Number
030579
Version
ORIGINAL
Reference
Sponsor
ALD. PRATT, JOHNSON-ODOM, WADE, HINES, GORDON AND DAVIS
Title
Resolution expressing the Common Council's displeasure with the decision of the medical panel of the Annuity and Pension Board to grant a duty disability retirement allowance to Police Officer Robert Henry.
Analysis
This resolution expresses the Common Council's displeasure with the recent decision of the medical panel of the Annuity and Pension Board to grant a disability retirement allowance to Police Officer Robert Henry for stress he allegedly suffered as a result of an incident on March 20, 2002.
Body
Whereas, On September 12, 2002, Police Chief Arthur Jones fired Officer Henry after an internal Police Department investigation found that Officer Henry had “unnecessarily manhandled and mistreated a prisoner” and threatened “a prisoner when forbidden to do so”; and
Whereas, Officer Henry appealed Chief Jones' decision and was reinstated to his position with the Police Department by the Fire and Police Commission on February 6, 2003; and
Whereas, Officer Henry subsequently filed a duty disability retirement allowance claim with the City asserting that the March 2002, incident and the job actions that followed caused him so much stress that he was no longer able to perform his duties as an active police officer; and
Whereas, The Annuity and Pension Board (“Board”) medical panel approved Officer Henry's claim; and
Whereas, The decision produced widespread feelings and expression of disbelief; disgust and anger among the citizens of the City of Milwaukee; and
Whereas, The Common Council finds that current provisions in the Milwaukee City Charter require granting a duty disability retirement allowance if a medical panel recommends that the employee applying for such allowance is entitled to it, thereby leaving no room for the Board to exercise discretion in action on duty disability allowance request; now, therefore; be it
Resolved, By the Common Council of the City of Milwaukee, that the Common Council expresses its extreme displeasure at the medical panel's decision to approve Officer Robert Henry's request for a duty disability retirement allowance relating to alleged stress-related inability to perform his job resulting from the March 20, 2002, incident; and, be it
Further Resolved, That the Common Council does not support granting duty disability retirement allowance to individuals who engage in the type of conduct displayed by Officer Henry in the March 20, 2002, incident; and, be it
Further Resolved, That the Common Council desires and supports revisions to the Milwaukee City Charter to give the Board a reasonable amount of discretion in deciding duty disability retirement allowance requests.
Requestor
Drafter
LRB03341-1
TWM/cac
7/30/2003