Minutes - 09/18/2007 - Police Pension Fund BoardMINUTES OF THE SEPTEMBER 18, 2007 SPECIAL
MEETING OF THE BOARD OF TRUSTEES OF THE
OAK BROOK POLICE PENSION FUND APPROVED AS
WRITTEN OR AMENDED ON OCTOBER 24, 2007
I. CALL TO ORDER
The Special Meeting of the Board of Trustees of the Oak Brook Police Pension
Fund was called to order by President Birdsall at 7:11 p.m. in the Upper Level
Conference Room of the Butler Government Center, 1200 Oak Brook Road,
Oak Brook, IL.
2. ROLL CALL
President Birdsall called the roll with the following persons
PRESENT: President Robert Birdsall, Vice President Michael Hall, Secretary
Alan Feldman, Trustees Richard Badowski and Susan
Templeton.
ABSENT: None.
IN ATTENDANCE: Richard J. Reimer, Board Attorney; Anthony Argeros,
Applicant's Attorney, Applicant Donald Malec and a court
reporter.
It is noted for the record that a court reporter transcribed the entire Disability
Hearing which will be located in the applicant's files.
3. DISABILITY HEARING
a. Disability Application of Donald Malec
President Birdsall requested a motion to appoint Attorney Reimer as the
hearing officer in the disability hearing of Donald Malec.
Motion by Vice President Hall, seconded by Secretary Feldman, to appoint
Attorney Richard Reimer as the hearing officer in the disability hearing of
Officer Donald Malec. ROLL CALL VOTE:
Ayes: 5 - President Birdsall, Vice President Hall, Secretary Feldman,
Trustees Badowski and Templeton.
Nayes: 0 - None.
Absent: 0 - None. Motion carried.
The Board reviewed the medical examinations of the three INSPE appointed
physicians. They discussed the matter that two of the three physicians ruled
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that Officer Malec's injury is a line of duty disability. Attorney Reimer
explained that the Board may rule on the totality of the evidence presented
since not all three physicians concurred that Officer Malec has a duty related
disability. The Board received one of Officer Malec's physicians, Dr.
Lorenz's, evaluation who ruled that he has a line of duty disability that may
be considered by the Board.
President Birdsall indicated there are three physician certificates granting a
duty related disability but that not all physicians have to agree but rather the
Board of Trustees may rule on the totality of evidence presented. Attorney
Reimer explained that the Board may meet the medical threshold by placing
greater weight on Dr. Lorenz's findings rather than Dr. Lichter.
Motion by Trustee Templeton, seconded by Vice President Hall, to award a
line of duty disability to Officer Donald Malec effective September 19, 2007.
ROLL CALL VOTE:
Ayes: 5 - President Birdsall, Vice President Hall, Secretary Feldman,
Trustees Badowski and Templeton.
Nayes: 0 - None.
Absent: 0 - None. Motion carried.
ADJOURN- TO A CLOSED MEETING TO DISCUSS EVIDENCE
PRESENTED IN THE DISABILITY HEARING
The Board voted for a line of duty disability in the open session of the disability
hearing and did not enter into a closed meeting.
ADJOURN TO THE DISABILITY HEARING FOR POSSIBLE
DELIBERATION
The Board did not enter into a closed meeting but deliberated in the open
session of the disability hearing.
ADJOURNMENT
Motion by Vice President Hall, seconded by Secretary Feldman, to adjourn the
meeting at 8:40 p.m. VOICE VOTE: Motion carried.
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ATTEST:
Alan Feldman /s/
Secretary
Linda K. Gonnella /s/
Recording Secretary
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