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MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
REGULAR SESSION
January 24, 2020
KACHINA CONFERENCE ROOM
11000 N. LA CAÑADA DRIVE
             
REGULAR SESSION AT OR AFTER 2:00 PM
             
CALL TO ORDER

Chair Artz called the meeting to order at 2:06 p.m.
             
ROLL CALL
Present: Kevin Artz, Chair  
  Andrew Lopez, Member  
  Carmen Trevizo, Member  
  Richard Tracy, Member  
  Katherine Beck, Member  
Staff Present: Carrie Rowley, Local Board Secretary
Kathleen Haggerty, Interim HR Director
Attendees: Thomas Benavidez, Local Board Attorney
             
CALL TO AUDIENCE

Chair Artz opened the call to audience. No comments were received.
             
Notice of Possible Executive Session
Pursuant to ARS § 38-431.03 (A), 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 4 and 5. The Board will take action on these items in open
session.
             
REGULAR SESSION AGENDA
             
1. REVIEW AND APPROVAL OF THE DECEMBER 13, 2019 REGULAR SESSION MEETING MINUTES
  Motion by Member Katherine Beck, seconded by Member Andrew Lopez to approve the December 13, 2019 regular session minutes.
  Vote: 5 - 0 Carried
             
2. REVIEW AND APPROVAL OF RETIREMENT FROM DROP FOR DOUGLAS HAMBLIN EFFECTIVE APRIL 30, 2020
  Motion by Member Andrew Lopez, seconded by Member Katherine Beck to approve the retirement from DROP for Douglas Hamblin effective April 30, 2020.
  Vote: 5 - 0 Carried
             
3. REVIEW AND APPROVAL OF RETIREMENT FROM DROP FOR PETE CLEGG EFFECTIVE MARCH 28, 2020
  Motion by Member Andrew Lopez, seconded by Member Richard Tracy to approve the retirement from DROP for Pete Clegg effective March 28, 2020.
  Vote: 5 - 0 Carried
             
4. POSSIBLE ACTION TO RECONSIDER THE LOCAL BOARD’S ORIGINAL DETERMINATION ON THE ELIGIBILITY FOR PSPRS MEMBERSHIP OF MAGISTRATE COURT BAILIFF, DANNY SMITH, BASED UPON HIS JOB FUNCTIONS AND THE STATUTORY REQUIREMENTS FOR MEMBERSHIP IN THE SYSTEM. THE LOCAL BOARD MIGHT TAKE ACTION TO VACATE AND TERMINATE HIS MEMBERSHIP IN THE SYSTEM.
  Kathleen Haggerty provided the Local Board a summary of her investigation and report concerning this item. Based on a review of Danny Smith's position as Bailiff, he does not meet the full eligibility requirements for membership within the PSPRS system. Further, the court cannot hire a Police Officer to serve as a Bailiff. Danny Smith's original membership application indicated he was a Police Officer, and therefore the Local Board at that time, acted in accordance with the information provided. However, Danny Smith's actual position is a Bailiff within the Magistrate Court. Ms. Haggerty answered board members' questions concerning Mr. Smith's placement into the correct retirement system. Ms. Haggerty recommended the Local Board remove Danny Smith from PSPRS retroactive to his original hire date and allow his employer to place him in the appropriate retirement system.
  Motion by Member Richard Tracy, seconded by Member Katherine Beck to remove Danny Smith from the Public Safety Personnel Retirement System retroactive to May 30, 2013 because he has not been, "...regularly assigned to hazardous duty," and therefore not a member of an Eligible Group as defined by Arizona state statute.
  Vote: 5 - 0 Carried
             
5. NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICERS BRIANNA FISHER, AUSTIN GRIJALVA, JOSE SANCHEZ AND JORDAN TAYLOR; ALL WITH A HIRE DATE OF JANUARY 21, 2020 AND AN EFFECTIVE MEMBERSHIP DATE IN PSPRS OF APRIL 20, 2020
  Members began review of membership applications and physicals, setting aside items for possible discussion in Executive Session.
  ENTER EXECUTIVE SESSION
  Motion by Member Katherine Beck, seconded by Member Richard Tracy to enter Executive Session at 2:27 p.m. pursuant to ARS § 38-431.03 (A) (2) & (3).
  Vote: 5 - 0 Carried
  ADJOURN EXECUTIVE SESSION
  Motion by Member Richard Tracy, seconded by Member Andrew Lopez to adjourn Executive Session at 2:40 p.m.
  Vote: 5 - 0 Carried
  Members resumed review and discussion of membership applications and physicals, and were in agreement that two separate motions were required. One approving members without pre-existing conditions, and one approving membership with notice of possible pre-existing conditions. Members instructed the Local Board Secretary to notify Austin Grijalva of the finding of possible pre-existing conditions. The notice to Austin Grijalva should include the conditions noted, and an invitation for Mr. Grijalva to provide the Local Board with additional information for consideration at the next regular session meeting.
  Motion by Member Richard Tracy, seconded by Member Andrew Lopez to approve the membership for Austin Grijalva and to instruct the Local Board Secretary to notify Austin Grijalva of the Board's finding of possible pre-existing conditions as noted in the medical reports, and to invite Austin Grijalva to provide additional information and/or attend the next Local Board regular session meeting for possible action on the noted pre-existing conditions.
  Vote: 5 - 0 Carried
  Motion by Member Andrew Lopez, seconded by Member Katherine Beck to approve membership without pre-existing conditions for Brianna Fisher, Jose Sanchez and Jordan Taylor with a hire date of January 21, 2020 and an effective membership date of April 20, 2020.
  Vote: 5 - 0 Carried
             
FUTURE AGENDA ITEMS

Review of the Oro Valley Police Department Actuarial Valuation Report for fiscal year 2019.
Possible action on noted pre-existing conditions for Austin Grijalva.
             
ADJOURNMENT
  Motion by Member Andrew Lopez, seconded by Member Katherine Beck to adjourn the meeting at 2:44 p.m.
  Vote: 5 - 0 Carried
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 the 24 day of January, 2020.  I further certify that the meeting was duly called and held and that a quorum was present.

Dated this _____ day of ____________________, 2020.
 

___________________________
Carrie Rowley
Local Board Secretary

    

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