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Meeting Minutes Public Safety Police Personnel Retirement Board Regular Meeting January 8, 2025 | 9:00 a.m. Council Chambers Conference Room 88 E Chicago St., Chandler, AZ Call to Order The meeting was called to order by Chairperson Turner at 9:02 a.m. Roll Call Board Attendance Staff Attendance Chairperson Steven Turner Rae Lynn Nielsen, HR Director Citizen Member Valerie Remington Nichole Bombard, Medical Leave Coord. Police Member Elect Ariel Werther Destinee Martinez Peru, Medical Leave Coord Police Member Elect Cassandra Ynclan Others Present Andrew Apodaca, Board Attorney Absent Citizen Member Bill Crawford Scheduled and Unscheduled Public Appearances Consent Agenda and Discussion 1. Regular Meeting Minutes of Wednesday, December 4, 2024 Consent Agenda Motion and Vote Police Member Elect Werther moved to approve the meeting minutes of the Chandler Local Police Public Safety Personnel Retirement Board Regular Meeting on December 4, 2024; Seconded by Police Member Elect Ynclan. Motion carried unanimously (4-0). Executive Session - Pursuant to A.R.S. Section 38-431.03 (A), the Chandler Local Police Public Safety Personnel Retirement Board may vote to convene in executive session to discuss or consider confidential records exempt by law from public inspection, and/or to consult with the Board’s attorney for legal advice and to consider the Board’s position and to instruct the Board’s Page of 2 4 attorney regarding its position on the following items. The Board will take action on those items in open session. Action Agenda Item No. 2 and Discussion 2. Application for Accidental Disability Hancock Consideration, Discussion, and Appropriate Action regarding the Application for an Accidental Disability for Shawn Hancock. Shawn and his attorney attended the meeting remotely. Executive Session – Police Member Elect Werther made the motion to end the Open Session and to move into Executive Session; Police Member Elect Ynclan seconded the motion, and the vote was unanimous to end the Open Session and move into Executive Session at 9:03 a.m. Open Session – Chairperson Turner asked for a motion to end the Executive Session and move into Open Session. Police Member Elect Ynclan made the motion to end the Executive Session and to move into Open Session; Police Member Elect Werther seconded the motion, and the vote was unanimous to end the Executive Session and move into Open Session at 9:55 a.m. Mr. Andrew Apodoca left the meeting at 9:55 a.m. Ms. Judith Abramsohn explained her motions request to the Board. She has requested to depose the Independent Medical Exam physician to receive more information including the doctor’s CV and the testing results he performed with the applicant. The second motion was a request for continuance as she was unable to prepare for the meeting today due to the holidays being in the middle of the week. Ms. Abramsohn continues to take issue with how the board has handled the disability application because it hasn’t been normal per the board manual and what documentation is eligible to be sent to the IME doctor. Action Agenda Item No. 2 Motion and Vote Police Member Elect Werther moved to deny both motions presented by Ms. Abramsohn. The IME report is through and clear and provides a sufficient basis for making a decision on the matter. The request for continuance was based on the claim that a hearing should be rescheduled until a reasonable time after the deposition of Dr. Kirkorsky and to prepare for his cross examination at the hearing as well as to fully understand and interpret his forensic evaluation of the applicant. It is unclear what cannot be fully understood without this process being undertaken. There is not a compelling reason to engage in a deposition of the IME doctor and cross examination. Police Member Elect Ynclan agrees with Police Member Elect Werther The motions that were presented, the request for a deposition of the doctor. Based on looking through the report she doesn’t see any glaring issues or any conflicts within the report. It appears to be thorough and to be based on his examinations and his experience. She thinks the request for a deposition or continuing for a hearing isn’t necessary so Ms. Abramsohn can prepare for a deposition, that the board isn’t willing to entertain. Citizen Member Remington also stated the report was clear and she does not see any other reason to go back to the doctor. Page of 3 4 Motion carried unanimously (4-0) Police Member Elect Werther moved to deny of the Application for an Accidental Disability for Shawn Hancock, based on the medical board opinion of Dr. Scott Kirkorsky, as set forth in the Independent Medical Exam report and PSPRS Questionnaire dated December 6, 2024. There was not sufficient valid or credible evidence to conclude that Mr. Hancock meets the criteria for the diagnosis on the application and there is no conflict in the medical evidence based on the review of the records and the evaluation performed by Dr. Kirkosky. Ms. Abramsohn raised again the application process has violated the public safety personnel retirement statutes and has denied her client due process under the law and equal protection under the law. She asked that the board to order a new IME with another doctor, or the board send a normal letter asking just for what the statute required, and only his medical records and no extraneous personnel matters. Chairperson Turner stated that the board is reliant upon independent medical examinations for all disability requests. This application was not different and Mr. Hancock has not been treated differently than any other applicant previously. Since he has been chair of the board, the board has maintained the standards and have abided by PSPRS rules and the board has spent extensive time with this application including an evidentiary hearing and rehearing and numerous discussions on this item both in executive sessions while receiving legal counsel, and also in the public settings. He feels the board has done overwhelmingly amount of due diligence to come to a decision. The motion was seconded by Police Member Elect Ynclan. Motion carried unanimously (4-0). Member Comments/Announcements Calendar 3. Next Meeting The next meeting will be held on Wednesday, February 5, 2025, at City Hall, Council Chambers Conference Room, 88 E. Chicago St., Chandler, AZ at 9:00 a.m. Informational Items 4. Board Reports a. Police Board DROP Report b. Police Board Billing Report c. PSPRS Police Board Action Reports Normal Retirements DROP Disability Retirements Military Leave Service Purchase 5. Member Updates Daniel McQuillin, Police Sergeant, Enter DROP December 28, 2024 Gary Pearsall, Police Officer, Enter DROP February 8, 2025 Cameron Jacobs, Police Officer, Exit DROP January 23, 2025 Page of 4 4 Charles Cote, Police Lieutenant, Exit DROP January 23, 2025 Stephen Dieu, Police Officer, Exit DROP January 31, 2025 Adjourn Chairperson Turner asked for a motion to adjourn. Police Member Elect Werther moved to adjourn the meeting; seconded by Police Member Elect Ynclan. The motion carried unanimously (4-0). The meeting was adjourned at 10:24 a.m. ______________________________ ______________________________ Nichole Bombard, Secretary Steve Turner, Chairperson