HomeMy WebLinkAboutMinutes - Public Safety Personnel Retirement System Board - 11/9/2021MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
REGULAR SESSION
November 9, 2021
HOPI CONFERENCE ROOM
COMMUNITY & ECONOMIC DEVELOPMENT BUILDING
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 2:00 PM
CALL TO ORDER
Chair Gephart called the meeting to order at 2:00 p.m.
ROLL CALL
Present: David Gephart, Chair
Carmen Trevizo, Member
Richard Tracy, Member
Katherine Beck, Member
Absent: Roger Reynolds, Member
Staff Present:Carrie Rowley, Local Board Secretary
Attendees: Thomas Benavidez, Benavidez Law Group, Local Board Counsel
CALL TO AUDIENCE
Chair Gephart opened the call to audience. No comments were received.
Notice of Possible Executive Session
Pursuant to ARS § 38-431.03 (A)(2)(3), the Board may vote to convene in executive session to discuss or
consider confidential records exempt by law from public inspection, and/or to consult with the Board’s attorney for
legal advice and to consider the Board’s position and to instruct the Board’s attorney regarding its position in
contemplated litigation regarding Agenda Items 2, 3 and 4. The Board will take action on these items in open
session.
REGULAR SESSION AGENDA
1.REVIEW AND APPROVAL OF THE SEPTEMBER 14, 2021 REGULAR SESSION MEETING MINUTES
Members reviewed the minutes as written with no discussion.
Motion by Member Richard Tracy, seconded by Member Katherine Beck to approve the September 14,
2021 regular session meeting minutes.
Chair Gephart instructed the Board Secretary to conduct a roll call vote. All members voted yes during the
roll call vote.
Vote: 4 - 0 Carried
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2.REVIEW AND APPROVAL OF THE SEPTEMBER 14, 2021 EXECUTIVE SESSION MEETING MINUTES
Members reviewed the minutes as written with no discussion.
Motion by Member Carmen Trevizo, seconded by Chair David Gephart to approve the September 14,
2021 executive session meeting minutes.
Chair Gephart instructed the Board Secretary to conduct a roll call vote. All members voted yes during the
roll call vote.
Vote: 4 - 0 Carried
3.REVIEW AND DISCUSSION OF HB2381 TAKING EFFECT JANUARY 1, 2022 AND ITS IMPACT ON
EMPLOYER AND LOCAL BOARD OBLIGATIONS WITHIN THE PSPRS SYSTEM, THE NEW
PROPOSED MODEL RULES WILL ALSO BE DISCUSSED
Chair Gephart turned the floor over to Mr. Benavidez, who provided the Board with an overview of the
upcoming changes.
Legislative changes become effective January 1, 2022.
The Public Safety Personnel Retirement System will begin taking a more active role in normal
benefit claims.
The Local Board will no longer approve normal benefits such as regular retirements, DROPS, and
regular survivor benefits.
The Local Board will remain responsible for approving member eligibility, screening for
pre-existing conditions, and ruling on disability claims and line of duty death benefits.
Newly appointed and newly elected Board Members and Board Secretaries will be required to
undergo training based on a curriculum developed by the State PSPRS system.
Although not legally required of current sitting members, it is recommended members undergo
training once developed.
New reporting requirements include notifying PSPRS within 10 days of any Board Member, Board
Secretary or Board Attorney changes.
The new law prohibits Local Boards from being represented by attorneys who also represent
employers and/or members within the PSPRS system.
Mr. Benavidez explained he represents clients who are employers and members. Therefore, he
can no longer represent Local Boards.
Finally, Mr. Benavidez addressed the option for Local Boards to consolidate through an
intergovernmental agreement (IGA). The intent of this option is not to consolidate funds or liabilities, but
to improve efficiencies at the Local Board level. Any IGA would be coordinated at the Town level and
would be a Council approved agreement.
Mr. Benavidez turned the floor back over to Chair Gephart. Chair Gephart asked the Board Members if
they would like to view the short video presentations as prepared by PSPRS. Members viewed the
video presentations pertaining to Local Board requirements. Chair Gephart asked if there were any
questions. Member Beck asked about the Board's current Model Rules. Mr. Benavidez explained
PSPRS has circulated new proposed Model Rules which are expected to be adopted. It
was recommended the Board possibly meet in December with its new attorney to review its current
rules and ensure compliance.
There was no further discussion or action taken on this agenda item.
4.REVIEW PROPOSALS FROM THE LAW FIRMS OF BOSSE ROLLMAN, P.C., AND GOERING,
ROBERTS, RUBIN, BROGNA, ENOS AND TREADWELL-RUBIN, P.C., TO PROVIDE LEGAL
SERVICES TO THE LOCAL BOARD ON AN AS-NEEDED AND AT WILL BASIS THE LOCAL BOARD IS
EXPECTED TO SELECT FROM ONE OF THE FIRMS
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Members were provided with correspondence, CV's and additional information from two law firms
identified as qualified to represent Local Boards. Both firms are experienced and in compliance with
legislative changes. During review of the materials provided, members considered the rate structures,
the list of other Local Board clients and the detail of expertise provided by both firms. It was noted one
firm appeared to represent more fire department boards versus public safety and although under the
same system, there is a difference in procedures and culture. It was also noted that one firm outlined
expertise in workers compensation and medical disability. The other firm may be equally qualified and
did not include that information. Member Trevizo inquired how these firms were selected for review.
Chair Gephart confirmed both firms were referred by the Board's current legal counsel because they are
willing to limit their practices to Local Board representation and have experience in representing Local
Boards. Chair Gephart also confirmed the Town's procurement department requested a response from
both firms for the information currently under review.
Member Trevizo asked if there had been any discussion with Marana in regard to consolidation and/or
what their Local Board was pursuing. Both Chair Gephart and Secretary Rowley stated they had not
spoken to Marana. Member Beck indicated her agreement with Member Trevizo regarding one firm's
apparent experience in representing public safety boards. Member Trevizo suggested that during a
question and answer session with both attorneys we may find that both have experience in representing
public safety boards. Chair Gephart also stated he'd worked with one of the firms previously on a limited
basis, but did not have any preferences.
Chair Gephart asked the Board what its preferred process was for hiring a new attorney. Options
included either scheduling interviews of both firms, or moving to pursue one of the firms based on the
information provided. Members Beck and Tracy felt comfortable pursuing the firm of Goering,
Roberts...based on the information provided and were concerned with the timeframe necessary to
schedule interviews and finalize an agreement prior to the end of the year. Member Trevizo felt the
Board should conduct interviews to gain additional knowledge of both firms and to give absent Board
Member Reynolds an opportunity to participate in the process. Secretary Rowley asked if it would be a
good idea to schedule a meeting in December regardless of the motion made today to meet the newly
hired attorney (or conduct interviews of both) and if so, would Mr. Benavidez still be available through
the end of the year. Mr. Benavidez indicated he would be available to assist through year-end, however
he encouraged the Board to select an attorney sooner and not delay the process, thus giving the Board
sufficient time to update its Model Rules and update its information to PSPRS at the beginning of the
year. Members continued deliberation of options and finalized their discussion of the matter.
Motion by Member Richard Tracy, seconded by Member Katherine Beck to pursue a contract with the
firm Goering, Roberts, Rubin, Brogna, Enos, and Treadwell-Rubin, P.C.
Chair Gephart instructed Secretary Rowley to conduct a roll call vote. Member Trevizo voted no and all
other members voted yes during the roll call vote.
Vote: 3 - 1 Carried
OPPOSED: Member Carmen Trevizo
FUTURE AGENDA ITEMS
Chair Gephart addressed possibly bringing in Goering, Roberts to review HB2381 and provide recommendation
on the PSPRS proposed new Model Rules as a future agenda item.
ADJOURNMENT
Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to adjourn the meeting at
3:10 p.m.
Vote: 4 - 0 Carried
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I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the
Town of Oro Valley Public Safety Personnel Retirement System Board of Oro Valley, Arizona held on November 9,
2021. I further certify that the meeting was duly called and held and that a quorum was present.
___________________________
Carrie Rowley
Local Board Secretary
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