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From YouTube: Committee on Government Operations on February 15, 2022
Description
Docket #0186 - Petition for a Special Law re: An Act Providing Certain Retirement Benefits for the Widow of a Former Firefighter of the City of Boston
A
A
I
sponsored
this
docket
and
it
is
a
refile
from
last
year,
in
accordance
with
chapter
20,
of
the
exit,
2021
modifying
certain
requirements
of
local
meeting
law
and
relieving
public
bodies
to
certain
requirements,
including
the
requirement
that
public
bodies
conduct
its
meetings
in
a
public
place
that
is
open
and
physically
accessible
to
the
public.
The
city
council
will
be
conducting
this
hearing
virtually
via
zoom
and
it
is
being
recorded.
A
This
enables
the
city
council
to
carry
out
its
responsibilities,
will
adhere
into
public
health,
accommodations
and
ensuring
public
access
to
deliberations
through
adequate
alternative
needs.
The
public
may
watch
this
hearing
via
live
stream
at
www.boston.gov
city
council
tv
and
on
xfinity
8
rcn
82,
verizon
964.
It
will
also
be
rebroadcasted
at
a
later
date.
Written
comments
may
be
sent
to
the
committee
email
at
cc.go
at
boston.gov
and
will
be
made
part
of
the
record
and
available
to
all
counselors.
A
This
home
rule
petition
would
authorize
the
foster
retirement
board
to
pay
a
line
of
duty
death
benefits,
maria
rodriguez,
the
widow
of
leroy
rodriguez
or
roy
rodriguez,
who
was
a
former
boston
firefighter
who
died
as
a
result
of
injuries
sustained
while
performing
the
essential
duties
of
a
firefighter.
Under
this
proposal,
the
benefits
will
be
paid
and
administered
pursuant
to
section
100
of
chapter
32
with
general
laws.
A
As
the
chair
I'm
going
to
go
ahead
and
wave
introductory
remarks
from
council
colleagues,
since
this
doctor
is
a
refile,
we
held
a
hearing
on
this
on
september,
20
2021,
and
I'm
going
to
sort
of
give
an
overview
of
what
is
before
us
today.
This
hearing
is
really
to
familiarize
new
counselors,
of
which
we
have
five
with
what
the
details
of
this
are
and
why
we're
doing
this
before
we
take
a
vote.
A
A
A
Okay,
so
we're
gonna
do
this
sort
of
out
of
order,
and
I'm
gonna
just
ask
mr
o'reilly.
I
guess
to
give
some
background
in
miss
rodriguez
as
well,
and
I
just
want
to
be
clear.
I
expect
that
this
will
be
going
up
for
a
vote
tomorrow.
This
is
a
hearing
to
familiarize
everybody
with
what
the
issue
is
and
what
we're
trying
to
get
done.
C
C
I
just
want
to
thank
you,
mr
chairman,
for
having
this
hearing
and
allowing
us
the
opportunity
to
appear
before
you
and
and
testify
on
this
docket
zero
one,
eight
six
in
in
my
ten
plus
years,
up
on
beacon
hill.
It
one.
If
one
thing
I've
learned,
you
know
behind
every
lawmaker,
legislator
or
city
councilor,
there's
usually
an
amazing
staff
behind
them,
who
kind
of
puts
all
this
together.
C
So
I
would
be
remiss
if
I
didn't
publicly
thank
your
staff,
you
personally,
but
your
staff,
yasmin
and
jordan.
You
know
from
the
very
first
day
that
we
met
out
at
representative
gonzalo's
field
office
in
hyde
park.
You
know
there
have
been
nothing
you
just
you
yourself,
but
your
staff
have
been
nothing
but
professional
and
the
communication
has
been
unreal
and
and
and
and-
and
you
know
I
just
want
to
publicly
thank
yazmin
and
jordan
for
all
their
hard
work
and
in
yours
as
well.
C
C
Now
the
significance
actually
to
lieutenant
rodriguez's
assignment
his
company
assignment
that
day
was
he
was
assigned
as
the
rick
truck
writ
stands
for
rapid
intervention
team,
rapid
intervention
teams,
basically
for
when
rescuers
need
rescue
they
are
put
in
place
in
every
confirmed
fire.
There
is
a
team
of
firefighters
who
are
specially
trained
in
the
search
and
rescue
of
just
firefighters.
If
a
firefighter
goes
down,
maybe
there's
whether
it
be
a
collapse
gone
through
a
floor
gone
through
a
roof.
C
This
team
is
put
into
place
to
go
in
after
that
that
firefighter
that
was
lieutenant
rodriguez's
assignment
that
night.
I
I
think
it's
important
to
know
that,
because
when
lieutenant
rodriguez
slid
the
pole
to
respond
to
this
fire-
and
he
blew
out
his
achilles
because
he
knew
the
importance
of
that
mission-
you
know
he
could
very
well
have
said
hey.
I
can't
I
can't
go.
C
I'm
hurt
the
truck's
out
of
service
whatever,
but
he
knew
that
if
he
didn't
get
there
when
he
was
supposed
to
get
there
and
god
forbid,
there
was
a
mayday
or
something
you
know.
So
he
he,
despite
the
pain
he
got
on
the
truck
he
got
dressed.
He
responded
to
that
fire.
Fortunately,
there
was
no
maydays.
There
was
no
no
death
or
injuries
that
evolved
to
the
fire
at
all
other
than
his
his
very
own
injury.
C
He
was
carried
injured
on
duty,
111
f,
one
of
the
one
of
the
biggest
things
that
amazes
me
in
this
whole
thing
is:
he
was
hurt
on
july
1st
and
he
was
in
an
operating
room.
This
is
how
much
he
just
wanted
to
come
back
to
work.
He
was
already
in
an
operating
room,
getting
his
achilles
fixed
on
july
11th.
C
C
It
is
my
medical
opinion
based
upon
the
records
provided
for
review,
that
fire
lieutenant
leroy
rodriguez
died
as
a
result
of
a
cardiac
arrest
that
occurred
during
a
surgical
procedure
to
correct
an
injury
while
performing
his
duties
as
a
boston
fire
department.
Firefighter
lieutenant
rodriguez
was
not
known
to
have
any
pre-existing
heart
disease
when
he
was
appointed
to
the
department
during
his
initial
medical
clearance
exam
dr
kronman
determined
he
did
not
have
any
increased,
cardiac
arrest,
cardiac
risk
and
cleared
him
for
repair
of
his
achilles
tendon
and
then
further
she
writes.
C
It
is
my
medical
opinion
that
lieutenant
leroy
rodriguez,
the
cause
of
his
anoxic
brain
injury,
was
from
the
prolonged
cardiac
arrest,
despite
aggressive
cpr
in
life,
advanced
in
advanced
life
support
measures
in
targeted
temperature
therapy.
He
still
sustained
a
severe
and
toxic
brain
injury.
The
cardiac
arrest
occurred
during
the
surgery
for
which
his
achilles
tendon
injury
that
occurred,
while
working
as
a
boston
firefighter
had
this
injury
not
occurred.
Lieutenant
rodrigo
rodriguez
would
not
have
required.
The
surgical
intervention
in
the
series
events
leading
to
his
death
would
not
have
occurred.
C
It
was
a
necessity
for
lieutenant
rodriguez
to
undergo
surgical
repair
of
his
achilles
tendon
so
that
he
could
walk
and
also
be
able
to
return
to
his
duties
as
a
boston
fire
lieutenant.
Therefore,
it
is
my
opinion
that
lieutenant
rodriguez's
death
was
the
direct
result
of
the
accident
that
occurred
while
in
the
performance
of
his
duties.
C
A
Just
mr
o'reilly,
before
we
do
that,
just
to
be
clear
and
also
I
want
to
just
name
the
counselors
that
are
here-
we're
joined
today
by
council
president
ed
flynn,
councillor
at-large,
aaron,
murphy,
counselor
from
district
one
counselor,
lydia,
edwards
counselor
from
district
four
counselor,
brian
morrell
and
counselor
at
large,
roofsy,
louis
jen
and
I'll
I'll,
give
them
the
floor
in
a
moment.
But
I
just
want
to
be
clear
section:
100
is
the
death
survivor
benefits
correct?
That's
that's!
A
C
So
notwithstanding
any
provision
of
this
chapter
or
any
other
general
law
to
the
contrary,
if
a
firefighter,
while
in
the
performance
of
his
duties
and
as
the
result
of
an
accident
while
responding
to
or
returning
from
an
alarm
of
fire
or
any
emergency
or
as
the
result
of
an
accident
involving
a
fire
department
vehicle
which
the
firefighter
is
operating
or
in
which
he
is
riding
or
while
at
the
scene
of
a
fire
or
any
emergency,
is
killed.
And
this
is
the
important
sentence
is
killed
or
sustains
injuries
which
result
in
his
death.
C
That
is
to
me
the
most
important
sentence
of
that
is
that
he
is
killed
or
sustained
injuries.
As
we
go
back
to
dr
christine
rieden's
report,
it
is
evident
in
her
medical
opinion
that
he
died
as
a
result
of
his
injuries
because,
as
she
said,
if
he
had
not
blown
out
his
achilles,
he
would
have
never
been
on
the
operating
table
receiving
surgery
to
repair
that
achilles
tendon.
It's
it's
not
probably
very
common.
C
I
think
if
there
is
any
gray
area,
I
I
I
think
it's
because
everyone
thinks
a
line
of
duty
death
is,
you
know,
you
know
a
beacon
street
fire.
You
know
something
where
it
was
just
a
raging
inferno
and
you
know,
god
forbid,
you
know
collapse
or
something
and
and
and
you
know
or
what
I
would
refer
to
and
and
I
don't
not
to
belittle-
but
it's
like
a
blaze
of
glory.
C
If
you
will,
you
know
I
I'll
I'll
refer,
because
this
is
one
of
the
most
to
me.
One
of
the
most
significant
cases
is
as
far
as
this
type
of
thing
goes:
lieutenant
james,
f,
flehive,
age,
67
and
rescue
company,
one
hoseman
warren
e
bernard
age,
28,
rescue
company,
one
and
hoseman,
patrick
j,
caddy
age,
27
of
engine
company
39.
C
on
october
22nd,
1946,
osmond,
bernard
and
hoseman
caddy
died
and
lieutenant
flehive
was
severely
injured
from
the
inhalation
of
smoke
and
poisonous
gases
from
burning
fur.
In
the
basement
of
the
caucus
furs,
70
to
72
chauncey
street
downtown
box,
1463
chauncey
street
and
road
place
at
1707
hours,
bozeman
bernard
had
four
years
and
hosemann
caddy
had
10
months
of
service,
lieutenant
flehi
remember
the
fire
was
in
1946..
C
Lieutenant
flehi
died
on
march
6
1974,
some
28
years
later
at
age
67,
after
never
regaining
consciousness
from
the
effects
of
the
poisonous
gas
and
smoke
that
he
received
on
october
22
1946.,
I
just
I
I
I
bring
that
to
your
attention
just
to
highlight
that
you
know
all
those
these
things,
because
of
obviously
our
medical
system
and
and
stuff
in
place
today
that
these
things
don't
happen
all
the
time.
However,
they
do
happen.
C
C
Mrs
rodriguez's
world
was
turned
upside
down
and
like
most
firefighter
families,
she
probably
didn't
have
know
the
difference
between
lada
25
and
engine
30
or
what
group
leroy
was
on,
or
you
know
a
lot
of
these
things
that
you
know
because
it's
you
know
a
lot
of
times
the
we
don't
bring
the
work
home
to
our
families.
So
nor
did
she
really
understand
the
pension
system
or
how
that
worked
and
and
I'm
not
throwing
anybody
under
the
bus
or
blaming
anybody
in
this
process.
C
But
when
mrs
rodriguez
is
going
through
the
process,
due
with
the
retirement
board,
the
pension
and
welfare
offices
for
the
local,
to
explain
and
file
to
filed
her
paperwork
and
not
understanding,
of
course,
her
world
in
a
in
a
in
a
tailspin
at
this
time.
What
she
thought
she
was
applying
for
was
the
100..
She
didn't
even
know
the
diff
hundred
section,
100
or
section
9
to
her
back.
C
Then
it
didn't
mean
anything
and
then
it
wasn't
until
later,
after
the
section,
nine
was
awarded
that
she
realized
and
I
believe
and
I'll.
Let
her
speak
to
this.
But
I
believe
it
was
from
talking
to
friends-
and
you
know,
wives
of
firemen
and
stuff,
that
she
you
know
that
she
knew
and
she
reached
out
to
the
718
office.
C
A
And
mr
o'reilly,
if
I
just
interrupt
there,
the
reason
you
would
have
assumed
that
is,
there
are
certain
benefits
in
the
funeral
services
and
the
way
in
which
members
of
the
firefighting
firefighter
boston,
firefighters
department
are
honored
in
death
when
they,
when
they
die
in
the
line
of
duty,
there's
special
honors
that
are
given
correct,
and
that
was
given
here
correct.
Yes,.
C
And
actually
I'm
gonna-
I
might
be
stealing
mrs
rodriguez's
thunder
here,
but
I
actually
have.
I
went
back
in
and
looked
up
at
some
tweets
in
a
boston
globe.
Article
there's
a
tweet
from
commissioner
joe
finn,
who's
the
commissioner
at
the
time
and-
and
it
says
I
quote
I
would
I
would
like
to
offer
my
deepest
condolences
to
the
family
of
lieutenant
leroy
rodriguez
of
lotta
25,
who
died
in
the
line
of
duty.
C
C
I
hate
to
call
it
this,
but
I
don't
know
another
term
in
death,
but
basically
there's
a
different
kind
of
pomp
and
circumstance
with
the
line
of
duty
you
get
the
full
brigade,
you
get
the
you
know
the
the
the
standing
outside
of
the
formation,
the
inviting
of
dignitaries,
whether
it
be
the
mayor,
the
you
know,
members
from
the
legislature,
the
city
council
stuff
like
that.
So
but
yeah
there
is,
there
is
certain
protocols
that
go
along
with
the
line
of
duty
death.
C
Lifelong
resident,
who
wants
his
scored
and
maria,
can
touch
on
a
more
99s
98s
hundreds
many
times
on
tests,
but
was
then
able
to
obtain
a
job
with
the
boston
fire
department.
All
he
ever
wants
to
do
wanted
to
do
was
follow,
and
this
precedes
lieutenant
rodriguez's
death.
His
son,
leroy
jr,
always
wanted
to
be
a
boston
firefighter
wanted
to
follow
in
the
foot
the
the
the
footsteps
of
his
father.
C
Just
like
I
did,
and
just
like
many
many
boston,
firefighters
today
who
are
second
and
third,
and
sometimes
fourth
generation
firefighters,
but
he
he
he's
31.
Now
you
know
the
age
to
to
the
last
age
he
could
take
a
test
is
32.
I
think
he
may
have
one
more
test
in
him.
I
know
we
could
always
go
back
to
the
legislature
or
through
the
city
council
to
you
know,
waive
the
maximum.
C
There's
really
no
appeal
process,
we'd
appeal
to
city
councillors,
you
know
see
where
they
stand
and
all
this
and
and
from
the
looking
at
the
actual
docket
it.
You
know
overwhelmingly,
obviously
you
know,
I
think
the
city
council
wants
to
do
do
the
right
thing
and
in
in
an
award,
mrs
rodriguez,
the
section
100
death
benefit
and
which
she
so
rightly
deserves.
C
So
with
that
I
I'll
answer
any
questions
after
or
now,
or
you
know
whatever,
but
I'll
turn
it
over
to
maria
rodriguez,
the
wife
of
the
late
and
great
lieutenant
leroy
rodriguez.
I
might
add,
too,
there
was
no
firefighter
in
this
department
in
my
30-year
career
who
was
in
better
physical
shape
than
leroy
rodriguez.
C
This
kid
he
was
the
guy
that
drunk
drank
the
green
drinks
out
of
the
processor
in
the
morning
and
and
and
and
constantly
working
out
in
the
gym
he
was
he
was
proficient
in.
I
don't
know
I
think
five
or
six
different
martial
arts
like
this
is
what
this
guy
did.
I
mean
this
guy,
his
body
was
a
temple,
and
so
there
was
nobody
in
in
better
tip-top
shape,
but
with
that
I'll
turn
it
over
to
maria
rodriguez
and
and
let
her
speak.
A
Thank
you
o'reilly
before
we
do
that
I've
been
I
reached
out
to.
We
have
someone
with
a
time
constraint
that
wouldn't
be
able
to
be
back
until
much
later,
and
so
I
want
to
make
sure
that
whatever
questions
they
have
are
able
to
be
answered,
I
know
mr
smith
is
not
coming.
We
just
received
word
that
he's
not
going
to
be
here
today
from
the
retirement
board,
but
counselor
edwards.
The
floor
is
yours
for,
for
whatever
questions
you
have.
D
Okay,
so
I
just
wanted
to
to
note-
and
I
appreciate
that
again,
this
is
I
was
at
the
hearing
in
september
and
I'm
you
know
coming
back
here
again.
I
do
think
it's
important
that
we
have
this
conversation,
because
it
is
a
rarity
in
this
process,
but
it
is
an
important
process
and
decision
that
we
have
as
counselors
as
to
how
we
move
around
these
benefits
and
and
how
much
they're
worth
and
who
is
honestly.
You
know,
unfortunately,
we're
in
that
position
to
just
to
determine
who's
deserving.
D
I
do
want
to
note
in
the
opinion
that
was,
I
think
it
was
from
dr
riordan.
That
was
read
that
that,
along
with
noting
that
this
was
a
direct
result
of
an
accident
that
occurred
while
the
performance
of
his
duties,
the
sentence
goes
on
and
says,
and
his
death
qualifies
for
an
accidental
death
benefit
under
the
provisions
of
section
9-94,
heart
law
of
chapter
32,
of
mass
general
laws,
and
I
know
that
that
part
of
the
decision
wasn't
read
previously
when
discussing
the
direct
causal
impact.
D
D
What
I'm
hearing
the
difference
really
is
the
spousal
increase
in
benefits
under
section
100,
and
also
the
preference
for
the
firefighter,
and
if,
if
that's
really
the
difference,
I
mean
there's
no
debate
about
his
him
being
a
hero
about
him
being
an
incredible
firefighter
about
him
being
a
loving
husband
or
an
incredible
father.
I'm
not
here
to
debate
those
things,
but
I
want
to
make
sure
what
we're
fundamentally
trying
to
do
is
is
just
give
an
increase
to
the
spouse
and
make
sure
the
child
has
preferences.
D
D
We've
done
homeworld
petitions
separately
and
apart
to
allow
for
exceptions
for
older
police
officers
and
firefighters
before
this
is
to
also
inform
my
colleagues
on
the
city
council.
So
this
is.
This
is
not
a
requirement
that
it'd
be
under
section
9
in
order
for
him
to
be
granted
an
age
exemption
we've
granted
those
before
so
I
just
wanted
you
to
know
that.
That's
a
separate
conversation,
it's
not
a
requirement
under
section
100..
A
So,
just
a
quick,
just
a
quick
point
of
information:
it's
not
the
age,
so
this
actually
doesn't
increase
the
age
requirement,
which
is
something
we
have
done
before.
There's
a
separate
priority
list.
When
you
are
the
child
of
someone
who
has
died
in
the
line
of
duty,
it
actually
is
a
priority
list,
which
is
not
something
we've
ever
done
before.
I'm
not
even
sure
if
we
have
the
ability
to
put
somebody
on
a
priority
list
unless
we
make
this
change.
A
A
If
you
have
more
questions,
we
can
do
that,
but
mr
o'reilly,
just
in
the
bank,
if
you
can
sort
of
discuss
how
the
priority
list
works,
because
I
my
understanding
is
legitimately
being
on
the
priority
list,
essentially
ensures
that
you're
in
the
very
next
class-
and
so
I
just
want
to
make
sure
we
we
get
that
information
clearly.
But
this
is
different.
This
is
because
of
the
survivor
benefits
they
get
to
be
on
a
priority
list.
It's
a
special
list.
I
believe
it's
an
incredibly
exclusive
list
because
of
how
you
get
on
that
list.
D
C
Yeah
so,
according
to
chapter
31,
which
is
in
the
civil
service
law,
they
they
there's
actually
separate
lists
and-
and
I
know
that
you
guys
are
working
very
diligently
to
try
to
rectify
some
of
the
way
that
we
hire
people
to
include
obviously
more
diversity
so
yeah.
So
there
is
separate,
actually
separate
lists.
So
there
is
a
dav
list,
the
disabled
american
veterans
list.
There
is
a
veterans
list.
There
is
a
what
we
call
a
survivors
list,
which
is
usually
one
of
the
most
shortest
lists.
C
So,
according
to
chapter
31,
it
would
go
disabled
american
veterans
survivors
and
then
and
then
veterans
regular.
You
know
regular
just
you
know.
Regular
veterans
are
not
not
disabled,
so
yeah
it
does
and-
and
I
believe
you
are
correct,
mr
chairman-
I
don't
know
that
it
can
be
legislated
as
a
survivor
him
as
a
survivor
unless
they
receive
the
section
100..
C
C
Basically,
as
you
know,
how
they
work
is
is
that
if
you
pass
a
pre-employment
physical,
that
shows
no
evidence
of
heart,
lung
or
cancer,
then
it
is
presumed
that
you
got
the
the
heart
disease,
the
lung
disease
or
the
cancer
in
the
line
of
duty.
However,
those-
and
it
says
right
here-
this
is
section
100.
C
C
So
where
the
section
9
the
big
difference
between
the
section
9
and
the
100
is,
is
you
know
we
have
a
member
diagnosed
with
cancer,
a
lot
of
cancer?
He
retires
he's
living
his
life.
You
know
retires
on
an
accidental
disability,
he
dies
eight
years
after
retirement
his
wife.
His
surviving
spouse
would
receive
right
because
the
presumptions
are
not
applicable
to
section
100.
C
A
I'm
gonna
touch
off
there,
mr
o'reilly,
because
I
think
we've
already
established
that
I
think
at
least
for
me.
I
don't
think
anybody
has
any
questions
on
that.
So
I
just
want
to
make
sure
that
questions
that
we
do
have
get
answered,
and
so
I
appreciate
the
explanation
for
the
section
100
survivor
benefits
as
it
applies
to
the
priority
list.
I
don't
know
if
counselor
edwards
has
any
other
or
further
questions
or
comments,
but
I'd
like
to
give
her
the
ability
to
finish
if
she
does.
A
Thank
you,
council
edwards.
Now
we're
going
to
go
in
order
of
arriving
the
retirement
board's,
not
here,
mrs
rodriguez.
I
want
to
just
thank
you
for
being
present
in
case
anybody
does
have
any
questions
for
you.
I
think
one
of
the
benefits
to
the
chapter
100
that
isn't
monetary
and
isn't
you're
something
on
the
on
the
priority
list
is
just
the
acknowledgement
of
the
sacrifice
that
your
husband
made.
A
E
And
first
I
just
want
to
say
to
you,
mrs
rodriguez,
I'm
very
sorry
you're
on
a
list
that
I
would
never
want
to
be
on,
and
I
can
probably
say
no
one
wants
to
be
on
so
just
to
state
that
first,
and
also
thank
you
to
the
chair
council
arroyo
for
being
so
dedicated
and
diligently,
making
sure
that
this
comes
back
to
the
council
floor.
I'm
looking
forward
to
being
able
to
vote
on
this
tomorrow
at
the
meeting
and
just
one
comment
to
mr
o'reilly.
Thank
you
for
your
clear
explanation.
E
There's
no
doubt
in
my
mind
that
you
know
your
husband,
mrs
rodriguez
died
in
the
line
of
duty.
So
thank
you
for
that
explanation.
I
know
like
after
9
11,
there
was
lots
of
you
know.
Years
later,
first
responders
were
dying
from
you
know,
effects
from
that
day
so,
like
you
said,
and
you
explained
greatly
that
there
is
no
doubt
that
his
death
was
a
result
of
him
going
to
work
that
day
and
keeping
our
city
safe.
So
thank
you
very
much.
E
F
Thanks
mr
chair,
thank
you
michael
o'reilly,
and
thank
you,
mrs
rodriguez,
for
being
here,
I'm
so
sorry
for
your
loss
and
the
sacrifice
of
your
family
and
glad
that
we're
able
to
hear
from
you
today
my
questions
are
just
technical,
so
that
I
can
understand
the
process
here.
What
is
the,
what
is
the
official
process
of
switching
from
section
9
benefit
to
section
100
benefit
if
I
could
get
a
little
bit
more
clarity
like
what
is
the
official
process
for
for
that
undertaking?
F
C
So
the
normal
route
and
thank
you
for
your
question
counselor
and
for
being
part
of
this
hearing,
so
the
normal
route.
If,
if
at
the
time,
as
I
explained,
you
know
she
had
no
idea
what
was
being
filed
on
her
behalf,
so
I
understand,
I
can
only
say
that
if,
if,
if
I
was
in
that
situation,
we
would
have
petitioned
the
retirement
board
right
from
the
get-go
for
a
section
100
and
went
that
route
and
wherever
you
know,
wherever
that
happened.
C
A
Let
me
just
if
I
can
just
butt
in
here,
mr
o'reilly.
I
think
the
question
is
the
process,
less
than
sort
of
the
circumstances
surrounding
it,
and
so
to
answer
that
question
specifically,
you
would
file
an
application
either
for
section
100
benefits
or
section
9
benefits.
In
this
case
there
was
an
application
filed
for
section.
9
benefits,
correct,
correct,
okay
and
then
the
way
that
process
works
under
both
of
those
situations
is
that
it
goes
to
the
retirement
board
which
we
had
invited
them.
A
They
are
not
here
today
the
retirement
board
would
have
issued
a
decision
in
this
case,
because
section
nine
benefits
were
requested.
They
issued
in
favor
a
decision
in
favor
of
applying
section
9
benefits
at
that
point.
If
the
board
motion
decision
moves
in
favor
of
whatever
is
being
requested,
a
section
100
or
a
section
9,
it
then
moves
to
the
public,
employee
retirement
administration,
commission
and
then
or
apparently,
or
per
ac
per
act.
The
pirate
gen
issues
a
decision,
and
if
perak
is
in
favor,
then
the
section
benefits
get
granted.
A
A
Route,
okay
and
so
that's
the
process,
specifically
so
less
about
what
happened
around
the
process.
But
just
in
terms
of
your
question
about
the
process
it
gets
filed
with
the
retirement
board,
the
retirement
board
then
issues
a
decision.
If
the
decision
is
in
favor
of
giving
them,
whichever
benefits
they
ask
for.
If
then
moves
to
the
public
employment
retirement
administration
commission,
then
they
issue
a
decision
and
if
that's
in
favor,
then
they
receive
those
benefits
right
so
towards
two
boards
sort
of
up
the
chain.
F
Understood
yeah,
so
I
guess
my
very
specific
question,
though,
is
that
benefits
were
granted
under
section
nine.
Now
benefits
are
being
sought
under
section
100.
What
would
be
the
administrative
process
not
before
us
right,
not
before
the
city
council?
What
would
be
the
administrative
process
to
achieve
benefits
under
section
100?
As
of
now?
Would
it
be
an
appeal
of
the
award
of
section
9,
or
would
it
be
a
new
application?
C
C
Okay,
so
so
section
9
and
100
do
the
do
the
same
thing
as
far
as
the
annuity
savings
account,
which
is
the
annuity
savings
account
is,
is
what
the
member
puts
into
the
system.
You
know,
just
like
all
of
you,
you
put
money
into
the
retirement
system,
the
money
that
you
actually
put
into
retirement
system
that
goes
into
what
they
call
your
annuity
savings
account.
Okay,
that
money
builds
up.
C
You
know
over
the
years,
so,
whether
it's
a
section
9
or
a
section
100
one
of
the
first
things
that's
done,
is
they
take
that
annuity
savings
account
and
they
they?
They
write
a
one-time
one,
lump
sum
payment
check
to
the
surviving
spousal
beneficiary
for
the
remaining
balance
of
that
annuity
savings
account
in
this
case,
because
he
died
active
in
in
the
line
of
duty.
It
would
have
been
the
whole
thing
you
know,
whatever
he
had
in
there.
Okay,
that's
the
same.
The
difference
is
so
number
one
under
section
nine.
C
C
So,
for
like
leroy
junior,
they
would
be
if,
under
the
section,
nine
is
there's
there's
no,
he
he
has
no
benefit
to
what
we
call.
You
know
survivor
benefits
to
for
coming
on
the
job.
From
a
financial
perspective,
the
difference
is
on
a
section:
nine.
The
widow
would
receive
72
percent
tax-free
for
the
rest
of
her
life.
C
Now
the
thing
with
section
nines
is:
you
have
to
section
nines
yeah,
so
section
nine
comes
after
most
of
your
section.
Nines
are
all
you
know,
members
who
died
from
either
like
hotline
or
cancer,
because
to
receive
a
section
nine,
you
have
to
die
from
what
you
retired
from
so
there's
very
few
people
who
go
off
on
knee
injuries
that
die
from
a
knee
injury,
a
matter
of
fact
there's
zero
right.
C
C
F
G
G
You
know
the
service,
the
the
pain,
the
sacrifices
of
of
our
dedicated
city
employees,
including,
and
especially
firefighters,
like
lieutenant
rodriguez
who
died
in
the
in
the
line
of
duty.
I
don't
have
any.
I
don't
have
any
questions
other
than
to
say
you
know
to
express
my
sympathy
to
the
rodriguez
family,
but
also
to
to
thank
them
for
their
service
and
sacrifice
to
all
our
country
and
to
our
city,
and
you
know,
obviously
I'm
voting
in
in
favor
of
this
tomorrow.
G
I'm
not
in
favor
of
this
100,
I'm
in
favor
of
the
of
this
200,
but
this
this
hearing
today
is
critical,
because
we
need
to
continue
to
work
on
these
issues
and
learn
as
as
much
as
we
can
so
just
want
to
say.
Thank
you
to
thank
you
to
you,
council
royal,
to
michael
at
718,
but
especially
to
mrs
rodriguez
and
the
in
the
rodriguez
family.
A
H
I
Thank
you
so
much,
mr
chair,
and
I
want
to
echo
the
thanks
to
the
rodriguez
family.
It's
the
greatest
loss
you
can
have
on
behalf
of
our
city,
and
I
think
we
all
feel
the
weight
of
that.
I
also
want
to
thank
the
chair
for
having
this
hearing.
I
think
you
know
this.
These
types
of
homeworld
petitions
when
the
council
backs
them.
I
Section
9
should
just
be
section,
100,
etc,
but
that
type
of
general
policy
thing
that's
up
to
the
state
legislature
and
and
we're
not
able
to
act
at
that
level.
So
I
think
that
for
the
council,
it's
important
to
be
clear
on
kind
of
what's
the
policy
that
we're
setting
today
and
and
for
myself
personally,
I
think
that
the
I
think
that
it's
a
clear
distinction
and
one
that
we
can
keep
right,
one,
that
if
we
were
to
see
the
situation
again,
I
think
that
the
council
would
feel
similarly
moved.
I
I
do
think
it's
important
to
recognize
that
to
count
to
the
point
of
counselor
louis
jen's,
questioning
like
we
are,
we
are,
as
a
council,
in
some
sense
substituting
our
judgment
for
the
retirement
board's
judgment.
In
this
case,
the
retirement
board
hasn't
been
asked
to
rule
on
the
section
100,
but
we
are
kind
of
jumping
in
ahead
of
them
and
saying
this
is
you
know
for
us?
I
I
think
we
just
need
to
be
clear
about
that,
but
but
I'm
certainly
prepared
to
support
this
petition
tomorrow,
and
I
I
don't
have
any
any
questions.
I
just
want
to
thank
you,
mr
rodriguez,
for
being
with
us
today
and
and
express
my
condolences
for
your
loss
and
and
definitely
my
fingers
crossed
for
leroy
jr
and
thanks
mike
as
well
for
representing
the
family.
Thank
you,
mr
chairman.
A
A
A
I
don't
want
you
to
feel
pressured
to
say
anything
if
you
would
rather
not,
but
I
am
grateful
that
you
are
here
and
I
am
thankful
that
you
were
willing
to
sort
of
stick
out
this
process.
I'm
sure
it
has
been
emotionally
difficult
to
sort
of
want
this
remedied
and
to
go
through
this
process,
and
I
can't
speak
to
the
legislature
and
how
long
that
process
may
take.
D
A
Is
over
to
make
sure
that
that
everything
that
we
can
do
to
assist
in
that
when
it
when
it
hopefully
gets
there
is
done,
but
I
I
would
like
to
give
you
the
floor.
If
you
have
any
comments
that
you
would
like
to
make
at
all
and
again,
don't
feel
pressured
to
make
any
if
you
would
rather
not
you
can
you
can
just
not
so
thank
you.
J
K
To
hear
this
case,
as
is,
is
so
greatly
appreciated
from
everyone,
but
I
do
want
to
answer,
or
at
least
to
my
knowledge
of
my
understanding
of
all
this
section,
the
different
types
of
section
for
the
retirement
board
counselor
edward
made
a
one
of
her
question-
was
the
reference.
The
difference
between
you
know
the
that
the
doctor
on
the
medical
board
indicated
section
9
versus
section
100..
K
The
way
that
I'm
reading
the
fact
that
the
retire
or
the
wellness
program
went
ahead
and
just
did
section
9,
I'm
reviewing
these
documents,
as
if
the
doctor
just
referenced
section,
nine
and
nothing
but
section
nine,
so
she
went
ahead
to
award
what
was
submitted.
What
she
had
in
her
hand.
I
think
honest.
I
think
that
if,
if
the
uni,
if
the
wellness
program
or
department
would
have
went
ahead
and
submitted
section
100
from
the
get-go,
then
that
would
have
automatically
have
been
stated
section
100.,
that's
how
I'm
reading
it.
K
So,
with
that
being
said
to
answer
city
councilor
edward,
yes,
I
see
that
the
doctor
just
put
section
nine,
but
that's
what
was
presented
to
the
doctor
at
that
time.
So
what
so?
If
if,
in
fact
the
board
would
have
submitted
the
paperwork,
the
way
that
it,
I
guess,
the
way
it
should
have
been,
which
is
section
100
and
then
work
our
way
down
if
need
be,
then
yes,
I
could
see
why
this
this
huge
discrepancy
of
the
difference
between
section
9
and
section
100.
K
I
personally,
I
had
no
clue
what
the
sections
were.
There's
three
different
retirement.
I
have
no
clue
who,
but
they
were.
I
am
just
learning
all
of
this
process,
so
if
I
would
have
known
then
what
I
know
now,
I
would
have
asked
the
board
from
right
from
the
beginning
no
submit
section
100,
because
let's
work
our
way
down,
if
that
gets
denied,
then
okay,
we
get
section
nine,
whatever
the
case
may
be,
and
then
we'll
appeal,
but
in
this
case
we're
now
working
our
way
up
versus
or
what
we're
trying.
K
A
Thank
you,
ms
rodriguez,
and
I
do
appreciate
the
context
that
that
letter
was
written
based
on
the
application
for
section
nine
and
thus
the
reference
to
section
nine,
because
they
were
making
a
determination
as
to
that
specific
application.
So
I
do
appreciate
sort
of
having
that
on
the
record
as
well.
One
thing
I
would
like
on
the
record
before
I
adjourn
is
that
there
will
be
a
small
amendment
to
what's
in
front
of
you.
Currently
the
title
of
the
petition
says
retirement
benefits
enact,
granting
certain
retirement
benefits.
A
It's
actually
going
to
change,
to
an
act,
granting
certain
death
benefits
to
the
widow.
So
it's
just
one
change.
It
takes
the
word.
Retirement
replaces
it
with
the
word
death
so
that
the
title
better
indicates
what
is
happening
here
and
so
tomorrow,
you'll
be
seeing
an
edited,
amended
version.
That
is
what
the
amendment
version
will
say.
Thank
you
to
both
of
you.
Thank
you,
mr
rodriguez.
Thank
you
to
your
family
and
everyone
who
is
deeply
impacted
by
the
passing
of
firefighter
rodriguez.
I
I
speak.
A
I
think,
on
behalf
of
the
city
of
boston,
frankly
with
our
gratitude
for
the
work
that
he
has
done
and
the
work
that
our
first
responders
do.
This
is
certainly
a
risk
in
terms
of
folks
who
respond
to
fires,
folks,
who
respond
to
events
where
it
could
be
a
life-changing,
in
fact,
life-ending
experience,
and
it's
certainly
a
risk
that
we
don't
take
lightly.
A
A
I
do
hope
he
sticks
with
it,
and
I
do
hope
that
we
get
this
before
that
that
time
hits,
and
so
this
will
be
up
tomorrow
for
a
vote,
it
will
have
an
amended
version
that,
instead
of
retirement
benefits,
will
say,
death
benefits
to
make
it
very
clear,
and
so
I
thank
the
council
for
their
diligence.
I
thank
them
for
attending
today
and
for
being
sure
to
look
this
over
and
give
this
the
the.
A
C
A
A
I
will
essentially
summarize
what
took
place
here
today,
what
took
place
in
september
and
how
we've
gotten
to
where
we've
gotten,
but
neither
one
of
you
needs
to
participate
in
any
way
and
then
I
will
connect
with
both
of
you
regarding
sort
of
the
next
step,
which
is,
it
then
has
to
get
signed
by
the
mayor
and
then
once
the
mayor
signs
it.
It
goes
over
to
the
house
and,
I
believe,
rob
gonsalvo
representative
arkansas
was
agreed
to
take
this.