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HomeMy WebLinkAbout04-17-2018 MinutesCITY OF SEBASTIAN POLICE PENSION BOARD MINUTES OF SPECIAL MEETING APRIL 17, 2018 1. Call to Order— Chairman Jason Gillette called the meeting to order at 10:04 a.m. Present Board Members Jason Gillette Christine Vicars Paul Williamson Randy Moyer Tim Wood Also Present Bonni Jensen, Klausner, Kaufman, Jensen & Levinson, Attorney for Board of Trustees Joseph Scarpa, Luks, Santoniello, Petrillo & Jones, Attorney for Petitioner Ken Johnson, Petitioner Ken Killgore, Plan Administrator Cynthia Watson, Human Resources Manager Emily Dowd, Indian River Court Reporting Janet Graham, Technical Writer 2. Hearino on Disabilitv Application of Mr. Kenneth Johnson Ms. Jensen stated this meeting is in followup of the initial meeting in the disability determination process. At the earlier meeting, the Board had determined that Mr. Johnson should be sent for a followup physical examination. Mr. Johnson completed the requested followup examination by Dr. MacDonald of Melbourne, who had performed the previous IME. Through Dr. MacDonald, a functional capacity examination was scheduled and performed. Dr. MacDonald in his report describes the position of police officer as a medium -demand position and that Mr. Johnson can meet those requirements, but that Dr. MacDonald was concerned about the standing and walking requirements of the position, where he was limited by pain in the right forearm. It was Dr. MacDonald's medical opinion that Mr. Johnson will never be able to return to his duties as a police officer without restrictions, he would be able to return to other police duties such as detective work, etc. and that Mr. Johnson was supportive of his opinion at this time. POLICE PENSION BOARD Page 2 MINUTES OF SPECIAL MEETING APRIL 17, 2018 Ms. Jensen described the Board's responsibilities are now to make a determination on whether Mr. Johnson is totally and permanently disabled such that he is unable, by reason of a medically determinable physical impairment, to render useful and efficient service as a police officer, whether that disability was caused in the performance of his duty as a police officer, and whether that disability is likely to be permanent. Mr. Scarpa stated that Mr. Johnson has done all the Board has asked of him pertaining to physical exams, functional capacity exams and physical therapy. He also reviewed the history of Mr. Johnson's case, including when Mr. Johnson was given a separation letter from the City. He pointed out that the physical therapist found on the most recent examination that Mr. Johnson's limitations were either the same or worse. Discussion was had among the Board members. Ms. Vicars asked for clarification as to whether there is a percentage of disability that has to be met. Ms. Jensen explained the requirements of the Statute, those being the inability to perform useful and efficient service as a police officer, and that it is not a percentage. Ms. Jensen said the City is not required to create a position that Mr. Johnson could fill. Mr. Wood voiced his concern as to whether Mr. Johnson would be able to protect himself and protect others. Mr. Scarpa pointed to wording in Dr. MacDonald's report that describes his concern that Mr. Johnson would not be able to adequately protect himself or others against an aggressor. Mr. Gillette pointed out that there is no light -duty police officer job, and that the officer could be called upon at any time to act as a road officer. Mr. Moyer asked for a description of the injury, which Mr. Scarpa read from the medical report. Mr. Moyer then voiced his concern about whether whatever decision the Board makes is permanent and inquired about what treatment has been done. Mr. Johnson said he has had two surgeries because the first one was unsuccessful, but that he has more pain after the second surgery than he did after the first. Ms. Vicars questioned whether Mr. Johnson could be reexamined in the future to determine what the state of his injury is. Ms. Jensen said yes. She further explained that in the present process the burden is on the Petitioner to prove his case, but in any future reexaminations the burden would be on the Board to prove that he is no longer disabled from performing his duties. Mr. Williamson stated the problem he has is that only one of the three doctors who examined Mr. Johnson found him to be disabled. The majority of the Board was in favor of having periodic reexaminations of Mr. Johnson, and Ms. Jensen stated they could revisit that in the future. Motion was made by Mr. Gillette and seconded by Mr. Wood to grant Mr. Johnson his POLICE PENSION BOARD MINUTES OF SPECIAL MEETING APRIL 17, 2018 Page 3 disability pension. Motion passed with a vote of four in favor, being Mr. Gillette, Ms. Vicars, Mr. Moyer, and Mr. Wood, and one opposed, being Mr. Williamson. Ms. Jensen explained that the ordinance provides that the disability benefit is payable as of the first of the month following the determination of entitlement. Today being April 17th, May 15t would be the date when the first payment is due. She further explained that there is a proration process for purposes of a disability benefit, and her office would put together an order granting the disability. Mr. Gillette stated that the next regular quarterly meeting would be June 26, 2018. 3. Public Comment -- None 4. Items for Next Aaenda a. Discussion of Reexamination for Disabilitv Retirees 5. Ad'ourn Chairman Gillette called for any further business; hearing none, he adjourned the meeting at 10:25 a.m. By: OJL 1d — j9