A Public meeting of the Corrections Officer Retirement Plan Local Board for the Department of Corrections was convened, Thursday, October 21, 2004, 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:

Nolan Thompson, Chair
Bennie Rollins, Board Member
Mike Smarik, Board Member
Lu Mc Lendon, Board Secretary
Diann Weiss, PAS
Karen Ray, Board Coordinator

Absent: Jeff Hood, Board Member

Patrick Scherden, Board Member

I.  Call to Order - The meeting of the Corrections Officer Retirement Plan Local Board was called to order by Chair, N. Thompson, at 9:05 a.m., Thursday, October 21, 2004.

a. Approval of the September 23, 2004, Public Meeting Minutes. - A motion for approval was made by M. Smarik. Seconded by B. Rollins. 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).

a. 04-03 - Application pending - The Chair stated several documents were missing, such as, the hospital records from the initial visit to the emergency room, all of the records from the doctors visits, treatment the applicant has been receiving and the pre-employment physical. The applicant needs to supply all of this information. The Chair requested the secretary send the applicant a letter requesting all of this information and when it has been received, the case will go on the agenda and then the applicant can appear before the Board to discuss their case. The Chair stated the Board did not have enough information, at this time, to make a determination on this disability.

lV. Retirement - 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 fourteen (14) Normal Retirement Applications (a - n) was made by B. Rollins. Seconded by M. Smarik. Unanimously approved.

a. Christina D. Casillas

b. Richard A. Davis

c. Owen D. Doster

d. Hector M. Eribes

e. Gilberto E. Fuentes

f.  Julie A. Harris (no signed C-12) - The signed C-12 arrived late and is attached.

g.  Gary R. Helms

h.  Willie M. Jimenez (no signed C-12) - The C-12 arrived in our office on 10/20/04 and is attached to the application.

i.  Gary T. Kelley

j.  Charles A. Lopez

k.  Juan H. Montelongo

l.  Michael J. Sweeney

m.  Robert J. Vitolo

n.  Francis B. Wills

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. Joe M. L. Mariscal (Patricia) - A motion for approval was made by M. Smarik. Seconded by B. Rollins. Unanimously approved.

a.  Operating money for Pre-retirement Seminars - The Chair stated the CORP administrative office needs to have some operating money for seminar supplies. HR/D is currently paying for the seminar packets and Diann Weiss, PAS Administrator, stated she will continue to pay for the packets to be professionally done but, for the pens and other "give-away" items, she will need more money allocated to her budget. Travel to and from the seminars was also discussed and D. Weiss is working with Pam Tenney on this issue. M. Smarik stated that he would check the ability for us, as a state agency, to pay for "give-away" items; such as, a CORP pen. B. Rollins asked how many people attend the seminars in a year and Karen Ray responded, approximately 30 a month. It was decided that four hundred pens would be sufficient. M. Smarik requested, in addition to the pens, a list of what other kinds of items we would want to distribute at the seminars. K. Ray stated from the surveys received from the seminars, attendees request coffee, refreshments, donuts, etc. The Chair suggested asking Public Safety if they have money to allot to the Local Boards to help with the cost of putting on these seminars. Diann reminded the board members that we are currently working on producing a DVD and video for people to check out. However, we would still give them a pre-retirement seminar packet. The Chair and board suggested we still hold live seminars and it was decided we would continue to hold live seminars twice a year; one for the northern region and one for the southern region. B. Rollins stated that the staff look forward to attending the seminars when they get close to their retirement date. He also thought the DVD was a good idea for a cost saving measure and the time it takes for the office to put on a live seminar every month. M. Smarik asked how we announce where the seminars are being held. K. Ray stated the schedule is posted on the internet and the intranet. The schedule is also posted on the employee bulletin boards within the institutions. It was suggested that the schedule for 2005 also be posted in the Department’s newsletter, ADC Post. The Chair requested D. Weiss contact Public Safety regarding the possibility of seminar funds and M. Smarik stated he will have Judy Kilgus check with the General Accounting office regarding the rules for "give-away" purchases.

b.  Overview of Public Safety Conference for Local Boards - The Chair provided an overview of highlights from the October 15 Public Safety Conference for the CORP Local Boards and provided the following suggestions which the Board may want to implement from Mr. Ron Snodgrass’s presentation.

1. In harmony with the Open Meeting Laws, board members may want to limit conversation and emails regarding meeting procedures.
   
   

2. The board members may adopt rules and regulations for the board, as long as they are not in conflict with the statutes.
   
   

3. The Chair recommended scheduling Mr. Snodgrass and the Open Meeting Law presenter to do a presentation for the board members. Suggested this take place in January when the newly elected board member is present.
   
   

4. Per Mr. Snodgrass, the Chair suggested the board adopt the practice of always having an attorney present when entering into executive session and avoid executive session, if at all possible, unless they are seeking legal advise.
   
   

5. The Chair provided the following understanding of Mr. Snodgrass’s presentation regarding medical evaluations for disability applicants. The Chair stated, "The applicant needs to give the board everything that they need. The applicant needs to supply all of their information, then the board needs to decide if the case has merit and schedule them for an independent medical evaluation (IME)." He further stated, "We need to look at all the records first." "The way the board operates now is we schedule them for an IME, then the board looks at the documentation." M. Smarik asked if the board can approve a disability retirement without having an IME. The Chair stated, "Yes, if we get all the medical records and it meets the disability criteria, we do not have to send them for an IME and the board can make a decision." "It’s the board’s decision to determine if the member has met the criteria, under statute, and by medical evidence." "The board can not look at any other reasons other than medical records and if the person meet the criteria under the statute." "You can not look at if the person can hold another job, get social security or if they have lots of time to cover them." M. Smarik pointed out section F and questioned if the local board can approve or disapprove a disability without sending the applicant for an IME. M. Smarik suggested the local board ask the Attorney General’s Office for a reading on the statute.
   
   

A motion to adjourn at 10:12 a.m. was made by M. Smarik. Seconded by B. Rollins. Approved.

Transcribed this 22nd day of November 2004.

_________________________________________
Karen Ray, CORP Board Coordinator

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