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HomeMy WebLinkAboutMinutes - Public Safety Personnel Retirement System Board - 10/22/2010 i MINUTES ORO VALLEY PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL BOARD STUDY SESSION Friday, October 22, 2010 KACHINA CONFERENCE ROOM ADMINISTRATION BUILDING 11000 N. LA CANADA DRIVE CALL TO ORDER - at 9:02 a.m. ROLL CALL PRESENT: General John Wickham, Chair Betty Dickens, Member Dan Horetski, Member (9:09 a.m.) Richard Tracy, Member EXCUSED: Wes Helvig, Member Also Present: Lauri Keyes, Human Resources Department Joe Andrews, Legal Department Barb Harnisch, Human Resource Department Diane Little, Police Department Stephanie Pella, Human Resource Department Catherine Hendrix, Police Department 1. LEGAL OVERVIEW Chief Civil Deputy Town Attorney Joe Andrews presented this item. A. OPEN MEETING LAW Mr. Andrews confirmed to Betty Dickens that even if the four members emailed do not respond to the original author, it is still an open meeting law violation. Ms. Dickens further asked if the same rules for emails apply to verbal communication. Mr. Andrews agreed; emails just have a trail of evidence. Chair General John Wickham confirmed that the open meeting laws only apply when discussing board-type discussions. It does not include communication unrelated, such as the farmer's market. Ms. Dickens asked where the agendas need to be posted besides the outside-designated area. Oro Valley PSPRS Board Study Session Mr. Andrews replied the internet is also sufficient. Chair Wickham verified that a binding vote could not take place in an executive session. The Board has to exit out of Executive Session and vote publicly. B. INDEPENDENT ATTORNEY VS. TOWN OF ORO VALLEY ATTORNEY Richard Tracy stated that the Board could not go into Executive Session without the Board's attorney. Mr. Andrews confirmed that they may discuss retirement issues without legalities in executive session; however, the items are intertwined and that it is best to have the Board's attorney present. Ms. Dickens asked if the Board's attorney could appear by phone. Mr. Andrews noted that the Board could have the attorney appear telephonically if they had to; however, they would have to ask the Board attorney. C. COURT REPORTER AND/OR GRANICUS This item was not discussed. 2. MODEL UNIFORM RULES OF LOCAL BOARD PROCEDURE Employment Specialist Lauri Keyes presented this item. A. ARS § 38-847 B. OFFICERS I. ROLES II. CONTACT INFORMATION III. TERM LIMITS COMPLIMENTARY TO BOARDS AND COMMISSIONS Mr. Tracy asked if only three members are present, do they all have to vote the same in order for a majority to rule. Mr. Andrews responded only the majority of the members present. Chair Wickham stated that they could not have a member telephonically because there is no verification that is the member. Mr. Andrews answered the law allows telephonically, but it is best if they are in person. If there was a lawsuit, it could be an issue. October 22, 2010 Page 2 of 4 Oro Valley PSPRS Board Study Session Mr. Andrews responded Mr. Tracy's question stating the executive session is not recorded; however, minutes are taken. C. STANDARD AGENDA I. MEETING DATES AND TIMES II. PACKETS Chair Wickham asked when it was appropriate to hear from people outside the Board. Mr. Andrews replied that it was Robert's Rules of Order - it is the Chair's determination to hear from someone besides the applicant. Diane Little asked if the applicant is included in the executive session. Mr. Andrews responded that they may not want to exclude the applicant, but they should ask their attorney, Thomas Benavidez, for his advice for the Board. Officer Dan Horetski asked if the applicant could invite someone in executive session. Mr. Andrews stated the applicant cannot invite someone into executive session, but they can prevent the Board from going into executive session. If the applicant has an attorney, that person would be included. Chair Wickham questioned how to invite the applicant into the executive session and how the applicant would know his/her right to go into executive session. Mr. Andrews suggested they not invite the applicant into executive session. The applicant does not have the right to be in executive session, but the applicant has the power to stop an executive session. Ms. Keyes informed the applicant receives a letter stating their right to stop an executive session. Officer Horetski noted that the applicant did not have a deadline to decide if the Board may go into executive session. It is up to the applicant to know their rights. 3. DEFERRED RETIREMENT OPTION PLAN (DROP) OVERVIEW Benefits Specialist Barb Harnisch presented this item. 4. DISABILITY RETIREMENT OVERVIEW Benefits Specialist Barb Harnisch presented this item. A. ACCIDENTAL October 22, 2010 Page 3 of 4 Oro Valley PSPRS Board Study Session Officer Horetski asked the difference between medical conditions versus medical evidence. Mr. Andrews replied the doctor diagnosis the medical condition and medical evidence are other medical records/documentation. The Board cannot change the doctor's diagnosis. However, they can argue medical evidence that may not have been provided to the doctor for consideration. The Board may ask the doctor what medical evidence was used to making his decision. The Board may compare their notes to ensure he considered everything. B. OTHER DISABILITIES Mr. Andrews stated the doctors would show if the statutory criteria is met for disability. Whether or not they considered all of the evidence is something to ask. Officer Horetski confirmed that you ask the doctor on the evidence used and challenge the applicant to still do their job based on the doctor's disability diagnosis. The reasonable range of duties applies as a police officer, not by assignment. 5. FUTURE AGENDA ITEMS — Board Members can suggest future agenda items, but they cannot be discussed at this meeting. Mr. Tracy stated that the items were very well presented and very informative. Since the Board deals with different types of cases, it is hard to know what items need to be addressed. He asked if a member's employment is terminated at the end of their DROP period. Ms. Harnisch responded that they lose their interest earned in DROP, but they are not automatically terminated. Ms. Dickens noted that the Board is required to meet twice a year. At the next meeting, there should be another area to review concerning PSPRS responsibilities. ADJOURNMENT MOTION: Ms. Dickens, seconded by Mr. Tracy, moved to adjourn the meeting at 10:13 a.m. MOTION carried, 4-0. LaLkreit), Prepared By: Catherine Hendrix, Office Specialist October 22, 2010 Page 4 of 4