(CORRECTED MINUTES)

A Public meeting of the Corrections Officer Retirement Plan Local Board for the Department of Corrections was convened, Tuesday, May 24, 2005, at 9:00 a.m., in the Human Services Building, 1831 West Jefferson, Second Floor Conference Room, Phoenix, Arizona.

Present at the meeting were the following individuals:

Absent:

I. Call to order - Local Board meeting called to order by P. Scherden, Chair, at 9:10 a.m., Tuesday, May 24, 2005.

II. Approval of Minutes

a. March 24, 2005, Public Session Minutes - Tabled pending correction of Section VII (a). Minutes will be corrected and submitted for approval at the next meeting. Correction made and motion for approval was made by M. Smarik. Seconded by R. Burgher. Approved.

b. April 21, 2005, Public Session 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).

a. #04-02 - Application - A motion was made by R. Burgher to deny the applicant’s request for disability retirement. Seconded by M. Smarik. In Dr. Bevan’s initial evaluation conducted July 21, 2004, he recommended that the applicant be treated for at least eight additional months, to include thirty weeks of PTSD group treatment, before rendering a final decision as to the applicant’s ability to perform the necessary job functions of a corrections officer. A second independent medical evaluation conducted by Dr. Bevan on April 12, 2005, was received and considered by the Local Board. Upon review of this evaluation, it was determined the applicant meets the criteria for an Accidental Disability. The Chair called for the original motion to be withdrawn and a new motion put forth. J. Hood motioned the board approve an Accidental Disability benefit with a one year re-evaluation requirement. Seconded by R. Burgher. Unanimously approved.

IV. 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 (11) Normal Retirement Applications (a - k) was made by J. Hood. Seconded by M. Smarik. Unanimously approved.

a. Michael M. Baldenegro

b. Kendall D. Carryer

c. Jean M. Christy

d. Gary L. Clever

e. Alex Dudash

f. Ronald J. Gaarder

g. Roy S. Knouse, II

h. Larry A. Linden

i. Robert M. Samson

j. Jack C. Spafford

k. Leonard R. Williams

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. John W. Malone (Cecile) - A motion for approval was made by R. Burgher. Seconded by M. Smarik. Unanimously approved.

VI. Guardian Child(s) Benefit - The Local Board may consider and vote on the following applications for Guardian Child(s) Benefits in the public meeting or defer decision to a later date.

a. Stephen J. Tarin - (Stephen J. Tarin) - Tabled - Pending written clarification from the Fund Manager regarding interpretation of CORP Statutes relating to eligibility. The Local Board considered a letter submitted by J. Nielsen, Interim Director, Public Safety Personnel Retirement System, providing the Fund managers interpretation of A.R.S 38-904 relating to payment of the Death Benefit. Mr. Nielsen believes that regardless, a blood relative (spouse or child) takes governance over a designated beneficiary and, therefore, feels that benefits should be held for Stephen Tarin Jr. until he becomes a full-time student or reaches the age of 23 which ever comes first. Pam explained that this appears to be in conflict with how A.R.S 38-904 (B) reads, pointing out that the Statute is not vague but clearly states “...terminates on the adoption or the attainment of eighteen years of age unless the child is a full-time student under twenty-three years of age ...” Since it appears that the Fund Manager is interpreting this statute so differently, Pam recommended that the Board request the Fund Manager to open up the statute and make appropriate changes to the language to make the intent of the statute more clear. Perhaps changing the verbiage to read “...is or shall become up until age twenty-three...” J. Hood requested that a letter, from the Board, be drafted to the Fund Manager regarding this recommendation. As a result of the discussion, J. Hood amended his prior motion for approval and moved that payment of a lump sum distribution to the designated beneficiary be withheld pending attainment of age twenty-three by Stephen J. Tarin, Jr. and that the board consider approval of benefits to Stephen J. Tarin, Jr. upon receipt of evidence that he meets the statutory requirements for being a full-time student. A letter will be sent to the applicant informing him of the Board current decision to deny benefits due to the fact that proof of full-time student status has not been received and that a new application will be considered upon receipt of this status from the applicant. Seconded by R. Burgher. Unanimously approved.

VII. Request to Remain in ASRS/CORP - The Local Board may consider and vote on the following Waivers in the Public Meeting or defer decision to a later date.

a. Idalia Alicia (CORP) - Tabled. A motion was made to remove this item from the table by R. Burgher. Seconded by M. Smarik. A motion was made to deny the request to remain in CORP by R. Burgher. Seconded by M. Smarik. Discussion followed regarding the fact that this employee was placed into a non-designated position due the fact that she can never return to a CORP designated position. As a result, the Board deemed that the employee’s current position is not a temporary placement and, therefore, does not be meet the criteria of being “temporarily filled” as stated in A.R.S 38-391 (E).

b. Shawn O’Connor (CORP) - Tabled. M. Smarik stated he had not received a response to his letter to the Attorney General’s Office regarding their definition of “transfer between state agencies.” M. Smarik informed the Local Board that he would follow-up on this request prior to the next board meeting. Tabled.

c. Donna Anderson - (ASRS) - A motion was made to table this request until verification is received on her current credited service with ASRS. Seconded by J. Hood. Approved. Tabled.

d. Ricky D. Lewis - (ASRS) - A motion was made to approve the request to remain in ASRS by M. Smarik. Seconded by R. Burgher. Approved.

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 78580 - Corrl Substance Abuse Counselor - Lu informed the Local Board that this 302 was originally classified as a Program Project Specialist I and was changed to a Correctional Substance Abuse Counselor, class code 78580. Pam stated in the March Local Board Meeting the Correctional Substance Abuse Counselor Supervisor was not approved as a CORP designated position. The board members reviewed the approved CORP designated positions listed in statute and determined this position did not fall within any of the series. A motion was made by R. Burgher to deny class code 78580, Correctional Substance Abuse Counselor, as it did not fit the statutory requirements that the Local Board is forced to operate under. Seconded by J. Hood. Denied.

b. Class Code 73115 - Program Proj. Specialist II - Pending - At ADOA as of 3/17/05 - Tabled. Lu stated the latest information received from Personnel is that this 302 is currently at ADOA for a process level change. Pam requested the Board Coordinators research as to where this position stands with ADOA prior to the next board meeting. Tabled for clarification.

IX. Call to Public

The Chair adjourned the meeting at 11:34 a.m.

Transcribed this 16th day of June 2005.

_________________________________________
Karen Ray, CORP Board Coordinator

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