February 2, 2012 Minutes

At the regularly scheduled meeting of the Fire and Police Pension Fund held on the 2nd day of February 2012, President Terry Knowles presided.  The meeting was held at the Pension Office, 6009 John Douglass Drive, Chattanooga, TN 37421.

The meeting convened at 0907 hours with board members Terry Knowles, Phillip McClain, Chris Willmore, Scott Fulgham, Corliss Cooper, Shawn O’Kelley, Ray Ryan and Stan Sewell.  Attorney Bill Robinson was also present.

Motion by Chris Willmore and seconded by Scott Fulgham to approve the minutes from the January 19, 2012 meeting.  Motion carried unanimously.

Motion by Phillip McClain and seconded by Chris Willmore under CCC 2-412 to remove from the rolls Retired Paramedic Danny R. Clayton, effective 01/31/2012, died 01/26/2012.  Motion carried unanimously.

Motion by Corliss Cooper and seconded by Shawn O’Kelley under CCC 2-412 to remove from the rolls Cathy Johnson, surviving spouse of Retired Firefighter Larry Johnson, effective 01/31/2012, died 01/14/2012.  Motion carried unanimously.

Motion by Phillip McClain and seconded by Scott Fulgham under CCC 2-412 to add to the rolls Beverly Clayton, surviving spouse of Danny R. Clayton, effective 02/01/2012.  Motion carried unanimously.

Motion by Shawn O’Kelley and seconded by Corliss Cooper under CCC 2-412 to pay death benefit to Beverly Clayton, designated beneficiary of Danny R. Clayton.  Motion carried unanimously.

Attorney Bill Robinson gave a brief update on the Grasham disability lawsuit.

Fire Captain Chip O’Dell appeared before the Board to express his concerns with the apparent enforcement of the National Fire Protection Association’s Standard 1582 by the City of Chattanooga on the Firefighters. Captain O’Dell asked that the Board consider all members of the Fire Department that do not meet the NFPA standards for employment as an automatic job-related disability regardless of the nature of the condition they are unable to meet.

Fire Captain Kenneth Harden appeared before the Board to present his application for a job-related disability. The Board accepted his application for processing. Captain Harden made note that he has been on personal days since 01/23/2012 and is not currently working.

Fire Captain Kenneth Atkins appeared before the Board to express his concerns over the City of Chattanooga enforcing the NFPA Standard 1582 on the Firefighters. Captain Atkins is not able to meet the criteria of NFPA 1582 and the Fire Department has not allowed him to actively work. Captain Atkins made note that he has an upcoming hearing with Fire Chief Randy Parker concerning his employment. Captain Atkins obtained a disability application, in the event he decides to apply for a disability at a later date.

The Board discussed the pending Ethics Policy and the Purchase and Procurement Policy. Motion by Corliss Cooper and seconded by Stan Sewell to approve the revised Ethics Policy with blanket approval of incidental use of Fund equipment by Fund staff. Motion by Phillip McClain and seconded by Stan Sewell to approve the new Purchase and Procurement Policy. In answer to a question from Stan Sewell, Attorney Bill Robinson stated that the Fund is not subject to the Tennessee Municipal Purchasing Law of 1983, due to the structure of the Fund; all contributions are made to the trust associated with the Fund and expenses are paid from the trust and therefore are not Municipal funds at the time purchases are made.  Further, Chattanooga City Code 2-407 gives the Board of Directors the authority to make payments from the trust fund and establish policies regarding purchases. Motions carried unanimously.

Motion by Phillip McClain and seconded by Chris Willmore to pay the bills.  Motion carried unanimously.

Motion by Corliss Cooper and seconded by Phillip McClain to adjourn at 1022 hours.  Motion carried unanimously.

Terry Knowles , President

Scott Fulgham, Secretary

 

Visitors

Chip O’Dell, Kenneth Harden, Kenneth Atkins

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