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, June 4, 2019 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; Jason Hathcock, Mark Smalley; Jennifer Fish

 

Also Present in Conference Room 109:  Cynthia Kelley, Board Attorney; Vanessa Haney, Board Secretary; Alicia Bocardo, Recorder; Applicant #19-01 (by conference call); Yvonne Wong, Phil Hanley

 

Call to Order:

 

Approval of the Minutes: 

June 4, 2019 – Public Meeting Minutes

MOTION: A motion to approve the public meeting minutes of the June 4, 2019 meeting was made by Jason Hathcock. The motion was seconded and passed unanimously; minutes stand approved. CORP 2019-25

Status Update: HB2190

Governor Ducey signed HB2190. It becomes effective August 27, 2019.

Current statute defines accidental disability as it relates to CORP as a physical or mental condition that the local board finds totally and permanently prevents an employee from performing a reasonable range of duties within the employee's department, was incurred in the performance of the employee's duties and was the result of any of the following: 

1) physical contact with inmates, prisoners, parolees or persons on probation;

2) responding to a confrontational situation with inmates, prisoners, parolees or persons on probation; or 

3) a job-related motor vehicle accident while on official business for the employee's employer. 

A job-related motor vehicle accident does not include an accident that occurs on the way to or from work. Persons found guilty of violating a personnel rule, a rule established by the employee's employer, or a state or federal law in connection with a job-related motor vehicle accident do not meet the conditions for accidental disability (A.R.S. § 38-881). 

The main provisions in HB2190 redefine accidental disability as a physical or mental condition that the local board finds totally and permanently prevents an employee from performing a reasonable range of duties within the employee's department and was incurred in the performance of the employee's duties. 

Board member Jason Hathcock reiterated that the language criteria includes “in the performance of the employee's duties” as to no longer limit accidental disability to physical contact or responding to confrontational situations. 

The Board Secretary inquired as to whether HB2190’s effective date will have any affect on the current disability cases. The Chair stated that it would not because the member both: applied for accidental disability and had the IME conducted before HB2190’s effective date.

Board member Jason Hathcock stated that further clarification will be needed for accidental disability case hearing with injuries that might have taken place before HB2190’s effect date of August 27, 2019. He inquired if members can apply for accidental disability for injuries sustained before August 27, 2019, or if they can only apply for accidental injuries that occur after the effect date.

 

The Board Secretary was instructed to obtain further clarification from the Board attorney Cynthia Kelley. 

Status Update: Membership Audit

The Board Secretary advised the Board that staff has begun an audit of the Board’s membership records against an active membership list provided by PSPRS. Any discrepancies will be reported at the Board’s meeting on August 6, 2019. 

Status Update: Disability Cases

At the meeting on June 4, 2019, the Board referred disability cases 19-01 and 19-02 for IME’s. 

The Board Secretary informed the Board that the exam for applicant 19-01 has been scheduled for July 15, 2019 and the exam for applicant 19-02 has been scheduled for July 9, 2019. 

Approval of Normal Retirement Benefits:

There were eight applications for Normal Retirement benefits 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 July 1, 2019 or as noted below, was made by Jason Hathcock.The motion was seconded and passed unanimously. CORP 2019-26

Jennifer Bangerter $3,015.66

Vikki Burdine $3,042.74

Christine Davis-Corona $2,321.73 (effective June 1, 2019)

Rhonda Haire $2,903.85

Scott Mabery $7,092.37

Elaine Maestas $6,115.84

Kelly McGowan $2,058.53

Aaron Weissenborn $2,643.91

Board member Jason Hathcock asked the Board Secretary to confirm that Elaine Maestas was not participating in reverse drop. The Board Secretary confirmed that Ms. Maestas did not apply for a reverse drop lump sum. 

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:

Arangure, Francisco

Pinal

5/6/2019

Arbelo-Maysonet, Melanie

Maricopa

5/26/2019

Averill, Sydney

Pinal

6/6/2019

Bagby, Gloria

Pinal

5/6/2019

Barredo, Yahel

Pinal

4/28/2019

Bakurza, Kendall

Navajo

5/5/2019

Bojorquez, Diego

Pinal

5/20/2019

He, Heni

Maricopa

5/26/2019

Hughes, Sheila

Maricopa

6/6/2019

Jordan, Terrence

Pinal

5/6/2019

Larson, Tania

Cochise

4/8/2019

Manea, Ranin

Maricopa

6/9/2019

Marchant, Megan

Yuma

6/9/2019

Montoya, Monique

Pinal

6/6/2019

Moreno-Davila, Jesus

Pima

6/10/2019

Oregon, Raquel

Pima

5/18/2019

Peck, Clayton

Yavapai

5/20/2019

Quiroz Palma, Nayeli

Maricopa

6/6/2019

Rammirez Rodriguez, Ashley

Maricopa

5/26/2019

Rodriguez, Yohanna

Maricopa

6/6/2019

Soria Espinoza, Guillermo

Yavapai

6/3/2019

Spellman, Jake

Mohave

6/10/2019

Soto, Ivan

Yavapai

4/1/2019

Sutton, Taylor

Yavapai

4/8/2019

Taylor, Nicholas

Maricopa

5/26/2019

Tenorio, Ashlee

Maricopa

4/21/2019

Vega, Ana

Pima

4/15/2019

 

MOTION:A motion to approve the 27 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 Francisco Arangure, Gloria Bagby, Kendall Bakurza, Diego Bojorquez, Sheila Hughes, Terrence Jordan, Monique Montoya, Taylor Sutton, Nicholas Taylor and Ashlee Tenorio identified a physical or mental condition or injury that existed or occurred before their date of membership in the plan,was made by Jennifer Fish. The motion was seconded and passed unanimously.CORP 2019-27

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

Future Agenda Items:

The Board Secretary advised that if the IME results for applicants #19-01 and #19-02 are available for the Board’s review within an adequate amount of time, then a discussion to approve or deny the disability benefits will be placed on the August 6, 2019 agenda. She also informed the Board that the audit results will be placed on agenda for the August 6, 2019 agenda as well.

Call to the Public:

No members of the public addressed the Board.

The meeting was adjourned at 10:12 a.m.

Transcribed July 9, 2019