ARIZONA DEPARTMENT OF CORRECTIONS

A Public meeting of the Corrections Officer Retirement Plan Local Board for the Department of Corrections was convened, Tuesday, February 22, 2005, at 9:00 a.m., in the Occupational Licensing Building, 1645 West Jefferson, Fourth Floor Conference Room, Phoenix, Arizona.

Present at the meeting were the following individuals:

The following individuals were absent: Jeff Hood, Board Member

I. Call to Order - Local Board meeting called to order at 9:15 a.m., Tuesday, February 22, 2005.

II. Approval of Minutes

a. Approval of the January 27, 2005, Public Meeting Minutes. - A motion for approval was made by R. Burgher. Seconded by M. Smarik. Approved.

III. Disability Retirement - The Local Board may consider and vote on the following disability applications. The Board may defer decision to a later date. The Local Board may vote to discuss these applications in Executive Session pursuant to A.R.S 38-431.03 (A)(2) and obtain legal advice pursuant to A.R.S 38-431.03 (A) (3).

lV. Normal Retirements - The Local Board may consider and vote on the following applications for Normal Retirement in public meeting or defer decision to a later date. A motion for approval of the following (10) Normal Retirement Applications (a - j) was made by B. Rollins. Seconded by M. Smarik. Unanimously approved. Lu stated William V. Dyke' s signed C12 was missing. Motion was amended by B. Rollins for approval contingent upon receipt of the applicant' s signed form C12 being received by the Local Board Coordinators and signed by the Board' s secretary. Seconded by M. Smarik. Unanimously approved.

a. Richard A. Culp

b. Gayle R. Durham

c. William V. Dyke

d. Pablo Hernandez

e. Roger C. Hiestand

f.  Kenneth D. Lucas

g. Manuel H. Macias

h. Robert C. Reif

i.  Frank J. Romero

j.  William G. Wood

k. James Nielsen and Tracey Peterson, representatives from Public Safety Personnel Retirement System, arrived for the meeting.

V. Survivor Benefit - The Local Board may consider and vote on the following applications for Survivor Benefits in public meeting or defer decision to a later date. A motion for approval of the following two (2) survivor applications (a-b) was made by M. Smarik. Seconded by B. Rollins. Unanimously approved.

a. Arthur E. Gooch (Diana)

b. Harry Sachs (Leslie)

VI. Death Benefit - The Local Board may consider for the record the following application for Death Benefit in public meeting or defer decision to a later date.

Patricia P. Retterbush (Lance, Teresa, Viki & Tricia Retterbush & Alverta V. McKenzie) - Noted for the record.

VII. Request to Remain in ASRS/CORP - The Local Board may consider and vote on the following Requests to Remain in ASRS/CORP in the Public Meeting or defer decision to a later date. The Local Board may vote to discuss these applications in Executive Session pursuant to A.R.S. 38-431.03 (A)(2) and obtain legal advice pursuant to A.R.S. 38-431.03 (A)(3). A motion to enter Executive Session was made by M. Smarik. Seconded by B. Rollins. EXECUTIVE SESSION:

PUBLIC SESSION 9:45 A.M.:

Brian Luse requested, prior to next meeting, that the Board provide him with a list of questions and concerns regarding waivers and member' s rights. Brian requested that this list be provided to him through Mark Wilson, Attorney General' s office. This will allow Mr. Luse time to research prior to the next board meeting. M. Smarik volunteered to author some questions to send to the Attorney General' s office.

a. Shawn O' Connor (CORP) - Waiver approved by Local Board 08/26/04 is again before the Local Board as requested by the Fund Manager due to the fact that they want the Local Board to rescind the approval of this waiver based upon the Fund Manager' s belief that it does not meet the criteria of the A.R.S. statute 38-891 subsection E. James Nielsen does not believe Mr. O' Connor' s appointment was truly a transfer to temporarily fill a position as stated by statute. A motion for approval was made by M. Smarik to remain in CORP. Seconded by R. Burgher. Discussion followed with M. Smarik stating it would behoove the Local Board to get legal written advice from the Board' s attorney and give them a chance to actually review the statutes and do some research before making a decision on Mr. O' Connor' s waiver. A motion to rescind and table the waiver until the Board receives legal clarification from Brian Luse.

Charles Flanagan (CORP) - M. Smarik made a motion the Board approve the waiver request for C. Flanagan to remain in CORP. Seconded by R. Burgher. M. Smarik stated this individual has 19 years in CORP with one more year to go to qualify for retirement. He felt that in this kind of a situation, it would be considered a temporary transfer into a non-designated position. B. Rollins agreed but, then he stated there is the issue about to what becomes temporary as stated by A.R.S. Section 38-891, subsection E, will surface and needs to be clarified for the Local Board in order to make future decisions. Lu stated that just because he' s eligible doesn' t mean he' s going to retire. P. Sheridan stated that the Attorney General' s office is not going to give us an answer as to what temporary means. M. Smarik agreed and felt that it is for the Board to determine and there is reluctance to approve any of the waivers until the Board receives a definition from the Attorney General' s office. M. Smarik stated the Board should probably table all of the waivers and put them on the agenda for the next month' s meeting. At that time the Board can make decision on what it believes to be the definition of temporary for these types of actions. M. Smarik made a motion to table section seven (a - d) until next month' s meeting. Seconded by B. Rollins.

a. Shawn O' Connor (CORP) - Tabled.

b. Charles Flanagan (CORP) - Tabled.

Jerome Duplechin (CORP) - Tabled.

d. Gary Phelps (ASRS) - Tabled.

VIII. General Discussion - The Local Board may consider and vote on the following Job Classifications in Public Meeting or defer decision to a later date.

a. Class Code 07066 - DC Workforce Dev. Admr. - Pending. M. Smarik motioned the Local Board deny this as a CORP designated position as it does not meet the designated position list in the statute. Seconded by B. Rollins. Approved.

b. Class Code 07072 - DC Substance Abuse Counselor Spvr. - Pending. M. Smarik motioned the Local Board approve this as a CORP designated position. Seconded by B. Rollins. Discussion followed with B. Rollins stating a vast majority of the duties are supervising program activities of subordinate staff out in the field. The title is different but equivalent to a Correctional Officer IV. M. Smarik asked Diann Weiss if ADOA would take a suggestion on changing the title to make it fit into the category of program officer. Diann stated Personnel is now taking a look at the classification titles prior to submission to ADOA. Diann suggested the Board table these classifications for another month because Personnel is working with ADOA on a couple of other classifications, just to try and be consistent with the way we are doing business. B. Rollins motioned to table until further clarification. Seconded by M. Smarik. Tabled.

c. Class Code 07080 - DC GED Examiner - Pending. M. Smarik motioned the Board approve this class as a CORP designated position. Seconded by B. Rollins. Discussion followed with B. Rollins stating that the 302 indicates to establish the position as an uncovered temporary. Diann stated it is funded by a grant. B. Rollins stating this position is basically a teacher position dealing with the inmate population. M. Smarik stated the Board discussed this last month and this position needs the classification title to be changed in order to have it fall within the teachers series of classifications. If a division wants a position to fall under CORP then they need to review the CORP job classification list prior to naming the position. Tabled.

d. Class Code 73114 - Program Proj. Specialist I & Class Code 73115 Program Proj. Specialist II. Ralph Burgher motioned to approve Class Code 73114 & 73115 as CORP designated positions. Seconded by M. Smarik. Discussion followed that these positions are substance abuse counselors previously established under the title of CO III. Diann stated that Personnel is trying to get ADOA to fix titles to better reflect job duties . Tabled for further clarification.

e. Class Code 07083 - DC Community Corr. Admin. - B. Rollins motioned the Board approve this class as a CORP designated position. Seconded by M. Smarik. Approved.

f. Class Code 07103 - DC Community Corr. Program Admin. - B. Rollins motioned the Board approve this class as a CORP designated position. Seconded by M. Smarik. Approved.

g. Class Code 06310 - DC Divisional Director (Offender Ops.) - This Class is on the CORP Job Classification list as a ADC Deputy Director' s position, a CORP Class by A.R.S. -Diann stated this position is tentative as it is still going through ADOA for final approval. M. Smarik motioned the Board approve this class code along with 05268 as non-designated CORP positions. Lu stated the positions have already been approved as CORP designated positions. Seconded by B. Rollins. Discussion followed with M. Smarik stating these positions are in the process of being reclassified. We are sending them to ADOA to be reclassified so what the Board is looking at are those titles, not the class code. Lu asked M. Smarik how we are going to get the class codes off the list. M. Smarik stated the class codes will remain on the approved job classification list as there will be new class codes established for DC Divisional Directors. Class codes 06310 and 05268 will remain as CORP designated positions. M. Smarik stated what the Board is voting on are the new job classification title of DC Division Director. M. Smarik stated he was withdrawing his previous motion and making a new motion. B. Rollins also withdrew his second. M. Smarik made a new motion. He moved that the classification of DC Divisional Director of Offender Operations and DC Division Director be classified as non-designated job class codes (positions) with the final class codes being established by ADOA upon completion of their review. Seconded by B. Rollins. Approved.

h. Class Code 05268 - DC Division Director - This class is on the CORP Job Classification list as a ADC Assistant Director of Admin. Services, a CORP Job Class by A.R.S. - Tabled pending final decision by ADOA.

i. Class Code 04807 - DC Division Director (New Class Code) - M. Smarik motioned the Board approve this class code as a non-designated CORP position. Seconded by B. Rollins. This position was previously established by ADOA as a non-designated position and the Board is providing formal recognition. Approved.

j. Getting Ready to Retire Brochure - Diann Weiss - Distributed the draft outline to the Board members for review and comments.

M. Smarik stated at one point last meeting the Board members had discussed looking at the listing of designated classifications and whether we had people in those positions anymore. There are some classifications that we no longer have anyone in them and haven' t had for a long time. M. Smarik asked if at next month' s meeting we could take a look at those positions and remove them from the list and clean up the CORP job classification listing. The Chair requested this be placed on the agenda for next month. Diann stated she will provide the clean-up list to the Board members, Lu and Karen.

IX. Call to Public

The meeting was adjourned at 10:35 a.m. by the Chair, P. Scherden.

Transcribed this 15th day of March 2005.

_________________________________________
Karen Ray, CORP Board Coordinator

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