Administrative Rule Adopted by the FPD&R Board Pursuant to Rule-Making Authority
5.2.01 – REGULAR AND SPECIAL MEETINGS
Regular meetings of the Board are normally held on the fourth Tuesday of every month and commence at 1:00 pm. Unless otherwise stated, all meetings will be in the City of Portland Council Chambers. Special meetings may be called by the Chairperson, or by three or more members of the Board. All meetings are governed by the provisions of ORS 192.610 to 192.690 in effect at the time of the meeting. Except when in executive session pursuant to ORS 192.660, all meetings of the Board are open to the public. All meetings shall be recorded electronically or by a court reporter.
5.2.02 – AGENDA
(A) Notice of the date and time of meetings shall be included in the agenda prepared by the Director. The place where the meeting will be held shall also appear if the meeting is to be held somewhere other than the City of Portland Council Chambers.
(B) All business of the Board shall be transacted at regular or special meetings. Except in the case of an actual emergency, no matter will be considered by the Board unless it is included on a Board agenda. To be included on a Board agenda, a request for inclusion on the agenda must be received by the Fund Director not less than seven (7) calendar days before the date of the meeting.
5.2.03 – CONDUCT OF MEETINGS
(A) The Chairperson or Chairperson Pro Tempore shall preside over all meetings unless the Chairperson or Chairperson Pro Tempore directs otherwise. In the absence of the Chairperson or Chairperson Pro Tempore, the presiding officer of any Board meeting shall be a trustee chosen by a majority of the Board of Trustees. In the event that a meeting is being chaired by someone other than the Chairperson or Chairperson Pro Tempore, such presiding officer shall retain his or her right to vote and to participate in discussion of matters before the Board.
(B) Roberts' "Rules of Order", current edition, shall be controlling in governing Board procedure in the absence of any direction appearing in these rules.
5.2.04 – BOARD MEMBERS
(A) Elected Board Members
(1) One Active Member of the Bureau of Fire, Rescue and Emergency Services and one Active Member of the Bureau of Police shall be elected to the Board by the Active Members of their respective bureau. Elections will be held in the year of the respective board member’s expiring term.
(2) Elected members of the Board shall have a three-year term of office.
(3) Regular elections, to fill expired terms on the Board of Trustees, shall be conducted as follows:
(a) Elections shall be held during the month of December using a vote-by-mail process.
(b) Notice of elections shall be given in writing and posted in fire and police work places on or before the second Monday in October.
(c) Any Active Member may nominate himself or herself by filing such nomination in writing with the Director on or before the third Monday in October.
(d) Notice of nominations shall be given in writing and by posting in fire and police work places on or before the fourth Monday in October. If only one Active Member is nominated in any election, the election shall not be held. The Director shall determine and certify to the Board that the nominee was unopposed. The nominee so certified shall be declared elected in accordance with the procedures set out in this section of the Administrative Rules.
(e) If there are multiple nominees, the Director shall prepare printed ballots, listing the nominees in the order in which they file.
(f) The Director shall mail individual ballots for a Fire trustee election to Active Members of the Bureau of Fire and individual ballots for a Police trustee election to Active Members of the Bureau of Police, along with a postage paid return envelope marked “Ballot Enclosed”. These ballots will be mailed to Active Members on the first Friday of November.
(g) Completed ballots must be returned, sealed in the return envelope provided by the FPDR marked “Ballot Enclosed” and received in the FPDR office no later than 5:00 p.m. December 1st or the following Monday if December 1st falls on a Saturday or Sunday. Ballots may be dropped off at the FPDR office during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays.
(h) Upon receipt of the ballot, FPDR staff will immediately date stamp the return envelope and place it in a secure location. FPDR staff will not open the return envelope.
(i) Within two (2) business days after close of balloting, the City Auditor or the City Auditor’s designee will count and tally the ballots. An abstract of votes cast by the Active Members of each bureau signed by the Director and the City Auditor or the City Auditor’s designee, together with the tally sheets signed by the City Auditor or the City Auditor’s designee, shall be forwarded to the Board of Trustees for its next regular meeting.
(j) In the event no candidate receives a majority of the votes cast (equivalent to 50 percent plus 1 vote), a runoff election shall be held between the two candidates receiving the most votes. The Director shall, within three (3) business days of the initial vote count, announce to the Members of the respective bureau that a runoff election is needed.
(k) In the event of a runoff election, ballots will be distributed within five (5) business days of the determination of the need for a runoff election. The completed ballots must be returned, sealed in the return envelope provided by the FPDR marked “Ballot Enclosed” and received in the FPDR office no later than 5:00 p.m. the business day prior to the day ballots are to be counted. Ballots may be dropped off at the FPDR office during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays. The counting of the ballots will be conducted in the same manner as regular elections and will be scheduled on or before the last business day of December. If the last business day of December falls on a Saturday or Sunday, ballots will be counted on the preceding Friday.
(l) The new board members shall be elected for terms to begin January 1.
(4) At the regularly scheduled meeting of the Board in January, the names of the nominees and votes received shall be entered in the minutes. The nominee from each bureau, receiving the highest number of votes cast, shall be declared elected. Tie votes shall be decided by the drawing of lots, under the Director and City Auditor’s supervision. No contest of any election shall be had after said declaration.
(5) Special elections for a vacant elected trustee position shall be held within thirty (30) days after a vacancy occurs and such elections shall be conducted in the same manner as regular elections. The names of the nominees and votes received shall be announced at the first regularly scheduled meeting of the Board following the special election. The board member elected during a special election will serve the balance of the unexpired term.
(6) Any elected Board member who ceases to be an Active Member may complete the remainder of his or her term. Notwithstanding the previous sentence, a Board member who is discharged for cause shall cease to be a member of the Board on the effective date of his or her discharge.
(B) Appointed Board Members
(1) Two citizens of the City of Portland who have relevant experience in pension or disability matters, are not active or past Members nor beneficiaries of the Fire and Police Disability and Retirement Fund and who have not been employed by the Fire or Police Bureaus shall be appointed to the Board. The citizen shall be nominated by the Mayor and approved by the City Council. Following the City Council approval, the new board member shall be given an oath of office by the City Auditor or the City Auditor’s designee. The new board member(s) shall be appointed for terms to begin January 1.
(2) Appointed members of the Board shall have a three-year term of office.
(3) Appointments for a vacated appointed board member position shall be made within thirty (30) days after they occur. A new trustee shall be nominated by the Mayor and approved by the City Council. The new appointed board member will serve the balance of the unexpired term.
(4) Any appointed board member who misses four or more meetings in the fiscal year may be removed by the Board unless the Board determines there was a good cause for the absences.
(5) A Board member who is discharged for cause shall cease to be a member of the Board on the effective date of his or her discharge.
(1) The Mayor or the Mayor’s designee approved by the City Council shall serve as a board member and the Board’s Chairperson.
(2) Notwithstanding the above, the Mayor or the Mayor’s designee shall not be an active or past Member nor beneficiary of the Fire and Police Disability and Retirement Fund and have not been employed by the Fire or Police Bureaus.
(3) Should the Mayor not meet the above criteria, the Mayor must appoint a designee who does meet the criteria.
5.2.05 – POWERS OF THE BOARD
(A) The Board shall not decide applications for disability benefits provided by this Chapter.
(B) The Board of Trustees is authorized and empowered to require the production and examination of papers and documents for the purpose of rulemaking and consideration by a hearings officer or appellate panel.
(C) The Board is authorized and empowered to administer oaths, subpoena and examine witnesses.
(D) The Board shall retain one or more independent hearings officers who shall be members of the Oregon State Bar, have relevant disability training and experience, and who shall not be a Member or beneficiary of a Member. Such hearings officers shall conduct hearings and decide applications for benefits consistent with Chapter 5 of the City Charter, and in section 5.6.03 of these Administrative Rules.
(E) The Board shall establish rules of evidence and procedure for the conduct of hearings.
(F) The Board shall establish an independent panel to consider appeals from the hearings officer’s decisions. One panel member shall be appointed for an initial one year term and then every three (3) years thereafter; the second panel member shall be appointed for an initial two (2) year term and every three (3) years thereafter and the third panel member shall be appointed for an initial three (3) year term and every three (3) years thereafter. Panel members shall be members of the Oregon State Bar, shall have relevant disability training and experience, and shall not be a Member or beneficiary of a Member. Panel members may be removed by the Board for cause.
(G) The Board shall pay from the Fund the reasonable expenses of vocational rehabilitation of disabled Members established in a vocational rehabilitation plan approved by the Fund Administrator to reduce disability benefits. The Board may, but has no obligation to, pay other financial incentives that demonstrate a reduction in disability costs.
(H) The Board may pay its administrative expenses from the Fund and may borrow from the General Fund. The Board may purchase bonds or insurance covering any act or failure to act.
(I) The Board of Trustees may in these rules require applicants for benefits from the Fund and persons receiving benefits from the Fund to submit to and undergo mental and physical examinations by one or more licensed physicians or psychologists designated by the Fund Administrator for that purpose.
(J) The Board of Trustees may delegate these authorities to the Fund Administrator.
(K) The Board shall give the Fund Administrator the authority to settle and discharge all or part of the Fund’s future obligations to any Member or Member’s eligible beneficiaries for disability, retirement or death benefits as to any and all claims or entitlements to disability, retirement or death benefits as part of a settlement. The maximum settlement authority given to the Fund Administrator is $35,000 without the approval of the Board of Trustees. Any amount exceeding the maximum settlement authority shall require approval of the Board. The Board will only consider requests made by the Fund Administrator.
(L) Pursuant to Resolution No. 490, the Board has authorized the Fund Administrator to make all benefit and administrative expense payments. The Fund Administrator will provide the Board with a monthly summary of expenditures.
5.2.06 – DUTIES OF BOARD OF TRUSTEES
(A) The Board of Trustees shall provide enforcement of these Administrative Rules. Such enforcement may include actions up to and including forfeiture of any benefit payment or by denial of any claim, if the Member fails to comply with these Administrative Rules and regulations.
(B) The Board of Trustees may provide in these Administrative Rules for suspension or reduction of any disability benefit if the Member does not cooperate in treatment of the disability or in vocational rehabilitation or does not pursue other employment.
(C) The Board of Trustees may provide in these rules for the designation of one or more licensed physicians or psychologists to act at any time with the physicians appointed by the City Personnel Director in the mental and physical examinations of applicants for membership in the Bureau of Fire or Bureau of Police.
(D) The Board of Trustees may delegate these authorities to the Fund Administrator.
5.2.07 – TRAVEL POLICY
It is the desire and intention of the Board to ensure that all Trustees receive educational opportunities afforded by attendance at conferences and seminars relevant to their duties on the Board.
Trustees shall be reimbursed for expenses related to the conference or seminar attendance based on the City of Portland’s Rules for Travel, Miscellaneous Expenses and Receipt of Related Benefits. The Board shall file an Addendum to use the per diem method for meal reimbursement.
Trustees are authorized to attend up to two (2) conferences per fiscal year as long as the total number of conferences attended by the trustees does not exceed six (6) Trustees will coordinate with other Trustees and the Director to stay within the number of limited spots for each fiscal year. Prior to registering, Trustees shall notify the Director who will coordinate travel and assure that the budgeted total travel allocation is not exceeded. Trustees’ attendance at more than two (2) each or total of six (6) conferences in a fiscal year requires pre-approval by the Board of Trustees.
5.2.08 – BOARD COMMUNICATIONS WITH FPDR ADMINISTRATION
The Director will serve as the primary contact to the Board of Trustees on any issue concerning this program.
Adopted November 12, 1991.
Effective February 1, 1992.
Revision filed in PPD December 28, 2005.
As Amended by: Resolution No. 287 on August 8, 1995, Resolution No. 288 on September 12, 1995, Resolution No. 298 on October 14, 1997, Resolution No. 320 on December 14, 1999, Resolution No. 323 on April 11, 2000, Resolution No.332 on April 17, 2001, Resolution No. 335 on August 14, 2001, Resolution No. 338 on December 11, 2001, Resolution No. 340 on January 15, 2002, Resolution No. 345 on April 9, 2002, Resolution No. 349 on August 13, 2002, Resolution No. 350 on August 13, 2002, Resolution No. 351 on September 10, 2002, Resolution No. 352 on October 8, 2002, Resolution No. 365 on August 12, 2003, Resolution No. 372 on February 10, 2004, Resolution No. 381 on August 10, 2004, Resolution Nos. 388, 389 and 390 on June 14, 2005, Resolution No. 392 on November 8, 2005, Resolution No. 393 on December 13, 2005, Resolution No. 405 on May 9, 2006, Resolution No. 419 on March 13, 2007, and Resolution No. 423 and Resolution No. 425 on November 27, 2007.
Amended by the Director of the Bureau of Fire and Police Disability and Retirement on March 18, 2010.
As Amended by: Resolution No. 472 on November 27, 2012, Resolution No. 490 on May 27, 2014, Resolution Nos. 491 and 493 on September 23, 2014, and Resolution No. 503 on September 22, 2015.