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Arizona Judicial Branch

Minutes

MINUTES OF PUBLIC MEETING

FOR THE CORRECTIONS OFFICER RETIREMENT PLAN LOCAL BOARD

FOR THE SUPERIOR COURT

A Public Meeting of the Corrections Officer Retirement Plan Local Board for the Superior Court was convened Tuesday, August 7, 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; Mark Smalley, Jason Hathcock

 

Board Member Present by Conference Call:  Danna Quinn

 

Board Member Absent:  Rob Lubitz

           

Also Present in Conference Room 109:  Annette Corallo, Board Secretary; Wanda Roberson, Recorder; Phil Hanley

 

Call to Order:

 

Approval of the Minutes:

                        

July 10, 2018 – Public Meeting Minutes

 

The Board Chair noted a correction to be made on the July 10, 2018 public meeting minutes: on page one, under the “Call to Order” section to remove the paragraph discussing Board member Danna Quinn’s retirement.

 

MOTION: A motion to approve the public meeting minutes of July 10, 2018 with the noted correction, was made by Mark Smalley.  Motion was seconded and passed unanimously; minutes stand approved. CORP 2018-51

 

Decision on Notice of Retiree Return to Work:

 

Board member Jason Hathcock asked why there was a delay in Maricopa County submitting the paperwork for some of the retirees returning to work and asked what process they use to capture if a new hire is a CORP retiree.  Board member Danna Quinn responded that the delay was caused because there was not a clear understanding as to whether paperwork was needed for temporary or part-time employees.  She said going forward the county would submit all employees’ paperwork to the Local Board.  The Board Secretary also responded that each employee is given a Notice of Retiree Return to Work screening form that asks if the employee is a CORP retiree returning to work.

 

Board member Jason Hathcock also questioned the email that was given to the Board regarding the employees being temporary and asked why a job description for a temporary, part-time position was not provided.  The Board Secretary responded that she requested the email for the Board to document that these are temporary or part-time positions.  Jason Hathcock asked Danna Quinn to provide job descriptions to reflect the actual job, instead of just indicating the employees are in temporary or part-time positions.  Danna Quinn and the Chair agreed to have the Board Secretary contact Michelle Hall to provide those job descriptions. 

 

Board member Jason Hathcock mentioned more retiree forms were going to need approval at the next meeting and asked if the Alternate Contribution Rate (ACR) is retroactive.  The Board Secretary indicated that two of the forms she received were dated in 2010 and she believes the ACR was created in 2011; she is going to bring the memo that was sent to the Chiefs in 2011 for the Board to review at the meeting in September 2018. 

 

The Chair suggested the Board approve the following applicants pending receipt of updated job descriptions at the September 2018 Board meeting. 

 

A.  Julie A. George-Klein

 

The Board received a Notice of Retiree Return to Work from Maricopa County for Julie A. George-Klein.  The form indicated that Ms. George-Klein retired under CORP effective June 1, 2016 and returned to work for the Maricopa County Superior Court on December 5, 2016, as an Adult Probation Officer Supervisor but not in a CORP designated position. 

 

The Board found that Ms. George-Klein does not hold a CORP designated position, so her employer is not responsible for paying an alternate contribution rate on her behalf.

 

MOTION:  A motion that the Board received a Notice of Return to Work for Julie A. George-Klein and finds: (1) Ms. George-Klein is eligible to continue to receive a CORP pension and (2) Maricopa County is not responsible for paying an alternate contribution rate on her behalf was made by Jason Hathcock.  Motion was seconded and passed unanimously.  CORP 2018-52

 

B.  Patricia A. McDonagh-Konecki

 

The Board received a Notice of Retiree Return to Work from Maricopa County for Patricia M. McDonagh-Konecki.  The form indicated that Ms. McDonagh-Konecki retired under CORP effective April 1, 2015 and returned to work for the Maricopa County Superior Court on August 28, 2017, as an Adult Probation Officer Supervisor but not in a CORP designated position. 

 

The Board found that Ms. McDonagh-Konecki returned to work more than 12 months after retirement, so she is eligible to continue to receive a CORP pension.  Further, she did not return to work in a CORP designated position.

 

MOTION:  A motion that the Board received a Notice of Return to Work for Patricia M. McDonagh-Konecki and finds: (1) Ms. McDonagh-Konecki is eligible to continue to receive a CORP pension and (2) Maricopa County is not responsible for paying an alternate contribution rate on her behalf was made by Jason Hathcock.  Motion was seconded and passed unanimously.  CORP 2018-53

 

C.  Brian L. Slater

 

The Board received a Notice of Retiree Return to Work from Maricopa County for Brian L. Slater.  The form indicated that Mr. Slater retired under CORP effective June 1, 2015 and returned to work for the Maricopa County Superior Court on August 17, 2015, as an Adult Probation Officer Supervisor but not in a CORP designated position. 

 

The Board found that Mr. Slater does not hold a CORP designated position, so his employer is not responsible for paying an alternate contribution rate on his behalf.

 

MOTION:  A motion that the Board received a Notice of Return to Work for Brian L. Slater and finds: (1) Mr. Slater is eligible to continue to receive a CORP pension and (2) Maricopa County is not responsible for paying an alternate contribution rate on his behalf was made by Jason Hathcock.  Motion was seconded and passed unanimously.  CORP 2018-54

 

D.  Donna M. Vittori-Verges

 

The Board received a Notice of Retiree Return to Work from Maricopa County for Donna M. Vittori-Verges.  The form indicated that Ms. Vittori-Verges retired under CORP effective February 1, 2017 and returned to work for the Maricopa County Superior Court on August 28, 2017, as an Adult Probation Officer Supervisor but not in a CORP designated position. 

 

The Board found that Ms. Vittori-Verges does not hold a CORP designated position, so her employer is not responsible for paying an alternate contribution rate on her behalf.

 

MOTION:  A motion that the Board received a Notice of Return to Work for Donna M. Vittori-Verges and finds: (1) Ms. Vittori-Verges is eligible to continue to receive a CORP pension and (2) Maricopa County is not responsible for paying an alternate contribution rate on her behalf was made by Jason Hathcock.  Motion was seconded and passed unanimously.  CORP 2018-55

 

Jason Hathcock asked Donna Quinn if her office also handles screening of juvenile probation officers.  Ms. Quinn responded that it does.  Mr. Hathcock then asked that her office check on the return to work status of Tandy Manross and to complete any needed notice to the Board.

 

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 August 1, 2018 was made by Mark Smalley.  Motion was seconded and passed unanimously. CORP 2018-56

 

            Tonya E. Olson:            $2,880.53

            Linda S. Ramey:          $3,239.63

            Jeffrey D. Smalley:       $3,845.37; Reverse DROP Estimate:  $98,488.31

 

Update on Membership Audit:

 

Staff audited the Board’s membership records against an active membership list provided by PSPRS.  The following discrepancies were found:

 

COUNTY

DISCREPANCIES

COMPLETED

PENDING

Apache

1

0

1

La Paz

1

0

1

Maricopa

2

0

2

Yavapai

1

0

1

TOTALS:

5

0

5

 

The Board Secretary reported five discrepancies were found during the audit.  She said three of the five were misunderstandings about officers coming from the Sheriff’s Office being required to submit new paperwork and have a physical exam for this Board.  She reported that staff is working with the counties to resolve all discrepancies.

 

Acknowledgement of CORP Physical Exam Final Letter:

 

The Chair noted for the record, that a physical examination report for Natalie Neztsosie was not received within 60 days of receipt of her membership application and that a final letter requesting an examination was sent to this member via certified mail on July 25, 2018.

 

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:

 

Acosta, Jr., Anthony S.

Yuma

5/29/2018

Bhatti, Uziah A.

Maricopa

6/25/2018

Briscoe-George, Valerie L.

Maricopa

5/29/2018

Carrillo, Bennetta A.

Pima

6/4/2018

Cristler, Travis E.

Mohave

7/9/2018

Dillman, Jr., Kenneth E.

Gila

4/30/2018

English, Tristin

Maricopa

6/25/2018

Hamnes, Aline R.

Pima

7/9/2018

Hayes, Stephen M.

Pinal

6/4/2018

Lopez, Freddy A.

Maricopa

6/4/2018

Murray, Valyrie L.

Pinal

5/21/2018

Ochoa, Marilyn

Pima

6/11/2018

O'Rourke, Kimberley S.

Gila

2/12/2018

Neztsosie, Natalie

Coconino

5/7/2018

Rangitsch, Sara

Maricopa

6/25/2018

Rios, Xavier

Cochise

5/7/2018

Roost, Lilia

Pima

6/18/2018

Schuch, Kenneth L.

Yavapai

3/11/2018

Teran, Stephanie M.

Pima

6/11/2018

Turner, Richard G.

Coconino

4/23/2018

 

 

The Chair questioned why Juvenile Detention Officers with membership dates of July 9th were listed for approval; he felt it was too early for them to be approved with the new Tier 3 process being launched.  He wanted to clarify that these Detention Officers were not being approved for the CORP Legacy Retirement Plan (DB).  The Board Secretary explained that these Juvenile Detention Officers were participating in the Direct Contribution Plan (DC) and that the Board would be approving these types of memberships as soon as we receive them with supporting documentation. 

 

The Board Secretary asked the Board if they wanted staff to indicate which plan each member is going into on the approval list for monthly meetings because their election is a lifetime choice.  The Chair stated he would like for the type of plan and the contribution rate to be listed on the approval list, as he feels it would provide documentation if a member decides to appeal their election in the future.

 

The Board decided to approve the current membership list and note any DC membership percentages during the Board meeting in September 2018.

 

MOTION:  Motion to approve the 20 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 Anthony S. Acosta Jr., Valerie L. Briscoe-George, Kenneth E. Dillman Jr., Tristin English, Stephen M. Hayes, Freddy A. Lopez, Valyrie L. Murray, Kimberly S. O’Rourke, Xavier Rios, Kenneth L. Schuch and Richard G. Turner 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 2018-57

 

Notice of Board Attorney’s Relocation:

 

The Board received a letter dated July 31, 2018, from Hannah Auckland indicating that she is moving out of state and will no longer be able to provide legal services to the Board after August 31, 2018.  The letter from Ms. Auckland also suggested the Board contact her with questions or concerns about the transition. 

 

The Chair asked if the Grasso Law Firm was going to assign another attorney to replace Hannah and when the contract expires.  The Board Secretary suggested the Board direct that question to Hannah.  The contract that was approved December 5, 2017 will expire on January 31, 2020.  She also indicated that the contract could be canceled with a 30-day notice. 

 

The Chair asked the Board Secretary to contact Hannah to see if the new attorney can meet with them and any other Board members who would like to attend before the September 2018 meeting.  The Board Secretary agreed to contact Hannah to arrange a meeting.

 

Future Agenda Items:

           

Board member Jason Hathcock asked for an update on Ruth K. Marblestone’s disability payment suspension from the June 5, 2018 meeting, given that the Board will need to take action next year to revoke her pension.  The Board Secretary confirmed the payments were discontinued in June and stated that the Board will have to review the case to determine if Ms. Marblestone’s benefits should be revoked at the June 2019 meeting.   

 

Call to the Public:

 

No members of the public addressed the Board.

 

The meeting was adjourned at 10:25 a.m.