MEETING NUMBER 2931 JOURNAL OF PROCEEDINGS OF THE BOARD OF TRUSTEES OF THE POLICE AND FIRE RETIREMENT SYSTEM OF THE CITY OF DETROIT

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1 MEETING 2931 JOURNAL OF PROCEEDINGS OF THE BOARD OF TRUSTEES OF THE POLICE AND FIRE RETIREMENT SYSTEM OF THE CITY OF DETROIT PROCEEDINGS HELD THURSDAY, APRIL 18, :00 A.M. IN THE CONFERENCE ROOM OF THE RETIREMENT SYSTEMS 910 COLEMAN A. YOUNG MUNICIPAL CENTER DETROIT, MICHIGAN PRESENT Mark Diaz James Edwards Matthew Gnatek Angela R. James Edsel Jenkins Cheryl R. Johnson Brenda Jones James Moore Medina Noor George Orzech Jeffrey Pegg Lamont D. Satchel Michael Simon Louis Sinagra Tanya Stoudemire Cynthia A. Thomas David Cetlinski Ryan C. Bigelow Janet S. Lenear TaKneisha Johnson Joe Turner Reginald O Neal Elected Trustee Ex/Officio Trustee/Alternate for Corporation Counsel Elected Trustee/Chairman Ex/Officio Retirant Trustee (Police) (Mayoral Designee) Ex/Officio Retirant Trustee (Fire) (Mayoral Designee) Ex/Officio Trustee/Treasurer Ex/Officio Trustee/City Council Representative Elected Trustee Ex/Officio Trustee/Alternate for Budget Director Elected Trustee/Vice Chairman Elected Trustee Ex/Officio Trustee/Alternate for Mayor Elected Retirant Trustee Elected Retirant Trustee Ex/Officio Trustee/Alternate for Finance Director Executive Director Assistant Executive Director Investment Officer Recording Secretary Recording Secretary Special Legal Counsel & Interim General Counsel Medical Director ECUSED Sean P. Neary Elected Trustee ABSENT None

2 CHAIRPERSON Matthew Gnatek VICE CHAIRPERSON George Orzech CHAIRMAN GNATEK TOOK A VERBAL ROLL CALL AT 9:05 A.M. AND CALLED THE MEETING TO ORDER. APRIL 18, 2013 AGENDA BY TRUSTEE SIMON SUPPORTED BY TRUSTEE PEGG RESOLVED, THAT THE AGENDA OF APRIL 18, 2013 BE APPROVED AS PREPARED AND SUBMITTED BY THE BOARD S RECORDING SECRETARY, SUBJECT TO DISCUSSION REGARDING RETIREMENT SYSTEM ALTERNATIVE OFFICE SPACE BEING MOVED FROM 10:30 A.M. TO 10:00 A.M. AND GENERAL COUNSEL DISCUSSION BEING MOVED FROM 11:30 A.M. TO 11:00 A.M.: YEAS TRUSTEES DIAZ, EDWARDS, JENKINS, JOHNSON, MOORE, ORZECH, PEGG, SIMON, SINAGRA AND CHAIRMAN GNATEK 10 NAYS NONE INVESTMENT OFFICER RYAN BIGELOW ENTERED THE MEETING AT 9:07 A.M. SPECIAL LEGAL COUNSEL JOE TURNER ENTERED THE MEETING AT 9:08 A.M. TRUSTEE LAMONT SATCHEL ENTERED THE MEETING AT 9:10 A.M. MEDICAL DIRECTOR Dr. O NEAL ENTERED THE MEETING AT 9:11 A.M. 2

3 CLOSED SESSION BY TRUSTEE PEGG SUPPORTED BY TRUSTEE ORZECH, THE BOARD S MEDICAL DIRECTOR IS NOW BEFORE THE BOARD OF TRUSTEES OF THE TO DISCUSS THE MEDICAL AND PSYCHIATRIC REPORTS OF INDIVIDUALS WHO HAVE APPLIED FOR DISABILITY RETIREMENT AND THE MEDICAL AND PSYCHIATRIC REPORTS OF INDIVIDUALS WHO HAVE RECEIVED RE-EAMINATIONS, AND, THE MICHIGAN OPEN MEETINGS ACT PROVIDES FOR CLOSED SESSIONS IN CERTAIN CIRCUMSTANCES, INCLUDING THE FOREGOING MATTERS, AND, THE BOARD HAS DISCUSSED THIS MATTER CONSISTENT WITH THE MICHIGAN OPEN MEETINGS ACT, THEREFORE BE IT, THAT THE BOARD ENTER INTO CLOSED SESSION CONSISTENT WITH THE MICHIGAN OPEN MEETINGS ACT: A Roll Call vote was taken as follows: Yeas Trustees Diaz, Edwards, Jenkins, Johnson, Moore, Orzech, Pegg, Satchel, Simon, Sinagra and Chairman Gnatek 11 Nays None The Board entered into Closed Session at 9:12 A.M. TRUSTEE TANYA STOUDEMIRE ENTERED THE MEETING AT 9:13 A.M. TRUSTEE MEDINA NOOR ENTERED THE MEETING AT 9:18 A.M. TRUSTEE ANGELA JAMES ENTERED THE MEETING AT 9:45 A.M. OPEN SESSION BY TRUSTEE DIAZ SUPPORTED BY TRUSTEE PEGG Resolved, that the Board return to Open Session: A Roll Call vote was taken as follows: Yeas Trustees Diaz, Edwards, James, Jenkins, Johnson, Moore, Noor, Orzech, Pegg, Satchel, Simon, Nays None The Board returned to Open Session at 9:50 A.M. TRUSTEE BRENDA JONES ENTERED THE MEETING AT 9:50 A.M. 3

4 Initial Exams EMPLOYEE INFORMATION APPROVE DENY APPEAL TABLE CRAIG BROWN FIRE FIGHTER FIRE BACK RELATED x CRAIG BROWN- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, CRAIG BROWN, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. BROWNS APPLICATION FOR DISABILITY RETIREMENT: EMPLOYEE INFORMATION APPROVE DENY APPEAL TABLE DARRYL BROWN FIRE FIGHTER DRIVER FIRE RIGHT SHOULDER RELATED DARRYL BROWN- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, DARRYL BROWN, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. BROWNS APPLICATION FOR DISABILITY RETIREMENT: Abstention: Trustee Jones-1 4

5 EMPLOYEE INFORMATION NICHELLE BROWN POLICE OFFICER POLICE LEFT SHOULDER AND NECK RELATED APPROVE DENY APPEAL TABLE NICHELLE BROWN- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, NICHELLE BROWN, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MS. BROWNS APPLICATION FOR DISABILITY RETIREMENT: EMPLOYEE INFORMATION APPROVE DENY APPEAL TABLE DANIEL CHAPP SERGEANT FIRE BACK RELATED DANIEL CHAPP- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, DANIEL CHAPP, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. CHAPPS APPLICATION FOR DISABILITY RETIREMENT: 5

6 EMPLOYEE INFORMATION APPROVE DENY APPEAL TABLE RONALD GRIFFIN POLICE OFFICER POLICE RIGHT KNEE RELATED RONALD GRIFFIN- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, RONALD GRIFFIN, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. GRIFFINS APPLICATION FOR DISABILITY RETIREMENT: EMPLOYEE INFORMATION WILLIAM HALL FIRE FIGHTER FIRE SPINE RELATED APPROVE DENY APPEAL TABLE WILLIAM HALL- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, WILLIAM HALL, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. HALLS APPLICATION FOR DISABILITY RETIREMENT: 6

7 EMPLOYEE INFORMATION APPROVE DENY APPEAL TABLE CHARLES INMAN FIRE FIGHTER DRIVER FIRE LEFT KNEE RELATED CHARLES INMAN- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, CHARLES INMAN, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. INMANS APPLICATION FOR DISABILITY RETIREMENT: EMPLOYEE INFORMATION APPROVE DENY APPEAL TABLE STEVEN KOPP POLICE OFFICER POLICE POST TRAUMATIC STRESS DISORDER RELATED x STEVEN KOPP- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, STEVEN KOPP, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. KOPPS APPLICATION FOR DISABILITY RETIREMENT: 7

8 EMPLOYEE INFORMATION CLIFFORD LEE POLICE OFFICER POLICE RIGHT PELVIC BONE (HIP) AND LEG RELATED APPROVE DENY APPEAL TABLE CLIFFORD LEE- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, CLIFFORD LEE, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. LEES APPLICATION FOR DISABILITY RETIREMENT: EMPLOYEE INFORMATION APPROVE DENY APPEAL TABLE JAMES WASHINGTON FIRE FIGHTER FIRE RIGHT KNEE RELATED JAMES WASHINGTON- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, JAMES WASHINGTON, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. WASHINGTONS APPLICATION FOR DISABILITY RETIREMENT: Sinagra, Stoudemire and Chairman Gnatek 14 8

9 EMPLOYEE INFORMATION APPROVE DENY APPEAL TABLE JEFFREY ZEIGLER SERGEANT FIRE BACK, NECK, HIP RELATED JEFFREY ZEIGLER- Pension Number RESOLVED, THAT THE BOARD ACCEPT THE REPORT AND OF ITS MEDICAL DIRECTOR REGARDING, JEFFREY ZEIGLER, AND BE IT FURTHER RESOLVED, THAT BASED UPON THE BOARD S, THE BOARD HEREBY APPROVES MR. ZEIGLERS APPLICATION FOR DISABILITY RETIREMENT: Sinagra, Stoudemire and Chairman Gnatek 14 9

10 POLICE AND FIRE ANNUAL RE-EAMINATIONS By Trustee Pegg- Supported by Trustee Simon RESOLVED, THAT IN ACCORDANCE WITH THE OF THE BOARD S MEDICAL DIRECTOR, THE DIRECTIVES WHICH ARE REFERENCED BELOW BE FOLLOWED: RE-EAMINATIONS RE-EAM CONTINUE ON DISABILITY RETIREMENT PAYROLLS WITH NET RE- EAM IN 1 YEAR CONTINUE ON DISABILITY RETIREMENT PAYROLLS WITH NO FURTHER RE-EAMS BEING NECESSARY CONTINUE ON DISABILITY RETIREMENT PAYROLLS AND RECEIVE NET RE-EAM AT MEDICAL DIRECTOR S OFFICE DERWIN A. LENARD FIRE DISABILITY 1ST ANNE M. MOTT POLICE DISABILITY 2ND PAUL R. PATTERSON FIRE DISABILITY 1 ST RETURN TO WORK REQUEST SIDNEY TAYLOR III POLICE DISABILITY 2ND Not reported on this date Return Mr. Patterson to work and remove his name from the system s disability retirement payrolls as of the date he returns to work. RECESS THE BOARD RECESSED FOR BREAK AT 9:52 A.M. CHAIRMAN GNATEK RE-CONVENED THE MEETING AT 10:06 A.M. 10

11 RETIREMENT APPLICATIONS BY TRUSTEE ORZECH SUPPORTED BY TRUSTEE PEGG RESOLVED, THAT THE RETIREMENT APPLICATIONS WHICH ARE DESIGNATED BELOW BE APPROVED: RETIREMENT APPLICATION,, DEPT., RETIREMENT, : CEDRIC TINSLEY BAT FIRE CHIEF F SERVICE - SERVICE CREDIT, EFFECTIVE DATE: YEAS TRUSTEES DIAZ, EDWARDS, JAMES, JENKINS, JOHNSON, JONES, MOORE, NOOR, ORZECH, PEGG, SATCHEL, SIMON, SINAGRA, STOUDEMIRE AND CHAIRMAN, GNATEK 15 NAYS NONE 11

12 CONFIRMATIONS BY TRUSTEE DIAZ SUPPORTED BY TRUSTEE ORZECH RESOLVED, THAT THE RECEIPTS AND DISBURSEMENTS WHICH ARE OUTLINED BELOW BE CONFIRMED: YEAS TRUSTEES DIAZ, EDWARDS, JAMES, JENKINS, JOHNSON, JONES, MOORE, NOOR, ORZECH, PEGG, SATCHEL, SIMON, SINAGRA, STOUDEMIRE AND CHAIRMAN, GNATEK 15 NAYS NONE 12

13 REFUNDS OF ACCUMULATED CONTRIBUTIONS BY TRUSTEE DIAZ SUPPORTED BY TRUSTEE ORZECH RESOLVED, THAT THE CONTRIBUTIONS TO THE ANNUITY SAVINGS FUND BY MEMBERS OF THE, AS SET FORTH ON LIST #3485, IN THE AMOUNT OF $876,430.30, INCLUDING INTEREST, BE REFUNDED PENDING AUDIT BY RETIREMENT SYSTEM ACCOUNTING STAFF: YEAS TRUSTEES DIAZ, EDWARDS, JAMES, JENKINS, JOHNSON, JONES, MOORE, NOOR, ORZECH, PEGG, SATCHEL, SIMON, SINAGRA, STOUDEMIRE AND CHAIRMAN, GNATEK 15 NAYS NONE 13

14 FEES AND EPENSES BY TRUSTEE PEGG SUPPORTED BY TRUSTEE DIAZ WHEREAS, THE BOARD HAS BEEN PRESENTED WITH THE SUMMARY OF FEES AND EPENSES WHICH ARE REFERENCED BELOW, AND WHEREAS, THE BOARD HAS BEEN REQUESTED TO APPROVE PAYMENT OF SAID FEES AND EPENSES, THEREFORE BE IT RESOLVED, THAT SUBJECT TO FINAL APPROVAL OF ALL TRANSACTION DOCUMENTS BY THE BOARD S INTERIM GENERAL COUNSEL AND SUBJECT TO STAFF AUDIT, THE BOARD APPROVES PAYMENT OF SAID FEES AND EPENSES: YEAS TRUSTEES DIAZ, EDWARDS, JAMES, JENKINS, JOHNSON, JONES, MOORE, NOOR, ORZECH, PEGG, SATCHEL, SIMON, SINAGRA, STOUDEMIRE AND CHAIRMAN, GNATEK 15 NAYS NONE 14

15 TRUSTEE MEDINA NOOR LEFT THE MEETING AT 10:16 A.M. TRUSTEE CHERYL JOHNSON LEFT THE MEETING AT 10:16 A.M. ASSISTANT EECUTIVE DIRECTOR S REPORTS ASSISTANT EECUTIVE DIRECTOR DAVID CETLINSKI DISCUSSED THE FOLLOWING MATTERS WITH THE BOARD: PRE-EMPLOYMENT MILITARY SERVICE CREDIT APPLICATION OF ROBERT C. DEMERS PENSION NO BY Trustee Diaz Supported by Trustee Moore Whereas, Robert C. Demers has applied to this Board for Pre-Employment Military Service Credit and has complied with all of the necessary requirements of Section b of the Charter Provisions, as amended by Board resolution of February 3, 1983, Therefore Be It Resolved, that payment of the full amounts be made to the Pension Accumulation Fund by the method selected by Mr. Demers and the number of months eligible active duty be credited him as membership service credit subject to the conditions and limitations of the authorizing ordinance provisions as amended by Board resolution of February 3, 1983: YEAS- Trustees Diaz, Edwards, James, Jenkins, Jones, Moore, Orzech, Pegg, Satchel, Simon, Sinagra, Stoudemire, and Chairman Gnatek - 13 NAYS- None PRE-EMPLOYMENT MILITARY SERVICE CREDIT APPLICATION OF JOSEPH L MATOS PENSION NO BY Trustee Diaz Supported by Trustee Moore Whereas, Joseph L. Matos has applied to this Board for Pre-Employment Military Service Credit and has complied with all of the necessary requirements of Section b of the Charter Provisions, as amended by Board resolution of February 3, 1983, Therefore Be It Resolved, that payment of the full amounts be made to the Pension Accumulation Fund by the method selected by Mr. Matos and the number of months eligible active duty be credited him as membership service credit subject to the conditions and limitations of the authorizing ordinance provisions as amended by Board resolution of February 3, 1983: YEAS- Trustees Diaz, Edwards, James, Jenkins, Jones, Moore, Orzech, Pegg, Satchel, Simon, Sinagra, Stoudemire, and Chairman Gnatek - 13 NAYS- None TRUSTEE CHERYL JOHNSON RETURNED TO THE MEETING AT 10:19 A.M. 15

16 AMERICAN REALTY ADVISORS/PROPERTY DISPOSITION By Trustee Orzech Supported by Trustee Pegg Whereas, the Board s real estate investment advisor, American Realty Advisors ( American ), presented to the Board on April 4, 2013 recommendations to proceed with the disposition of the following properties ( Recommendations ): 1. Patrick Commerce Center, a 223,009 square foot industrial property located in Las Vegas, Nevada 2. St. Andrews, a 65,271 square foot retail property located in Port St. Lucie, Florida 3. Vista Industrial Center, a 168,013 square foot industrial property, and a 1.43 acre parcel of land located in Vista, California 4. Crossroads Corporate Center Land Parcels, six unimproved land parcels totaling acres of land located in Cary, North Carolina; and, Whereas, the attached Recommendations were submitted to the Board s real estate consultant, Courtland Partners ( Courtland ), for review and recommendation; and, Whereas, in accordance with the Real Estate Investment Advisory Agreement by and between the Retirement System and American Realty Advisors, dated May 14, 2012 ( REIAA ), American Realty Advisors does not have authority to execute any purchase and sale agreement on behalf of the Retirement System; and, Whereas, Courtland Partners has presented the Board with a communication wherein Courtland recommends that the Board approve the Recommendations, therefore be it Resolved, that subject to the Board s receipt of Courtland s written recommendation, the Recommendations to proceed with the disposition of the above-referenced properties are approved, and be it further Resolved, that pursuant to the terms of the REIAA, American Realty Advisors will submit to the Retirement System any purchase and sale agreement for approval and execution by the Retirement System, and be it further Resolved, that a copy of this resolution be forwarded to American Realty Advisors and Courtland Partners. Yeas Trustees Diaz, Edwards, James, Jenkins, Johnson, Jones, Moore, Orzech, Pegg, Satchel, Simon, Nays None 16

17 SPECIAL LEGAL COUNSEL S REPORTS SPECIAL LEGAL COUNSEL JOE TURNER PROVIDED THE BOARD WITH A STATUS UPDATE, RE: THE FOLLOWING MATTERS: MATTERS DISCUSSED FOIA 1. Letter to Joe Guillen of the Detroit Free Press dated April 11, Letter to Michael Scarpace dated April 12, Letter from Michael Scarpace dated April 12, MGRA 4. Defendant Blair D. Ackerman s Response to Plaintiff s first set of Interrogatories and Requests for Production of Documents filed on April 16, Plaintiff s Responses and Objections to Defendant Alicia M. Diaz s first set of requests to admit filed on April 16, Alternative Office Space Discussion Trustee Noor in at 10:59 a.m. TRUSTEE PEGG MADE A MOTION (WHICH WAS SUPPORTED BY TRUSTEE DIAZ) TO HAVE AMERICAN REALTY ADVISORS ASCERTAIN WHETHER IT WOULD BE FINANCIALLY PRUDENT FOR THE BOARD TO MOVE TO ONE DETROIT CENTER OR REMAIN HOUSED IN THE COLEMAN A. YOUNG MUNICIPAL CENTER. FOLLOWING FURTHER DISCUSSION OF THIS MATTER, HOWEVER, HE WITHDREW HIS MOTION. Trustee Johnson requested to go on record to say that she will not be privy to a vote on this matter until all options have been explored. Trustee Simon out at 11:37 a.m.; returned at 11:42 a.m. Trustee Satchel out at 11:40 a.m. Trustee Pegg out at 11:47 a.m.; returned at 11:50 a.m. RECESS THE BOARD RECESSED FOR LUNCH AT 11:50 A.M. AND TRUSTEES ORZECH AND SATCHEL ECUSED THEMSELVES. CHAIRMAN GNATEK RE-CONVENED THE MEETING AT 12:55 P.M. 17

18 CLARK-JENSEN POP-UP APPLICATIONS The Board of Trustees decided to bring the Clark/Jensen Pop-Up Applications back for next week s Board Meeting (4/25/2013) when there is sufficient information delivered to the Trustees to make a decision regarding approval. PROCUREMENT POLICIES TRUSTEE NOOR MADE A MOTION (WHICH WAS SUPPORTED BY TRUSTEE JENKINS) TO HAVE A PROCUREMENT POLICY PREPARED THAT WILL STAND IN PLACE FOR INSTANCES WHEN THE BOARD DECIDES TO HIRE FIRMS AND INDIVIDUALS TO PROVIDE GOODS AND SERVICES ON THE BOARDS BEHALF. FOLLOWING FURTHER DISCUSSION OF THIS MATTER, HOWEVER, SHE WITHDREW HER MOTION, AS IT WAS DECIDED THAT HER REQUEST COULD BE EFFECTUATED AT THE CHAIR S DIRECTION. INTERIM GENERAL COUNSEL JOE TURNER WILL INTERACT WITH THE GENERAL BOARDS ATTORNEY MICHAEL VANOVERBEKE ON BOARD POLICIES. Trustee Satchel in at 1: 29 p.m. Police and Fire Staff Committee established with the following Trustees: Trustee Johnson, Trustee Neary, and Trustee Pegg. 18

19 OPEN FORUM AT 3:13 P.M., CHAIRMAN GNATEK DECLARED THE MEETING IN OPEN FORUM FOR GENERAL DISCUSSION BY THE PUBLIC ATTENDING THE MEETING: ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, CHAIRMAN GNATEK ADJOURNED THE MEETING AT 1:38 P.M. UNTIL THURSDAY, APRIL 25, 2013, AT 9:00 A.M., IN ROOM 910 OF THE COLEMAN A. YOUNG MUNICIPAL CENTER, DETROIT, MICHIGAN RESPECTFULLY SUBMITTED, DAVID CETLINSKI, ASSISTANT EECUTIVE DIRECTOR 19