Firemen’s Pension Fund Board of Trustees

April 7, 2022 Peoria, Illinois PROCEEDINGS OF A SPECIAL MEETING OF THE BOARD OF TRUSTEES OF THE FIREMEN'S PENSION FUND OF PEORIA, ILLINOIS A Special Meeting of the Board of Trustees of the Firemen's Pension Fund of Peoria, Illinois, was held this date at City Hall, Room 404, via videoconference via Zoom , Peoria, Illinois, at 9:00 A.M. with Applicant John Schnibben, for the purpose of conducting Firemen's Pension Fund business. ROLL CALL Roll Call showed the following Board Members present: Higgins, Smith, Tarr, Tomblin , President Troglio - 5. Others electronically present: Attorney Rick Reimer and Associate Patrick Roberts of Reimer & Dobrovolny on behalf of the Peoria Firemen's Pension Fund; Attorney Stephen Kelly on behalf of the Applicant; Applicant John Shnibben; Chief Deputy City Clerk Trina Bonds and Court Reporter Patty Schelli of Schelli Reporting Service, Ltd . INVOCATION A moment of silence was held in remembrance of those Firefighters who have served our community. REGULAR BUSINESS ITEM NO. 1 PUBLIC HEARING to Discuss and Consider an APPLICATION for DISABILITY - FIREFIGHTER JOHN SCHNIBBEN. Recommendation: Board to Take Action as Deemed Appropriate. President Troglio moved to appoint Attorney Rick Reimer as Hearing Officer for the Public Hearing concerning the Application for Disability for Captain John Schnibben; seconded by Trustee Smith. Approved by roll call vote . Yeas: Higgins, Smith, Tarr, Tomblin, President Troglio - 5; Nays: None. A Court Reporter was retained and recorded the business of the Board and is deemed the official record of the Fund's business during this meeting . Attorney Reimer advised Mr. Schnibben and Attorney Kelly that the Applicant had the burden of proof to show his entitlement to a disability pension. He said during the hearing the Applicant or his Attorney could make opening statements, present evidence including testimony and documentation in support of his claim. He said the Board or its counsel could cross-examine any witnesses. He said once the Applicant rested their case, the Board would then introduce certain documentation or call any witnesses that it desired. He said the Applicant or his Attorney could ask questions or make legal objections to any of this documentation or evidence. PROCEEDINGS - SPECIAL FIREMEN'S PENSION MEETING APRIL 7, 2022 PAGE2 He stated that the ultimate ruling on all legal matters would be made by the Board with advice from legal counsel. He said at the conclusion of the hearing the Applicant, or his Attorney had the right to file a Post Hearing Brief, which would include proposed findings of fact and conclusions of law or make a closing argument. The Board will ultimately render a written decision that would become a final decision as to the disability claim that the Hearing Officer would prepare for the Board to review and adopt. Evidence was presented and heard on John Schnibben's Application. Attorney Reimer introduced the Board Exhibits 1 through 11 into evidence. Attorney Kelly acknowledged receipt of the exhibits as outlined and stated that there were no objections to the documents being considered by the Board. Attorney Kelly introduced the Applicant's Exhibit No. 1 into evidence. He waived opening statements on behalf of the Applicant. Mr. Schnibben was sworn in and testified on his own behalf. Attorney Reimer asked questions of Mr. Schnibben regarding his testimony . There were no other witnesses presented or heard. A transcript of the hearing will be placed in Mr. Schnibben's file together with all Exhibits at the Hearing. In closing, Attorney Kelly said all three independent medical evaluations found the Applicant disabled and that he could not discharge his duties as a Firefighter. He said they believed they had met their burden of the law. At the conclusion of the evidence and oral arguments, Attorney Reimer outlined the following two options for the Board: 1. Enter a Motion from the floor with or without asking for any legal advice. 2. Adjourn to Executive Session to discuss the line of duty disability application for Captain John Schnibben in closed session. It was determined further discussions to be held in closed session would not be necessary. The Board agreed upon utilizing Option No. 1. President Troglio moved to grant the Application for Line of Duty Disability for Firefighter John Schnibben to begin July 18, 2020; seconded by Trustee Tomblin . Approved by roll call vote . Yeas : Higgins, Smith, Tarr, Tomblin , President Troglio - 5; Nays: None. President Troglio moved to authorize the Court Reporter to prepare an official transcript of the proceedings; seconded by Trustee Higgins. Approved by roll call vote. Yeas: Higgins, Smith, Tarr, Tomblin, President Troglio - 5; Nays: None. PROCEEDINGS - SPECIAL FIREMEN'S PENSION MEETING APRIL 7, 2022 PAGE3 CITIZENS' OPPORTUNITY TO ADDRESS THE BOARD OF TRUSTEES It was determined that there were no citizens to address the Board of Trustees. ADJOURNMENT Trustee Tomblin moved to adjourn the Special Firemen's Pension Board Meeting; seconded by President Troglio. Approved by roll call vote . Yeas: Higgins, Smith, Tarr, Tomblin, President Troglio - 5; Nays: None. The Special Firemen's Pension Board meeting adjourned at 9:42 A.M. ar , RMC, CMC, City Clerk Trustee Board Secretary, Firemen's Pension Fund of Peoria, Illinois /tb