Arizona Judicial Branch





A Public Meeting of the Corrections Officer Retirement Plan Local Board for the Judiciary was convened Tuesday, November 6, 2018 at 10:00 a.m., Conference Room 109, Arizona State Courts Building, 1501 West Washington Street, Phoenix, Arizona.

Board Members Present in Conference Room 109:  Kevin Kluge, Chair; Rob Lubitz, Jason Hathcock, Mark Smalley

Board Member Present by Conference Call:  Danna Quinn 

Also Present in Conference Room 109:  Cynthia Kelley, Board Attorney; David Niederdeppe, Board Attorney; Annette Corallo, Board Secretary; Wanda Roberson, Recorder; Vanessa Haney, Yvonne Wong, Phil Hanley

Call to Order:

Approval of the Minutes:          

October 9, 2018 – Public Meeting Minutes

Board Member Mark Smalley noted a correction to be made on the October 9, 2018 public meeting minutes: on page 1, paragraph 13, line three, remove “minutes stand approved”.

MOTION: A motion to approve the public meeting minutes of the October 9, 2018 meeting, with the revision, was made by Jason Hathcock.   Motion was seconded and passed unanimously; minutes stand approved. CORP 2018-73

Introduction of New Board Attorney:

The Board voted at its meeting on October 9, 2018, to contract with Ryan Rapp & Underwood PLC to serve as the Board Attorney.  The partners who will be working with the Board, David Niederdeppe and Cynthia Kelley, were in attendance to introduce themselves.  The Board Secretary provided another copy of the firm’s proposal to the Board for reference.

The Chair asked if the Board had a signed contract with the firm and the length of the contract.  The Board Secretary stated that the contract was signed on the behalf of the Court and will end on June 30, 2020.  The Board Secretary also advised that the contract can be renewed for additional terms at the end of the contract term.

The Board Secretary communicated to the attorneys that access to the secure Board web page was not provided to them prior to this meeting due to the pending signature of the contract and explained they would receive access to review the meeting material before the December 4, 2018 meeting.

Approval of 2019 Meeting Dates:

Meeting dates for 2019 were proposed for the Board’s approval.  All meetings are scheduled to begin at 10:00 a.m. 

January 8


February 5


March 5


April 2


May 7


June 4


July 9


August 6


September 10


October 8


November 5


December 3


MOTION: A motion to approve the proposed Board meeting dates for 2019 was made by Mark Smalley.   Motion was seconded and passed unanimously. CORP 2018-74

Approval of Normal Retirement Benefits:

Three applications for Normal Retirement benefits were submitted for the Board’s approval pursuant to A.R.S. § 38-893 (D). 

MOTION: A motion to approve the payment of Normal Retirement benefits to the following applicants in about the following amounts, effective November 1, 2018, was made by Rob Lubitz.  Motion was seconded and passed unanimously. CORP 2018-75

            Sean C. Clifford:                    $2,571.27

            Tamara L. McBride:               $3,023.98;   Reverse DROP Estimate:  $103,043.22

            Richard G. McClellan:            $811.35

Acknowledgement of CORP Physical Exam Final Letters:

The Chair noted for the record that physical examination reports for Mark W. Budd, Drew Clement, Tai Davis, Abraham F. Hernandez-Alvarez, Sean P. Kennedy and Arturo Ponce were not received within 60 days of receipt of their membership applications and that final letters requesting an examination were sent to these members via certified mail on October 24, 2018.

Board Member Jason Hathcock stated the Board Secretary emailed him regarding the 60-day rule of sending new employees a letter regarding non-receipt of their physical exam.  The Board Secretary explained that she could not find the basis for this practice in the Board rules, in statute or previous minutes.  She stated that she did find a minute entry that confirmed the Board wanted to ensure employees are given notice, via certified mail, that their rights to disability benefits will be waived if a physical exam is not received by the Local Board.

The Chair instructed the Board Attorneys to research the 60-day letter practice to determine if it should be adopted as a Local Board rule.

Approval of Membership:

The Local Board may consider and vote on the approval of the following requests for membership or defer decision to a later date:

Bejarano Ramirez, Adan              Yuma                     9/10/2018

Carter, Kayla                                 Maricopa               10/8/2018

Clement, Drew                              Yavapai                 8/27/2018

Davis, Michelle                             Yavapai                  7/1/2018

Davis, Tai                                      Yavapai                 10/14/2018

Gallegos Castro, Ivette                 Maricopa               10/1/2018

Hernandez-Alvarez, Abraham      Pima                      10/20/2018

Juvera, Samantha                          Yuma                   10/7/2018

Kennedy, Sean                              Coconino              8/13/2018

Neese, Tyler                                  Cochise                7/2/2018

Nelson, Priscilla                            Pima                     8/27/2018

Perez Barron, Janet                       Maricopa             8/13/2018

Ponce, Arturo                                Coconino              8/27/2018

Spencer-Joe, Vera                         Apache               10/2/2017

Valadez, Adrianna                        Maricopa               9/17/2018

The Board Secretary advised the Board that the format for the membership approval list was changed based on the Board’s input at the last meeting, to include additional columns to indicate the member’s tier and benefit plan selection.  She also indicated the column that was previously titled “Membership Date” is now titled “Effective Plan Enrollment Date.”  That heading change was made to mirror the terminology used by the  Public Safety Personnel Retirement System (PSPRS).

Board member Jason Hathcock questioned whether the Board should also track a member’s hire date. His primary concern was members who have a break in service potentially receiving unearned retirement benefits since only the effective date is now being tracked by the Board and not the rehire date.  The Board Secretary explained that PSPRS tracks all contributions made by employees to prevent them from receiving unearned retirement benefits.  She provided the Board with an example:  last month the Board approved membership for member Ruben Corona, who was rehired in September 2018 but has an effective membership date of December 2015. The Board Secretary stated that his original 2015 membership date remains effective because he never received a refund but he was not accruing service credit between jobs. 

Based on the clarification provided by the Board Secretary, the Board determined it did not need to track the hire date in addition to the effective plan membership date.

MOTIONA motion to approve the 15 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 Tyler Neese, Priscilla Nelson, Vera Spencer-Joe and Adrianna Valadez identified a physical or mental condition or injury that existed or occurred before their date of membership in the plan, was made by Jason Hathcock.  Motion was seconded and passed unanimously.  CORP 2018-76

See Attachment A to these minutes for details of the membership approved at this meeting.

Future Agenda Items:

The Board Secretary stated she will present the Board election schedule for 2019 at the December 4, 2018 meeting.

Call to the Public:

No members of the public addressed the Board.

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

Transcribed November 9, 2018