Loading...
HomeMy WebLinkAboutMinutes - Corrections Officer Retirement Plan Board - 9/13/2007 MINUTES CORRECTIONS OFFICER RETIREMENT PLAN LOCAL BOARD MEETING Oro Valley Town Hall, Kachina Room 11000 N. La Canada Drive Thursday, September 13, 2007 CALL TO ORDER 3:00 pm ROLL CALL OF BOARD MEMBERS In attendance: Mayor Paul Loomis, Nancy Anderson, Dan Rhoads, Sandra Abbey, Pat Kalahar. Also present: Joe Andrews and Carol Willett. Quorum met. APPROVAL OF AUGUST 7, 2007 MINUTES. Dan Rhoads made motion to approve minutes. Sandra Abbey seconds the motion. Motion passes 5 to 0. OPENING AND CERTIFYING OF BALLOTS FOR ELECTED BOARD MEMBERS: Human Resources accepted nominations for two terms: one ending June 30, 2009 and one ending June 30, 2011. There were two nominations for each of those terms: Nancy Anderson and Dan Rhoads. Sandra Abbey sent ballots to all of the members and included return envelopes. Twelve were returned. Sandra Abbey opened the ballots and they were tallied by the recording secretary. For the term ending June 30, 2009 it was in favor of Dan Rhoads 8 to 4. For the term ending June 30, 2011 it was in favor of Nancy Anderson 8 to 4. Mayor Loomis requested a motion to approve the canvassing of the vote as announced by the secretary. A motion was made by Pat Kalahar; and Nancy Anderson seconded the motion. Motion passed 5 to 0. BUSINESS Mayor Loomis stated that the Board is here to provide the best recommendation possible to the retirement plan in Phoenix, with respect to any disability retirements or early retirements, and any recommendations the local board has, will be decided on by the retirement plan in Phoenix by the plan operators. He stated that the local board is an advisory board with responsibility to provide that sense of how a particular case may be special because of some conditions specific to Oro Valley. He also stated that there will be experts available to the board to help make decisions. The board needs to be comfortable making that decision based on the information provided. REVIEW OF MEMORANDUM TO CORP MEMBERS EXPLAINING NEW DISABILITY RETIREMENT AND MEDICAL EVALUATION CRITERIA Nancy Anderson drafted the memo with input from Sandra Abbey and Joe Andrews. Discussion included the amount of information in the memo. Mayor Loomis initiated discussion about the cover letter. It was agreed that we need a return receipt, in addition to the cover letter, and members need to sign a form to indicate they are making a choice to submit to the exam; or they are making an informed decision to waive it. Sandra Abbey suggested including attaching waivers along with the letter to be returned. Nancy Anderson stated that the intent of waiver is that the local board will be reviewing the medical exam information. The board discussed two problems. The first issue is initiating a requirement that we need to get a preemployment physical for all members that are now eligible to have a disability retirement or they need to waive the eligibility for disability. In addition to this, members have to sign the waiver, because all disability retirements need to be reviewed by the local board. It was suggested that in addition to the cover letter members would receive a second document that says I submit to the exam or I do not submit to the exam, and then the waiver would be a separate document consenting to the local board reviewing the medical history. Joe Andrews provided some legal advice regarding wording of the letter and waivers. Sandra Abbey volunteered to rework this letter and send it back to the group for comments. It could have a statement that said you will need to read and sign one of the two enclosed forms. Joe Andrews suggested creating checkbox's. One saying that I elect to submit to a physical and to sign attachment 1; and one saying that I have elected not to have a physical and I have waived that right. Mayor Loomis suggested wording that fully explains giving up the ability for disability retirement that is detailed enough and understandable by the common person, but it also explains that you are giving up this benefit. He stated that we may want to put it in the letter that if you choose to refuse the physical you understand the ramifications of that final decision. Mayor Loomis also asked if we need to get a second witness to the document? Someone to notarize it, a witness that may need to testify later. No decision was made regarding a witness. It was brought up that even if someone has a preexisting condition it is still a benefit because that preexisting condition may not be the same issue associated with the disability. It makes medical retirement available for a subsequent different condition. DISCUSSION REGARDING PROCEDURES FOR CURRENT AND NEW MEMBERS TO ARRANGE FOR MEDICAL EVALUATIONS OR WAIVE SUCH . Mayor Loomis stated that he was bothered by the statement "upon the advice of council." Mr. Andrews agreed. Joe Andrews has a suggestion to the waiver. Instead of saying "having consulted with counsel" we could say "having had the opportunity to consult with counsel", then they have made a conscious decision to consult or not to consult. Nancy Anderson reminded the local board of the need to review preexisting conditions at the time of the medical exam and the employee must be notified of discovered preexisting conditions. Carol Willett stated that Tucson Occupational has a form that the city and county uses to turn into their retirement boards. It is a very basic form. The board discussed the pre-employment process currently used by the town. Nancy Anderson read a paragraph from a local board training from the pension fund manager. It stated that "board staff must review the physicals and if there are any preexisting conditions they must be acknowledged by the board and preserved in the record. You should also notify the member about the identification of these conditions." It was also stated that this issue is a local board issue rather than a staff issue. The Board is responsible for making the determination not Human Resources. Human Resources are not privy to the personal information like the local board is. There was an agreement among everyone that the local board is responsible for reviewing the medical exams. If the doctor determines that there is a preexisting condition then the board has to accept and recognize that preexisting condition and notify the individual. The board discussed the concern that one board member is a supervisor. Joe Andrews said that just having the knowledge is not a problem; it's what you do with it. It was decided by the local board that the waiver and cover letter would be revised; and that the revisions could be reviewed by e-mail. Mayor Loomis stated for the group to approve the revisions subject to everyone agreeing to the documents five days after they are sent out via e-mail to everyone. Joe Andrews responded that it won't violate open meeting law as long as each person doesn't speak to one another about it and they are returned individually not to each other. If comments are made to either the letter or the waiver they need to reply with the comments to Sandra Abbey only and not reply to all. Sandra would then discuss with each individual the comments. After receiving all of the comments Sandra will send out a corrected copy incorporating the comments. The group all agreed to this. Sandra Abbey requested clarification regarding discussions that could be held in Executive Session. Joe Andrews responded by saying that the board can decide in advance that it wants to discuss in Executive Session. However, at the election of the employee it can be conducted in public. Mayor Loomis requested a motion to approve the letter and attachments with the additional direction that has been provided to Sandra Abbey with respect to the process, the check sheet, and the additional waiver on the disability benefits, after review by the board via e-mail. Nancy Anderson made the motion and Dan Rhoads seconded the motion. Motion passed 5 to 0 NEW BUSINESS Mayor Loomis directed that Human Resources put together a council briefing identifying the appointments of all of us to the board and having the council establish the board so we meet the criteria that has been identified at the last meeting; and also, to get on the consent agenda for the first meeting in October, to be a formally recognized board that is recognized by the entire council. The next meeting will be when we get the letters back. We have some sense of urgency among the members to complete the forms in a timely fashion and to have this all done within a month to a month in a half and definitely by the end of the year. Mayor Loomis requested motion to adjourn Sandra Abbey made motion, Nancy Anderson seconded the motion. Meeting adjourned at 3:52 p.m.