MINUTES OF PUBLIC MEETING
FOR CORRECTIONS OFFICER RETIREMENT PLAN LOCAL BOARD
ARIZONA DEPARTMENT OF CORRECTIONS 

A Public meeting of the Corrections Officer Retirement Plan Local Board for the Department of Corrections was convened, Wednesday, September 28, 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:

 

Pat Scherden, Chair Member               Lu Mc Lendon, Secretary

Bennie Rollins, Board Member             Karen Ray, Board Coordinator

Pam Christofferson, Board Member

Ralph Burgher, Board Member

 

Absent: Jeff Hood, Board Member 

Also present:    James Hacking, Administrator, Public Safety Personnel Retirement System (PSPRS)

 James Nielsen, Asst. Administrator, PSPRS

 Brian Luse, Assistant Attorney General   

  

I.                Call to Order - Local Board meeting called to order by P. Scherden, Chair, at 9:03 a.m., Wednesday, September 28, 2005.

II.        Approval of Minutes 

a.         August 25, 2005 Public Session Minutes - Motion for  approval was made by B. Rollins.  Seconded by R. Burgher.  Minutes Approved.

 

III.      Pending Board Assignments - The Local Board may consider and vote on the following Board Assignments in The Public Meeting or defer decision to a later date.  The Local Board may vote to discuss these assignments in Executive Session to obtain legal advice pursuant to A.R.S. 38-431.03  (A)(3).

 

a. Definition of ATemporary@ and what constitutes a ATransfer@ - Fund Manager - The Local Board discussed with the Fund Manager the language on the Request to Remain in CORP form, C20, and determined it not to be in harmony with the A.R.S. 38-891, subsection E.  Mr. Hacking offered his observation stating the statute is controlling to the extent that if there is any disagreement between the language of the form and the language of the statute, the statute controls.  He suggested the language of the form be amended to bring it into conformance with the statute and stated the Fund Manager will undertake the revision of the form.  This action is in agreement with the Attorney General=s representative.  P. Christofferson stated she will work with the board coordinators on the revision of the letter to the members which will include the board=s recommendation to add the sentence stating the board reserves the right to review their decision under 38-891.  A draft copy of the revised letter will be submitted to the board for approval at next month=s meeting.

IV.       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).  EXECUTIVE SESSION: 9:35 a.m.

 

PUBLIC SESSION 9:40 a.m.

 

a.                   #01-05 - Application -  Based upon the medical opinion from psychiatrist, Dr. Leet, the Board determined that the applicant does meet the criteria, as established by A.R.S 38-886, for  Accidental Retirement benefits.  A motion for approval was made by R. Burgher.  Seconded by B. Rollins.  Unanimously approved.

 

V.        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 (9) Normal Retirement Applications (a - i) was made by R. Burgher.  Seconded by P. Christofferson.  Unanimously approved.

 

a.         Kenneth O. Ellsworth

b.                  Billy J. Flores

c.                   Kevin C. Haertel

d.                  Richard C. Holguin

e.                   James A. Lucas

f.                    Arthur A. Manzanedo

g.                   Robert C. Patton

h.                   Edward Queen

i.                     Kenneth J. Tickle

 

VI.       Survivor Benefit - The Local Board may consider and vote on the following applications for the Survivor Benefits in public meeting or defer decision to a later date.  A motion to approve the following (3) Survivor Benefits for applications (a - c) was made by B. Rollins.  Seconded by R. Burgher.  Unanimously approved.

 

a.         Margarita C. Castro (Robert)

b.         Arthur W. Krause II,  (Michael Krause, minor child)

c.         Bruce L. Maynard (Brenda)

 

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.

 

A motion to remove items (a. and b.) from the table was made by P. Christofferson.  Seconded by B. Rollins.  Unanimously approved.

 

a.         Vincent J. Dolce (CORP) - Tabled.  A motion for approval was made by R. Burgher for Mr. Dolce to remain in CORP while temporarily filling, as per statute, a non-designated CORP position.  Seconded by P. Christofferson.  Unanimously approved.