetter: But the board can't appoint somebody to finish their term out? Kit Williams: Probably not. I think that you would have to have an election. It doesn't say that you have a right to appoint anyone. What I would do at this time is just keep it as is at this point in time, and then in May we have to go back and do it the right way to make sure that you and Danny are in the right slots. You certainly would be entitled at that point to be a retired member and he would be the automatic highest ranking member, so he would automatically move to that spot, as long as we don't have a big issue coming up. Sondra Smith: The only vote that would be questionable would be Marion's, because Danny has to stay on the board. So you're only talking about one vote. You're not talking about two. Pete Reagan: I don't foresee any challenges from anybody. They are both serving on the Board right now, they are just switching positions. Kit Williams: It might be that at next meeting you all can acknowledge that Danny is now the highest ranking and appoint him as the highest ranking member and go ahead and appoint Marion as retired member until May when everybody has to run for reelection. Pete Reagan: This is just a question, not a motion. How about I make a motion in this meeting that as of December 31, when Marion retires that we make Danny Farrar a board member to fill Marion Doss' position on the board as the highest ranking Fire Department official and that Marion Doss then serve Danny's position as a retiree until the next election, which will be in May. Kit Williams: The only other thing you might add on this motion to kind of protect the board is say unless there is an objection from a retiree that requests an election that he be appointed to fill the rest of Danny's term. Pete Reagan moved that upon Marion Doss' retirement which is December 31, 2005, Danny Farrar, a current Board member, will fill that position as highest ranking member and that Marion Doss be moved over to fill the retiree term of Danny Farrar until the 2006 election unless we have an objection from the retirees. Dennis Ledbetter seconded the Firemen's Pension and Relief Fund Board of Trustees Meeting Minutes November 17, 2005 Page 4 of 4 motion. Upon roll call the motion passed 5-0. Mayor Coody and Danny Farrar were absent. Longer Investments: Monthly Report Pete Reagan: Elaine Longer with Longer Investments was here at the last meeting and gave a report. Meeting Adjourned at 11:30 AM.