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HomeMy WebLinkAbout1993-05-13 FPB MINUTES'r FIREFIGHTERS PENSION BOARD MEETING May 13, 1993 A special meeting of the Englewood Firefighters Pension Board was called to order by Board Chairperson Chris Olson at 2:45 p .m . in the George Perrin Room of the Englewood Public Library, 3400 South Elati Street. Members Present: Members Absent: Others Present: Chris Olson, Chairperson Willis Resley , Council Appointee Mike Gruninger, Employee Representative (arrived at 2 :50 p .m.) Bill Young, Employee Representative (arrived at 2:50 p .m .) Clyde Wiggins, Mayor Lorraine Hayes, Director of Financial Services None Rick DeWitt, City Attorney Carol Wescoat, Recording Secretary A quorum was present. '* * * * * Approval of Minutes MAYOR WIGGINS MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 8, 1993. MR. RESLEY SECONDED. Ayes: Nays : Absent : The motion carried . NEW BUSINESS Olson, Young, Resley, Gruninger, Wiggins , Hayes None None Consideration of discontinuing 20% Supplemental Disability to Gary Decker. Chairperson Olson reviewed Gary Decker's 1992 tax return indicating an income from real estate sales for the year 1992 and referred to the section of code related to the 20% supplemental disability benefit. Therefore it appeared Mr. Decker was no longer eligible for the benefit. Mr. DeWitt explained the appropriate board action would be to allow Mr. Decker to show cause that the benefit should not be discontinued. Mr. Gruninger asked whether written procedures exist to guide the board in taking action toward discontinuing the benefit. Mr. DeWitt replied that the Municipal Code guides the board. MS . HAYES MOVED TO NOTIFY GARY DECKER THAT BASED ON HIS 1992 TAX RETURNS IT APPEARS HE IS IN THE BUSINESS OF SELLING REAL EST ATE. THEREFORE, BASED ON THE CITY OF ENGLEWOOD MUNICIPAL CODE 3-8-13-C-2, PAYMENT OF THE 20% SUPPLEMENTAL DISABILITY BENEFIT SHOULD CEASE. THE FIREFIGHTERS PENSION BOARD BELIEVES HE IS NO LONGER ELIGIBLE AND HE HAS THE OPPORTUNITY TO REPLY FORMALLY TO THE BOARD WITHIN 30 DAYS IF THE BOARD'S JUDGMENT IS IN ERROR. MAYOR WIGGINS SECONDED . Mr. Bill Young stated the paragraph referred to ends with "and," and therefore the meaning continues to the next paragraph . He feels on that basis that the board should deduct $1,691 from Decker and not stop the benefit. Mr. DeWitt referred to the section of ordinance that states such payment of benefit shall cease should it be subsequently determined that by reason or re-training, .improvement in condition or for any other reason, the firefighter is no longer permanently disabled from performing the duties of any occupation for which he is qualified . Mr. DeWitt stated that since Mr. Decker has a real estate license, he has been re-trained and is qualified to perform the occupation of a real estate sales person ; whether he performs the function or not is immaterial. The section of code referring to deduction of an amount equal to earned income means that the board may go back and charge Mr. Decker for back income. Mr. Young stated the back income would be $1,691. Mr. DeWitt restated that Mr. Decker may have to pay that back to the City . Further discussion clarified whether the amount is income. Chairperson Olson presented the options as ceasing payment of benefit, offsetting some of the income and keeping him on the disability benefit, or just ignoring it completely. MR. GRUNINGER MOVED TO AMEND THE MOTION TO GIVE MR. DECKER SIXTY (60) DAYS TO FORMALLY REPLY. MR. YOUNG SECONDED. Ayes : Nays: Absent: Olson, Young, Resley, Gruninger, Wiggins, Hayes None None CHAIRPERSON OLSON CALLED FOR A VOTE ON THE MOTION AS AMENDED TO NOTIFY GARY DECKER BASED ON HIS 1992 TAX RETURNS IT APPEARS HE IS IN THE BUSINESS OF SELLING REAL ESTATE . THEREFORE, BASED ON THE CITY OF ENGLEWOOD MUNICIPAL CODE 3-8-13-C-2, PAYMENT OF THE 20% SUPPLEMENT AL DISABILITY BENEFIT SHOULD CEASE . THE FIREFIGHTERS PENSION BOARD BELIEVES HE IS NO LONGER ELIGIBLE 2 .,.. AND HE HAS THE OPPORTUNITY TO REPLY FORMALLY TO THE BOARD WITHIN SIXTY (60) DAYS IF THE BOARD'S nJDGMENT IS IN ERROR. Ayes : Nays : Absent: The motion carried . Resley, Hayes , Olson, Wiggins Young, Gruninger None MEMBERS CHOICE Mr. Young requested that all board members be copied on letters sent out by the chair or administrator . Ms . Hayes agreed to provide copies of correspondence to all Board members . Mr. DeWitt commented that the board members had not requested such information in the past. Sheridan Volunteer Firefighters Settlement Ms . Hayes acknowledged receipt of a copy of the letter to Mr. Gruninger from Robert Horton, Attorney at Law. Mr. DeWitt presented copies of the letter and of his response to the Board. Mr. DeWitt reviewed his letter, which responded to errors in Mr. Horton's letter Mr. Gruninger requested a special meeting to discuss the issue . Discussion ensued relating to dissolution of fire departments and the assets of such fire departments . Ms . Hayes disagreed that another meeting was necessary, because the Board had reviewed the issue comprehensively and had already t a ken two votes to proceed with the settlement. In Mr . De Witt's opinion , the prior vote was appropriate and legal. MS . HA YES MOVED TO NOTIFY CITY COUNCIL THAT THE FIREFIGHTERS PENSION BOARD IS IN FAVOR OF THE ORIGINAL RECOMMENDATION. MAYOR WIGGINS SECONDED . Clarifying discussion of the amount of assets to be transferred ensued . Ayes : Nays : Absent: The motion carried. Resley, Hayes , Olson, Wiggins Young, Gruninger None 3 MS . HA YES MOVED TO ADJOURN. MAYOR WIGGINS SECONDED. Ayes: Nays : Absent: The motion carried. Resley, Hayes, Olson, Wiggins , Young, Gruninger None None Meeting adjourned at 3 :20 p .m. Carol Wesc Recording ecretary 4