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Minutes - 03/31/2021 - Police Pension Fund BoardBOARD OF TRUSTEES OF THE POLICE PENSION FUND Disability Hearing Minutes Page 1 of 3 March 31, 2021 VILLAGE OF OAK BROOK BOARD OF TRUSTEES OF THE POLICE PENSION FUND - Minutes March 31, 2021 APPROVED AS WRITTEN √ OR AS AMENDED BY BOARD OF TRUSTEES OF THE POLICE PENSION FUND ON April 22, 2021 1. CALL TO ORDER: The Special Meeting of the Board of Trustees of the Oak Brook Police Pension Fund was called to order by President Vel Torlo at 4:31 p.m. in the Upper Level Conference Room of the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois. 2. ROLL CALL: The roll was called with the following persons PRESENT: President Vel Torlo, Vice President Alan Feldman, Secretary Edward Caspers, Trustee Hitesh Patel (via Zoom), Trustee Reid Foltyniewicz ABSENT: None IN ATTENDANCE: Board Attorney Richard Reimer, Applicant’s Attorney David Figlioli, Disability Applicant Officer John Jacobs, Court Reporter Lisa Breiter, Pension Clerk Rose Kane 3. PUBLIC COMMENTS: None presented 4. HEARING ON DISABILITY APPLICATION OF OFFICER JOHN JACOBS: After Roll Call, President Torlo stated that he was turning the meeting over to Attorney Reimer. Attorney Reimer stated that this is a hearing being conducted pursuant to Article 3 of the Illinois Pension Code regarding the disability claim of Officer John Jacobs. Attorney Reimer explained the hearing procedure. Motion by Secretary Caspers, seconded by Trustee Foltyniewicz to appoint Attorney Reimer as Hearing Officer. VOICE VOTE: Motion carried. Attorney Reimer continued explaining the procedure and rules of the disability hearing. Consensus of the Board to vote orally and be followed up with a written decision. Board Exhibits 1-29 were admitted into the administrative record without any objections. The Applicant’s counsel, Attorney Figlioli, waived opening statement and called his first witness, the Applicant, Officer John Jacobs, who was sworn in and began answering questions from his attorney. A brief recess was taken at approximately 5:30 p.m. The hearing resumed at approximately 5:35 p.m. Attorney Reimer began asking Officer Jacobs questions. After Attorney Reimer’s questioning, Board members asked questions of Officer Jacobs and Attorney Reimer asked some further questions of Officer Jacobs. Attorney Figlioli clarified some information previously given by Officer Jacobs. At this point, Attorney Figlioli rested his Applicant’s case and began his closing arguments in regard to a line-of-duty disability pension benefit. Attorney Reimer then advised the Board that there are a couple ways to discuss the matter and make a decision, one of which is to discuss the matter publicly, in open forum. He stated that if the matter is discussed publicly, the attorney-client privilege is waived. He discussed that the second option is adjourning to executive or closed session under Section 2 (c) 4 of the Open Meetings Act, following an evidentiary hearing for purposes of deliberation. He added that going into closed session requires an BOARD OF TRUSTEES OF THE POLICE PENSION FUND Disability Hearing Minutes Page 2 of 3 March 31, 2021 audio or video verbatim transcript, as a backup to the court reporter’s transcript, and that no votes or final action may be taken in closed session. Attorney Reimer stated that there is a third option of taking the matter under advisement and returning at a later date. 5. ADJOURN TO CLOSED SESSION, For the Purpose of deliberation following the evidentiary hearing in the Officer Jacobs Disability claim, pursuant to 2(c)(6) of the Illinois Open Meetings Act, respectively, at 6:39 p.m . Motion by Secretary Caspers, seconded by Trustee Foltyniewicz, to recess to closed session. ROLL CALL: Ayes: 5 – Vice President Feldman, Secretary Caspers, Trustee Patel, Trustee Foltyniewicz, President Torlo Nays: 0 – None Absent: 0 – None Motion carried. 6. RECONVENE TO OPEN SESSION: Motion by Trustee Foltyniewicz, seconded by Secretary Caspers, to reconvene to open session at 7:38 p.m. ROLL CALL: Ayes: 5 – President Torlo, Vice President Feldman, Trustee Foltyniewicz, Trustee Patel, Secretary Caspers Nays: 0 – None Absent: 0 – None Motion carried. Motion by Vice President Feldman, seconded by Trustee Foltyniewicz, to award Officer Jacobs a line of duty disability pension effective the date following termination of Publ ic Employee Disability Act (PEDA) benefits. ROLL CALL: Ayes: 5 – President Torlo, Vice President Feldman, Trustee Foltyniewicz, Trustee Patel, Secretary Caspers Nays: 0 – None Absent: 0 – None Motion carried. Attorney Reimer stated that he will be preparing a written decision order and that the Board’s finding is related to the right wrist/right extremity as a result of the July 7, 2015 injury. He said that the Applicant will receive this after the Board approves it. Motion by Secretary Caspers, seconded by Trustee Patel, to authorize the court reporter to prepare the transcript of the executive and closed session so that the decision can be written. ROLL CALL: Ayes: 5 – President Torlo, Vice President Feldman, Trustee Foltyniewicz, Trustee Patel, Secretary Caspers Nays: 0 – None Absent: 0 – None Motion carried. Attorney Reimer asked Attorney Figlioli for the exact date that PEDA was terminated. Attorney Reimer stated that Officer Jacobs does not have to wait for the written decision to get on paid status; he said that Lauterbach and Amen will need to know the effective date, the salary, and the amount of the TTD. BOARD OF TRUSTEES OF THE POLICE PENSION FUND Disability Hearing Minutes Page 3 of 3 March 31, 2021 5. ADJOURNMENT: Motion by Trustee Foltyniewicz, seconded by Trustee Patel, to adjourn the Board of Trustees of the Police Pension Fund special meeting at 7:43 p.m. VOICE VOTE: Motion carried. ATTEST: Edward J. Caspers /s/ Edward J. Caspers, Secretary Board of Trustees of the Police Pension Fund