Meeting Minutes


MINUTES OF PUBLIC MEETING 

FOR THE CORRECTIONS OFFICER RETIREMENT PLAN LOCAL BOARD FOR THE JUDICIARY  

 

A Public Meeting of the Corrections Officer Retirement Plan Local Board for the Judiciary was convened Tuesday, February 6, 2024, at 10:00 a.m., via Zoom, Arizona State Courts Building, 1501 West Washington Street, Phoenix, Arizona.

 

Board Members Present by Conference/Video Call: Kevin Kluge (Chair); Jason Hathcock; Mark Smalley; Scott Mabery; Jennifer Fish

 

Board Members Absent:

 

Also Present by Conference/Video Call: Christopher Lemke, Local Board Secretary; Kayla Adkins, Recorder; Yvonne Wong, AOC HR Officer

 

Call to Order:

 

Approval of Minutes:

                        

January 2, 2024 – Public Meeting Minutes

 

MOTION: Mark Smalley moved to approve the public meeting minutes of the January 2, 2024, meeting. The motion was seconded by Jason Hathcock and passed 4-0-1. Ms. Fish abstained from voting due to her absence at the January 2, 2024, meeting. The minutes stand approved. CORP 2024-03

 

Consideration of Disability Application – The Local Board may vote to go into executive session to discuss medical documentation and to receive legal advice for the following Disability Application pursuant to A.R.S. § 38-431.03(A)(2 & 3).   

 

#19-02 – Matthew Baack, 2-Year Review of Records

 

This matter was brought before the Board for a biennial review of medical records. The Board previously approved an ordinary disability retirement benefit for applicant #19-02, Matthew Baack, on February 4, 2020. The Board last reviewed Mr. Baack’s medical records on February 1, 2022, and voted to continue his disability benefit and to review his case in two years.

 

To assist the Board in determining whether an independent medical examination (IME) to reevaluate the applicant’s disabling condition is necessary, Mr. Baack was asked to furnish medical treatment records since February 1, 2022.

 

Copies of the following documents were provided to the Board:

 

  • Medical treatment records submitted by Mr. Baack
  • Ordinary disability application #19-02
  • Two IME reports completed for Mr. Baack
    • July 9, 2019 – Paul Cederberg, MD
    • December 20, 2019 – Mark Frankel, MD
  • A disability benefit verification letter and decision notice from the Social Security Administration
  • The Board’s Guidelines for Periodic Reevaluation of Disability Benefits
  • A.R.S. § 38-886.01, the statute governing CORP ordinary disability retirement

 

Mr. Baack initialed the waiver of confidentiality provision to allow discussion of his disabling condition in an open public meeting.

 

The Board established on February 4, 2020, that Mr. Baack’s condition should be reevaluated every two years. Mr. Baack’s earliest normal retirement date would have been March 31, 2034, when he would have attained 62 years of age and 10+ years of service.

 

The Chair initiated the discussion by asking Mr. Baack if he would like to make a statement to the Board, to which Mr. Baack expressed gratitude toward the Board for previously approving his disability retirement benefit. Subsequently, the Chair invited the Board to deliberate and determine whether to extend Mr. Baack's disability retirement benefit and review his case in the future or to send him for an IME to reevaluate the status of his disabling condition.

 

The Chair inquired about Mr. Baack's employment status. Mr. Baack replied that he had been unemployed for a few years because he struggled to maintain a job. The Chair also asked about Mr. Baack's treatment plan for his disabling condition and whether he planned to have surgery. Mr. Baack explained that his current treatment plan involved pain management, back injections, and periodic physical therapy. When asked by the Chair about the details of the back injection treatments, Mr. Baack stated that he was unfamiliar with the treatments and could not provide further information.

 

Mr. Mabery proposed the completion of a new IME to provide the Board with a comprehensive understanding of whether Mr. Baack's condition is expected to improve. Mr. Mabery suggested that based on the findings of a new IME, the Board may determine a new review period for Mr. Baack's disability benefit. Ms. Fish and Mr. Smalley agreed with Mr. Mabery’s proposal. Mr. Hathcock voiced that his assessment of Mr. Baack's medical records suggested that there would be no improvement in his condition; however, he would support the decision to refer Mr. Baack to complete a new IME.

 

MOTION: Scott Mabery moved to refer applicant #19-02, Matthew Baack for an independent medical examination to reevaluate his disabling condition. The motion was seconded by Jennifer Fish and passed unanimously. CORP 2024-04

 

Acknowledgement of CORP Physical Exam Final Letter:

 

 Name 

 County 

 Letter Issue Date 

 Peter Escalanti  

 Navajo  

 12/27/2023 

 

The Chair noted for the record that the CORP physical examination report for Peter Escalanti was not received within 60 days of receiving their membership application and that a final letter requesting the examination report was sent via certified mail.

 

Approval of Membership:

 

The Board voted on the approval of the following requests for membership:

 

Name

County

Effective Enrollment Date

Julio Carbajal Castillo

Cochise

1/14/2024

Stephanie Cook

Coconino

12/15/2023

Yaquelin Madrigal

Maricopa

12/24/2023

Camryn Carrillo

Maricopa

12/24/2023

Ariana Alba

Maricopa

12/24/2023

Katie Olsen

Maricopa

12/24/2023

Andrew Heuvelhorst

Maricopa

12/24/2023

Leslie Rodriguez Retana

Maricopa

12/31/2023

Andre Handy

Maricopa

12/31/2023

Jordan Broyhill

Maricopa

12/31/2023

Vincent Campa

Maricopa

12/31/2023

Ambar Diaz Cruz

Maricopa

12/4/2023

Jacob Lanners

Maricopa

1/7/2024

Mikhaylah Robbins

Maricopa

1/7/2024

Janessa Jennings

Maricopa

1/7/2024

Thelma Prieto

Maricopa

11/26/2023

Ashley Carothers

Maricopa

10/2/2023

Hannah Sardano

Mohave

11/26/2023

Peter Escalanti

Navajo

1/21/2024

Michelle Lovio

Pima

1/21/2024

Alyssa Kopach

Pima

1/7/2024

Charles Sanford

Pima

11/19/2023

Greg Pinarelli

Yavapai

12/24/2023

Brooke Jeffries

Yavapai

12/31/2023

Cameron Metcalf

Yavapai

1/21/2024

Brett Murphy

Yavapai

1/21/2024

Elian Ruiz

Yavapai

11/20/2023

Cecilia Martinez

Yuma

12/24/2023

Jazmin Alatorre

Yuma

1/14/2024

Mikaela Radzik

Yuma

1/21/2024

Roy Torres

Yuma

10/2/2023

 

MOTION: Jason Hathcock moved to approve the 31 applicants listed on the agenda for this meeting for membership in CORP pursuant to A.R.S. § 38-893.D. and to note for the record that the physical examinations for Stephanie Cook, Camryn Carillo, Katie Olsen, Leslie Rodriguez Retana, Jordan Broyhill, Jacob Lanners, Ashley Carothers, Michelle Lovio, Charles Sanford, Brooke Jeffries, and Brett Murphy identified a physical or mental condition or injury that existed or occurred before their dates of membership in the plan. The motion was seconded by Mark Smalley and passed unanimously. CORP 2024-05

 

2024 PSPRS Employer-Local Board Conference:

 

The Board Secretary informed the Board that PSPRS would hold its annual Employer-Local Board Conference in person on Wednesday, March 6, 2024, at the Renaissance Phoenix Glendale Hotel & Spa. The conference focuses on updates to PSPRS system policies, finances, legislation, and operations.

 

The Chair requested that Board members notify the Board Secretary of their interest in attending the conference. Ms. Fish and Mr. Mabery informed the Board Secretary that they were unable to attend the conference, while Mr. Smalley, Mr. Hathcock, and the Chair confirmed their interest in attending.

 

The Chair directed the Board Secretary to secure the event registrations with PSPRS.

 

Future Agenda Items:

 

Staff informed the Board that the following items will likely be placed on the March 5, 2024, meeting agenda: 

 

  • Notice of Retiree Return to Work

 

Mr. Hathcock notified the Board of his recent attendance at a CORP seminar sponsored by Public Safety Financial/Galloway, a PSPRS contractor providing statutorily required educational plan information to new CORP plan Members. Mr. Hathcock explained that he discovered the current educational material offered by Public Safety Financial/Galloway only consisted of videos that new Members acknowledge viewership of within the PSPRS Member portal when verifying plan enrollments. Mr. Hathcock emphasized that he did not believe new Members were being served well and advised that he would attend a future meeting with Public Safety Financial/Galloway to discuss options for providing live training on CORP plan offerings to the counties.

 

The Chair noted that he would speak with the Division Directors of the AOC Adult Probation Services and Juvenile Justice Services Divisions to bring awareness to the county Chief Probation Officers and Juvenile Court Directors. The Chair added that the counties may benefit from directly coordinating training with Public Safety Financial/Galloway for their new CORP Members.

 

Mr. Hathcock also shared that during the seminar, he gained knowledge of the federal Healthcare Enhancement for Local Public Safety Officers (HELPS) Act. Under HELPS, public safety retirees can receive an annual tax-free distribution of up to $3,000 from retirement plans to help pay for health insurance or long-term care insurance premiums.

 

Call to the Public:

 

No members of the public addressed the Board.

 

The meeting was adjourned at 10:33 a.m.

 

Transcribed February 7, 2024.