HomeMy WebLinkAbout05-02-2018 Disability Hearing MinutesTHE CITY OF OCOEE POLICE OFFICERS'/FIREFIGHTERS'
RETIREMENT FUND BOARD SPECIAL MEETING
STEPHANIE RODRIGUEZ DISABILITY HEARING
May 2, 2018
Chairman Brown called the special meeting of the City of Ocoee Police Officers'/Firefighters' Retirement
Trust Fund to order at 3:00 p.m. in the Commission Chambers of City Hall.
PRESENT: Chairman Charles Brown, William Maxwell, Joe Moy, Trey Littlefield
Others present: Tim Nash of AndCo Consulting, Lee Delmer Board Attorney, Pete Prior of Benefits
USA. Inc.
ABSENT and EXCUSED: Bryan Pace
CALL TO ORDER —
Roll call and determination of quorum. The roll was called and a quorum declared present.
NEW BUSINESS
Stephanie Rodriquez Disability Hearing
Attorney Delmer addressed the board regarding the legal standards for the Plan for consideration of the
initial hearing noting that #1 the decision must be supported by substantial and competent evidence, #2
they must comply with the central requirements of the law with regards to the Pension Ordinance which
allows the Board to review the information before them and #3 they must provide the due process to the
Claimant which has already been done and continued to do.
Attorney Delmer noted an application for the initial hearing was filed by Ms. Rodriquez for the Board's
review. The disability is designed as an informal discussion format in which the Board can review and
discuss the documentation. Mr. Delmer said that based on the Disability provisions of the Pension
Ordinance and in this case there is a threshold issue as to whether or not she is eligible to apply for a
disability and based on the documentation she was originally terminated for not medical reasons. Once
they get past this issue, they can consider whether or not she is totally and permanently disabled to
perform the duties of a police officer and whether it was a duty or not duty related. Mr. Delmer said that
Ms. Rodriguez will have the opportunity to address the Board. Mr. Delmer noted that if the Board does
not rule in her favor, she will have the opportunity to ask the Board for a full hearing in which she will
have to provide additional information. Chairman Brown asked if there were any other questions before
the applicant addresses the board.
Ms. Rodriquez addressed the board regarding her disability due to a shooting on February 16, 2016. The
applicant states she is suffering from PTSD and documented by her doctor. The applicant explained her
position that she was terminated for medical reasons but was hired for one day to apply and then
terminated. After a lengthy discussion it was determined that the first item to consider is whether or not
the applicant is eligible to submit an application. Trustee Moy wanted to review the dates before making
the determination. It was noted that Aug 12, 2016 was the first termination of the applicant. Trustee Moy
moved not to accept the application as Ms. Rodriguez filed for the disability after the date of termination.
Trustee Maxwell seconded the motion. Hearing and seeing no further discussion the motion passed.
Attorney Dehner said the applicant can now solicit the board for a full hearing at which time she must
provide additional information. Chairman Brown noted the applicant has 90 days to provide the board any
additional information on her behalf for a full hearing. Hearing and seeing no additional comments the
Chairman adjourned the meeting at 3:43 pm.
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Respectfully submi
r
Chairman
Contact the City Clerk's Office to listen to an electronic copy of the complete minutes.
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