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Vote: 4 - 0 Carried |
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Other:
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Member Roger Reynolds (ABSENT)
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3. |
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REVIEW AND DISCUSSION OF HB2381 TAKING EFFECT JANUARY 1, 2022 AND ITS IMPACT ON EMPLOYER AND LOCAL BOARD OBLIGATIONS WITHIN THE PSPRS SYSTEM, THE NEW PROPOSED MODEL RULES WILL ALSO BE DISCUSSED
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Chair Gephart turned the floor over to Mr. Benavidez, who provided the Board with an overview of the upcoming changes.
- Legislative changes become effective January 1, 2022.
- The Public Safety Personnel Retirement System will begin taking a more active role in normal benefit claims.
- The Local Board will no longer approve normal benefits such as regular retirements, DROPS, and regular survivor benefits.
- The Local Board will remain responsible for approving member eligibility, screening for pre-existing conditions, and ruling on disability claims and line of duty death benefits.
- Newly appointed and newly elected Board Members and Board Secretaries will be required to undergo training based on a curriculum developed by the State PSPRS system.
- Although not legally required of current sitting members, it is recommended members undergo training once developed.
- New reporting requirements include notifying PSPRS within 10 days of any Board Member, Board Secretary or Board Attorney changes.
- The new law prohibits Local Boards from being represented by attorneys who also represent employers and/or members within the PSPRS system.
- Mr. Benavidez explained he represents clients who are employers and members. Therefore, he can no longer represent Local Boards.
Finally, Mr. Benavidez addressed the option for Local Boards to consolidate through an intergovernmental agreement (IGA). The intent of this option is not to consolidate funds or liabilities, but to improve efficiencies at the Local Board level. Any IGA would be coordinated at the Town level and would be a Council approved agreement.
Mr. Benavidez turned the floor back over to Chair Gephart. Chair Gephart asked the Board Members if they would like to view the short video presentations as prepared by PSPRS. Members viewed the video presentations pertaining to Local Board requirements. Chair Gephart asked if there were any questions. Member Beck asked about the Board's current Model Rules. Mr. Benavidez explained PSPRS has circulated new proposed Model Rules which are expected to be adopted. It was recommended the Board possibly meet in December with its new attorney to review its current rules and ensure compliance.
There was no further discussion or action taken on this agenda item. |
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4. |
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REVIEW PROPOSALS FROM THE LAW FIRMS OF BOSSE ROLLMAN, P.C., AND GOERING, ROBERTS, RUBIN, BROGNA, ENOS AND TREADWELL-RUBIN, P.C., TO PROVIDE LEGAL SERVICES TO THE LOCAL BOARD ON AN AS-NEEDED AND AT WILL BASIS THE LOCAL BOARD IS EXPECTED TO SELECT FROM ONE OF THE FIRMS
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Members were provided with correspondence, CV's and additional information from two law firms identified as qualified to represent Local Boards. Both firms are experienced and in compliance with legislative changes. During review of the materials provided, members considered the rate structures, the list of other Local Board clients and the detail of expertise provided by both firms. It was noted one firm appeared to represent more fire department boards versus public safety and although under the same system, there is a difference in procedures and culture. It was also noted that one firm outlined expertise in workers compensation and medical disability. The other firm may be equally qualified and did not include that information. Member Trevizo inquired how these firms were selected for review. Chair Gephart confirmed both firms were referred by the Board's current legal counsel because they are willing to limit their practices to Local Board representation and have experience in representing Local Boards. Chair Gephart also confirmed the Town's procurement department requested a response from both firms for the information currently under review.
Member Trevizo asked if there had been any discussion with Marana in regard to consolidation and/or what their Local Board was pursuing. Both Chair Gephart and Secretary Rowley stated they had not spoken to Marana. Member Beck indicated her agreement with Member Trevizo regarding one firm's apparent experience in representing public safety boards. Member Trevizo suggested that during a question and answer session with both attorneys we may find that both have experience in representing public safety boards. Chair Gephart also stated he'd worked with one of the firms previously on a limited basis, but did not have any preferences.
Chair Gephart asked the Board what its preferred process was for hiring a new attorney. Options included either scheduling interviews of both firms, or moving to pursue one of the firms based on the information provided. Members Beck and Tracy felt comfortable pursuing the firm of Goering, Roberts...based on the information provided and were concerned with the timeframe necessary to schedule interviews and finalize an agreement prior to the end of the year. Member Trevizo felt the Board should conduct interviews to gain additional knowledge of both firms and to give absent Board Member Reynolds an opportunity to participate in the process. Secretary Rowley asked if it would be a good idea to schedule a meeting in December regardless of the motion made today to meet the newly hired attorney (or conduct interviews of both) and if so, would Mr. Benavidez still be available through the end of the year. Mr. Benavidez indicated he would be available to assist through year-end, however he encouraged the Board to select an attorney sooner and not delay the process, thus giving the Board sufficient time to update its Model Rules and update its information to PSPRS at the beginning of the year. Members continued deliberation of options and finalized their discussion of the matter. |