HomeMy WebLinkAbout05-17-2023 MinutesCITY OF SEBASTIAN
POLICE PENSION BOARD
MINUTES OF SPECIAL MEETING
MAY 179 2023
I. Call to Order -- Chairman Wood called the meeting to order at 5:00 p.m.
II. Roll Call
Present:
Board Members:
Mr. Puscher
Chairman Wood
Ms. Ring
Not Present
Detective McDonough -- Excused
Mr. Reeves -- Excused
Also Present:
Bonni Jensen, Klausner, Kaufman, Jensen & Levinson, Attorney for the Board of
Trustees
Ken Killgore, Plan Administrator
James F. Brantley, Attorney for Petitioner (via Zoom)
Bonni Spatara Jensen, Attorney for Respondent
Paul Andrew Daragjati, Special Counsel for the Pension Board (via Zoom)
Barbara Brooke -Reese, MIS Manager
Janet Graham, Technical Writer
III. Vote to Excuse Absent Board Members
A motion to excuse Detective McDonough and Mr. Reeves was made by Mr. Puscher,
seconded by Chairman Wood, and approved unanimously via voice vote.
IV. Consideration of the Final Order on the Grimmich Forfeiture Process
Ms. Jensen stated that everyone should have a copy of the Order by the Administrative
Law Judge. She reviewed that the recommendation of the Administrative Law Judge was
to determine that William Grimmich forfeited all the rights and benefits under the Pension
Plan and provided for the return of the contributions that were accumulated as of the time
that he was convicted of the specified offenses. She stated that unless anyone has any
POLICE PENSION BOARD
MINUTES OF SPECIAL MEETING
MAY 17, 2023
PAGE 2
questions about the recommended Order, she asked that the attorneys comment if they
have anything that they would like to add. Mr. Brantley stated that he has nothing to add,
that he understands the recommended Order. Mr. Daragjati commented that he had
nothing to add except to say that it is an unfortunate case. He recommended that the
Board adopt the recommended Order.
Ms. Jensen stated that the parties did have an opportunity to file exceptions, and neither
party filed exceptions. We are thus ready for a motion. A motion accepting the
recommendation of the Administrative Law Judge based on the findings of fact and
conclusions of law and that the Police Pension Board of the City of Sebastian submit the
final Order determining that William Grimmich forfeited all rights and benefits of the City
of Sebastian Police Pension system except for any accumulated contributions when he
was convicted of the specified offenses was made by Mr. Puscher, seconded by
Chairman Wood, and approved unanimously via voice vote.
Ms. Jensen asked that the Board make a motion that the Board begin the process of
distributing accumulated contributions to Ireland Grimmich and her brother. She stated
that to her knowledge Jack's mother is not yet a guardian for Jack, and in order for the
Pension Board to pay that money she will need to become a guardian through the court.
Mr. Puscher asked if there could be a trust created. Ms. Jensen explained that that was
not an option.
Mr. Brantley stated that he was of the opinion that Ireland was the sole beneficiary. Ms.
Jensen stated that Ireland has a brother who is also a contingent beneficiary. However,
they did not challenge the Order.
Mr. Puscher asked what the options for Jack are. Ms. Jensen said that her firm will let
Jack's mother know that she needs to become the guardian for Jack
A motion distributing the beneficiaries' accumulated distribution up to when William
Grimmich committed the offense was made by Ms. Ring, seconded by Mr. Puscher, and
approved unanimously via voice vote.
At this time Mr. Brantley and Mr. Daragjati left the meeting.
V. Legal Updates -- Klausner, Kaufman, Jensen & Levinson
Ms. Jensen stated that there has been a bill passed during the legislative session that will
not change how the Pension Board invests its money, but it provides that only pecuniary
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MINUTES OF SPECIAL MEETING
MAY 17, 2023
PAGE 3
factors will be considered when the Pension Board is deciding how to invest its money.
It specifically disallows social, political and ideological reasons for investments. She
added that there is a requirement that a report has to be filed by December 15'h which
has to be comprehensive and detailed, and she suggested the process for that report
being filed. There was some discussion by Mr. Puscher and Ms. Jensen on this matter.
Ms. Jensen said that she is hoping for some more direction coming down this summer,
and her firm will draft a report when there is more information available.
Mr. Kiilgore said that the Pension Board will have to amend its investment policy
sometime in the future.
Ms. Jensen reminded everyone about the report that must be filed by July 1.
VI. Plan Administrator Reports -- None
VII. Next Scheduled Quarterly Meetina: June 8. 2023
Vill. Adiournment
There being no further business, Chairman Wood adjourned the meeting at 5:21 p.m.
By: cc� !! L h r' Date: to I23 I23
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