HomeMy WebLinkAbout12-11-17 MinutesCITY OF SEBASTIAN
SPECIAL POLICE PENSION BOARD MEETING
IN RE: STEVEN R. POWELL, DISABILITY CLAIMANT
DECEMBER 11, 2007
CITY HALL
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
IN ATTENDANCE:
RICH SNELL, CHAIRPERSON
JOHN (JASON) GILLETTE, BOARD MEMBER
PAUL WILLIAMSON, BOARD MEMBER
CHRISTINE VICARS, BOARD MEMBER
KENNETH W. KILLGORE, BOARD MEMBER
CYNTHIA WATSON, HR MANAGER
ALSO PRESENT:
JASON D. BERGER, ESQUIRE
STEVEN R. POWELL, DISABILITY CLAIMANT
IN ATTENDANCE BY SPEAKERPHONE:
H. LEE DEHNER, ESQUIRE
VERO BEACH COURT REPORTERS
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AGENDA
2 I. CALL TO BEGIN
3 (Whereupon, at 10:01 a.m. the meeting began.)
4 AND THEREUPON,
5 STEVEN R. POWELL,
6 Called as the Claimant herein, after having been first duly
7 sworn, was examined and testified as follows:
8 THE CLAIMANT: Yes, I do.
9 II. INITIAL HEARING ON DISABILITY APPLICATION FROM
10 MR. STEVEN R. POWELL
11 Mr. Dehner, Esquire addressed the Board about the procedures
12 to be followed, the substantive plan revisions this claim is
13 filed under, and also general principles of law that will be
14 applicable to this proceeding: First, under Section 58-53,
15 the disability provision of the ordinance; Secondly,
16 procedurally, operating under Claim 14 of the claims'
17 procedures adopted by the Board.
18 The three principals, applicable to the Boards decision are:
19 No. 1, you must find that the greater weight of the evidence
20 of substantial and competent evidence supports the claim;
21 No. 2, you must comply with the essential requirements of
22 law which, basically, means applying the provisions of your
23 pension ordinance and applicable general law to the evidence
24 that's before you; and 3, you must accord procedural process
25 which we have done and will continue to do.
VERO BEACH COURT REPORTERS
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1 the Board determines that this is due to an accident while
2 Steven Powell was serving as a City of Sebastian Police
3 Officer.
4 CHAIRPERSON SNELL: I will second that motion
5 also. All in favor? Aye.
6 (ALL MEMBERS ANSWERED AYE.)
7 CHAIRPERSON SNELL: All against?
8 (NO RESPONSE.)
9 CHAIRPERSON SNELL: The record show five ayes, no
10 nays.
11 (Whereupon, a question was asked by Mr. Berger,
12 Esquire in reference to the date the Claimant's
13 retirement would be effective.)
14 MR. DEHNER: Yeah. It does. It provides, the
15 ordinance, as is fairly typical, that the effective date
16 would be when the Board determines entitlement, which would
17 be today.
18 MR. BERGER: Okay. And there's no... anything
19 within the policy for retroactive from --
20 MR. DEHNER: No.
21 III. ADJOURN
22 CHAIRPERSON SNELL: No other business, go ahead
23 and adjourn the meeting.
24 (Thereupon, at 10:36 a.m., the above -entitled
25 matter was concluded.)
VERO BEACH COURT REPORTERS
772-231-2231
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STATE OF FLORIDA )
SS
COUNTY OF INDIAN RIVER )
MEETING CERTIFICATE
I, GREGORY CAMPBELL, Notary Public of the State of
Florida at large, certify that I was authorized to and did
stenographically report the foregoing proceedings and that
the transcript is an excerpt of my stenographic notes.
DATED this il'dday of Ducc,,�zr, 2017 .
GREGORY CANYPB , COURT REPORTER
Commission No. E 907742
My Commission Expires 8/6/2019
VERO BEACH COURT REPORTERS
772-231-2231
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