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MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
REGULAR SESSION
March 14, 2022
HOPI CONFERENCE ROOM
11000 N. LA CAÑADA DRIVE
             
REGULAR SESSION AT OR AFTER 2:00 PM
             
CALL TO ORDER

Chair David Gephart called the meeting to order at 2:02 p.m.
             
ROLL CALL
Present: David Gephart, Chair  
  Carmen Trevizo, Member  
  Katherine Beck, Member  
  Roger Reynolds, Member  
Absent: Richard Tracy, Member
Staff Present: Jennifer Inboden, Local Board Secretary
Judy Boros, HR Director
Attendees: Pamela Treadwell-Rubin, Esq., Local Board Independent Legal Counsel
             
CALL TO AUDIENCE

Chair David Gephart opened the call to audience. No comments were received.
             
Notice of Possible Executive Session
Pursuant to ARS § 38-431.03 (A)(2)(3), the Board may vote to convene in executive session to discuss or consider confidential records exempt by law from public inspection, and/or to consult with the Board's attorney for legal advice and to consider the Board's position and to instruct the Board's attorney regarding its position in contemplated litigation regarding Agenda Items 4, 5 and 6. The Board will take action on these items in open session.
             
REGULAR SESSION AGENDA
             
   1. REVIEW AND APPROVAL OF THE DECEMBER 14, 2021 REGULAR SESSION MEETING MINUTES

Members reviewed the minutes as written with no discussion.

Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to approve the December 14, 2021 regular session meeting minutes.

Vote: 4-0 Carried
 
             
   2. APPOINTMENT OF JENNIFER INBODEN AS PSPRS LOCAL BOARD SECRETARY EFFECTIVE MARCH 14, 2022

Motion by Chair David Gephart, seconded by Member Roger Reynolds to approve the appointment of Jennifer Inboden as PSPRS Local Board Secretary effective March 14, 2022.

Vote: 4-0 Carried
             
   3. APPOINTMENT OF RACHEL BEHRENS AS ASSISTANT/ALTERNATE PSPRS LOCAL BOARD SECRETARY EFFECTIVE MARCH 14, 2022

Motion by Member Carmen Trevizo, seconded by Member Roger Reynolds to approve the appointment of Rachel Behrens as Assistant/Alternate PSPRS Local Board Secretary effective March 14, 2022.

Vote: 4-0 Carried
             
   4. NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER GEORGE A. MARISCAL, HIRE DATE JANUARY 18, 2022, TIER 3 DATE APRIL 17, 2022

Members began review of membership applications and physicals, setting aside items for possible discussion in Executive Session.

ENTER EXECUTIVE SESSION

Motion by Member Katherine Beck, seconded by Member Carmen Trevizo to enter Executive Session at 2:07 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

Vote: 4-0 Carried

ADJOURN EXECUTIVE SESSION

Motion by Chair David Gephart, seconded by Member Katherine Beck to adjourn Executive Session at 2:47 p.m.

Vote: 4-0 Carried

Members resumed review and discussion of membership applications and physicals and were in agreement that two separate motions were required, one approving membership of all officers on the agenda and one noting possible pre-existing conditions. Members and Counsel instructed the Local Board Secretary to notify George Mariscal of the finding of possible pre-existing conditions. The notice to George Mariscal should include the conditions noted, and an invitation for Mr. Mariscal to provide the Local Board with additional information for consideration at the next regular session meeting. 

Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to find that all officers on this agenda meet all applicable PSPRS membership definitions, including the definition of Member, A.R.S. §38-842 (31), and all its related definitions, and regular assignment to hazardous duty, pursuant to A.R.S. §38-842 (42), effective on the date of their hire, January 18, 2022, with a Tier 3 date of April 17, 2022.

Vote: 4-0 Carried

Motion by Chair David Gephart, seconded by Member Carmen Trevizo to table the pre-existing condition determinations for all officers on this agenda and request additional information in compliance with A.R.S. §38-859 (A)(1), (B) and Model Rules section D as proposed in Item 7.

Vote: 4-0 Carried
             
   5. NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER MASON MYHRE, HIRE DATE JANUARY 18, 2022, TIER 3 DATE APRIL 17, 2022

Members began review of membership applications and physicals, setting aside items for possible discussion in Executive Session.

ENTER EXECUTIVE SESSION

Motion by Member Katherine Beck, seconded by Member Carmen Trevizo to enter Executive Session at 2:07 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

Vote: 4-0 Carried

ADJOURN EXECUTIVE SESSION

Motion by Chair David Gephart, seconded by Member Katherine Beck to adjourn Executive Session at 2:47 p.m.

Vote: 4-0 Carried

Members resumed review and discussion of membership applications and physicals and were in agreement that two separate motions were required, one approving membership of all officers on the agenda and one noting possible pre-existing conditions. Members and Counsel instructed the Local Board Secretary to notify Mason Myhre of the finding of possible pre-existing conditions. The notice to Mason Myhre should include the conditions noted, and an invitation for Mr. Myhre to provide the Local Board with additional information for consideration at the next regular session meeting. 

Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to find that all officers on this agenda meet all applicable PSPRS membership definitions, including the definition of Member, A.R.S. §38-842 (31), and all its related definitions, and regular assignment to hazardous duty, pursuant to A.R.S. §38-842 (42), effective on the date of their hire, January 18, 2022, with a Tier 3 date of April 17, 2022.

Vote: 4-0 Carried

Motion by Chair David Gephart, seconded by Member Carmen Trevizo to table the pre-existing condition determinations for all officers on this agenda and request additional information in compliance with A.R.S. §38-859 (A)(1), (B) and Model Rules section D as proposed in Item 7.

Vote: 4-0 Carried
             
   6. NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER MICHAEL PERRY, HIRE DATE JANUARY 18,2022, TIER 3 DATE APRIL 17, 2022

Members began review of membership applications and physicals, setting aside items for possible discussion in Executive Session.

ENTER EXECUTIVE SESSION

Motion by Member Katherine Beck, seconded by Member Carmen Trevizo to enter Executive Session at 2:07 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

Vote: 4-0 Carried

ADJOURN EXECUTIVE SESSION

Motion by Chair David Gephart, seconded by Member Katherine Beck to adjourn Executive Session at 2:47 p.m.

Vote: 4-0 Carried

Members resumed review and discussion of membership applications and physicals and were in agreement that two separate motions were required, one approving membership of all officers on the agenda and one noting possible pre-existing conditions. Members and Counsel instructed the Local Board Secretary to notify Michael Perry of the finding of possible pre-existing conditions. The notice to Michael Perry should include the conditions noted, and an invitation for Mr. Perry to provide the Local Board with additional information for consideration at the next regular session meeting. 

Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to find that all officers on this agenda meet all applicable PSPRS membership definitions, including the definition of Member, A.R.S. §38-842 (31), and all its related definitions, and regular assignment to hazardous duty, pursuant to A.R.S. §38-842 (42), effective on the date of their hire, January 18, 2022, with a Tier 3 date of April 17, 2022.

Vote: 4-0 Carried

Motion by Chair David Gephart, seconded by Member Carmen Trevizo to table the pre-existing condition determinations for all officers on this agenda and request additional information in compliance with A.R.S. §38-859 (A)(1), (B) and Model Rules section D as proposed in Item 7.

Vote: 4-0 Carried
             
   7. REVIEW AND DISCUSSION OF FINAL VERSION OF PSPRS MODEL RULES OF LOCAL BOARD PROCEDURES AND POSSIBLE ACTION IN COMPLIANCE OR FOLLOW UP NEEDED FOR ALTERNATIVE RULES

Members began review of the PSPRS Model Rules of Local Board Procedures, setting aside items for possible discussion in Executive Session.

ENTER EXECUTIVE SESSION

Motion by Member Katherine Beck, seconded by Member Carmen Trevizo to enter Executive Session at 2:07 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

Vote: 4-0 Carried

ADJOURN EXECUTIVE SESSION

Motion by Chair David Gephart, seconded by Member Katherine Beck to adjourn Executive Session at 2:47 p.m.

Vote: 4-0 Carried

Motion by Member Carmen Trevizo, seconded by Member Roger Reynolds to approve the use of Pre-Existing Condition(s) Report form presented by Counsel Pamela Treadwell-Rubin for agenda items 4, 5 and 6 and going forward when reviewing memberships.

Vote: 4-0 Carried
             
FUTURE AGENDA ITEMS

Possible action on possible pre-existing conditions for George Mariscal, Mason Myhre, and Michael Perry.
             
ADJOURNMENT

Motion by Member Katherine Beck, seconded by Member Roger Reynolds to adjourn the meeting at 2:52 p.m.

Vote: 4-0 Carried
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Public Safety Personnel Retirement System Board of Oro Valley, Arizona held on the 14 day of March, 2022.  I further certify that the meeting was duly called and held and that a quorum was present.

Dated this _14___ day of ___March_______________, 2022.
 

___________________________
Jennifer Inboden
Local Board Secretary

    

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