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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, May 23, 2007, at 9:00 a.m., in the Human Services Building, 1831 West Jefferson, Second Floor Training Room, Phoenix, Arizona.

 

Present at the meeting were the following individuals:

 

Patrick Scherden, Chair Member Matthew Proto, Board Member Ralph Burgher, Board Member Dan Gannon, Board Secretary

Bennie Rollins, Board Member Mary Turner, Benefits Coordinator

 

I. Call to Order – Local Board meeting called to order by P. Scherden, Chair, at 9:00 a.m.,

Wednesday, May 23, 2007.

 

II. Approval of Minutes – A motion for approval of Tuesday, April 24, 2007 Public Meeting Minutes was made by M. Proto and seconded by R. Burgher . Approved unanimously.

 

III. Disability Retirement – Appellant’s Reply Brief for the appeal of #06-01 was received May 4, 2007 . The Oral Arguments were conducted on May 9, 2007. The Superior court ruling in favor of the Defendant (the Board) was received May 10, 2007. The Board saw no reason to enter into Executive Session to discuss details of the briefs. For the record, the Chair wished to express his appreciation to Brian Luse, Office of the Attorney General, for the "outstanding job, both in the written briefs and his oral argument and…to commend him for a job well done."

 

IV. Normal Retirements – The following applications were presented for consideration of retirements effective May 1, 2007. A motion to approve items 1-8 was made by R. Burgher and seconded by B. Rollins. Discussion: Secretary identified items 6 and 8 as completed applications awaiting final signatures on only the C12 forms. These may be approved contingent upon receipt of the C12s.

 

1. Edwin L. Boers

2. James E. Fought

3. Jim Martinez

4. Marvin Moses

5. Robert A. Schmidt

6. Mark E. Westfall

7. Frederick D. White

8. Roy R. Williams

 

V. Request to Remain in ASRS/CORP – The following applications were presented for consideration. R. Burgher made a motion to approve items a-c, with intent to discuss item d. B Rollins seconded. Approved unanimously. Discussion:

 

Public Meeting Minutes

May 23, 2007

Page Two

 

R. Burgher asked B. Rollins to expound on the requirements of the position held by Mr. Siel (item d). B. Rollins stated that work-based education at locations such as Arizona Correctional Industries (ACI) or the Central Office involves program supervisory positions created for hands-on with inmates. Because industries are based on inmate labor education and training, it makes it difficult to remove these employees from that aspect of the position. This position is work-based education. There will be time spent traveling to and from units and worksites. There will be substantial inmate contact. R Burgher made a motion to approve item d. Seconded by M. Proto. Approved unanimously.

 

Luis D. Araiza (ASRS)

Louise Lannin (ASRS)

Tixoc Munoz (CORP)

Hal R. Siel (CORP)

General Discussion – The following survivor benefit was discussed:

Dennis Mignault – suspension of survivor benefit to daughter Denise Mignault (guardian, Joan Hopper). Secretary shared an email from Public Safety describing questionable history of eligibility for Denise. Specifically, she has been registered for the same classes for three consecutive semesters. Additionally, Ms. Mignault dropped one course in the Fall of 2006, making her ineligible for full-time student status. As such, she would also be ineligible for a benefit. Ms. Mignault was mailed forms to establish her own guardianship, as she is no longer living with Ms. Hopper. Ms. Mignault was also called and informed on April 24, 2007 that a fax of her receipts and transcripts would be mandatory in order to retain continuity of her survivor checks. A follow-up call was made May 18, 2007. No documents have been provided. The checks have continued to be paid.

R Burgher moved to suspend payments to Ms. Hopper until such time as Ms. Mignault provides the Board proof of full-time student status for the present and the past year, effective immediately. M Proto seconded. Discussion: B. Rollins asked why Ms. Mignault continued to receive benefits and if she was compliant in providing proof the past 3 semesters. Secretary reviewed the requirements established by the present Benefit Coordinators. Full-time students are asked to provide transcripts/receipts to CORP in August and December in order to prevent interruption of benefits. At a minimum, she provided transcripts to PSPRS, albeit the same courses each semester. The Chair questioned the motion in that, if Ms. Mignault were to apply for own guardianship, her eligibility might continue. As a result, R Burgher made a motion to amend original motion to include the requirement that if Ms Mignault does apply to become her own guardian, she must also remain a full time student. Seconded by B. Rollins. Approved unanimously.

 

IX. Call to Public – No items.

 

Meeting adjourned at 9:23 a.m.

Transcribed this 24th day of May 2007.

 

_______________________________________
Dan Gannon, Board Secretary


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