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MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM REGULAR SESSION May 10, 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 2:01 p.m.
ROLL CALL
Present: David Gephart, Chair     Carmen Trevizo, Member     Katherine Beck, Member     Richard Tracy, Member   Absent: Roger Reynolds, Member Staff Present: Jennifer Inboden, Local Board Secretary Pamela Treadwell-Rubin, Esq., Local Board Independent Legal Counsel Andy Apodaca, 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 3, 4, 5, 6, 7, 8 and 9. The Board will take action on these items in open session.
REGULAR SESSION AGENDA
	1.			REVIEW AND APPROVAL OF THE MARCH 14, 2022 REGULAR SESSION MEETING MINUTES
				Members reviewed the minutes as written with no discussion.

				Motion by Chair David Gephart, seconded by Member Katherine Beck to approve the March 14, 2022 regular session meeting minutes.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
	2.			REVIEW AND APPROVAL OF THE MARCH 14, 2022 EXECUTIVE SESSION MEETING MINUTES
				Members reviewed the minutes as written with no discussion.

				Motion by Chair David Gephart, seconded by Member Carmen Trevizo to approve the March 14, 2022 executive session meeting minutes.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
	3.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR LATERAL TRANSFER OFFICER DEXTER POLAND JR WITH A HIRE DATE OF APRIL 18, 2022
				Members began review of membership applications and physicals, setting aside items for possible discussion in Executive Session.

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to enter Executive Session at 2:09 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Member Katherine Beck, seconded by Member Richard Tracy to adjourn Executive Session at 2:22 p.m.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to find that Dexter Poland Jr meets 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 his hire, April 18, 2022 AND to declare no pre-existing conditions.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
	4.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER ISAIAH DAVIDSON, HIRE DATE MAY 16, 2022, TIER 3 DATE AUGUST 13, 2022
				Members began review of membership applications and physicals, setting aside items for possible discussion in Executive Session.

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to enter Executive Session at 2:09 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Member Katherine Beck, seconded by Member Richard Tracy to adjourn Executive Session at 2:22 p.m.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ADJOURN EXECUTIVE SESSION
				Members resumed review and discussion of membership applications and physicals and were in agreement that two separate motions were required, one approving membership and one noting possible pre-existing conditions. Members and Counsel instructed the Local Board Secretary to notify Isaiah Davidson of the finding of possible pre-existing conditions. The notice to Isaiah Davidson should include the conditions noted, and an invitation for Mr. Davidson to provide the Local Board with additional information for consideration at the next regular session meeting.

				Motion by Chair David Gephart, seconded by Member Carmen Trevizo to find that Isaiah Davidson meets 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 his hire, May 16, 2022, with a Tier 3 date of August 13, 2022.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)

				Motion by Chair David Gephart, seconded by Member Carmen Trevizo to table the pre-existing condition determination as to Officer Davidson to allow a statutory 30 day protest period, until appropriate medical documentation can be obtained in compliance with A.R.S. § 38-859 (A)(1), (B) and Model Rules section D.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
	5.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER ALEXANDER SMALLBROCK, HIRE DATE MAY 16, 2022, TIER 3 DATE AUGUST 13, 2022
				Members began review of membership applications and physicals, setting aside items for possible discussion in Executive Session.

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to enter Executive Session at 2:09 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Member Katherine Beck, seconded by Member Richard Tracy to adjourn Executive Session at 2:22 p.m.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to find that Alexander Smallbrock meets 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 his hire, May 16, 2022, with a Tier 3 date of August 13, 2022 AND to declare no pre-existing conditions, as set forth in the medical report.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
	6.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR LATERAL TRANSFER OFFICER ERIC FORREST WITH A HIRE DATE OF MAY 16, 2022
				Members began review of membership applications and physicals, setting aside items for possible discussion in Executive Session.

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to enter Executive Session at 2:09 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Member Katherine Beck, seconded by Member Richard Tracy to adjourn Executive Session at 2:22 p.m.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ADJOURN EXECUTIVE SESSION
				Members resumed review and discussion of membership applications and physicals and were in agreement that two separate motions were required, one approving membership and one noting possible pre-existing conditions. Members and Counsel instructed the Local Board Secretary to notify Eric Forrest of the finding of possible pre-existing conditions. The notice to Eric Forrest should include the conditions noted, and an invitation for Mr. Forrest to provide the Local Board with additional information for consideration at the next regular session meeting.

				Motion by Chair David Gephart, seconded by Member Carmen Trevizo to find that Eric Forrest meets 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 his hire, May 16, 2022.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)

				Motion by Chair David Gephart, seconded by Member Carmen Trevizo to table the pre-existing condition determination as to Officer Forrest to allow a statutory 30 day protest period, until appropriate medical documentation can be obtained in compliance with A.R.S. § 38-859 (A)(1), (B) and Model Rules section D.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
	7.			REVIEW AND POSSIBLE ACTION ON PRE-EXISTING CONDITION FOR GEORGE A. MARISCAL
				Members began review of the additional information submitted by the examining physician, setting aside items for possible discussion in Executive Session.

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to enter Executive Session at 2:09 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Member Katherine Beck, seconded by Member Richard Tracy to adjourn Executive Session at 2:22 p.m.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to affirm the membership approval for George Mariscal as it stands and note the Board's finding of three pre-existing conditions as noted in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
	8.			REVIEW AND POSSIBLE ACTION ON PRE-EXISTING CONDITION FOR MASON MYHRE
				Members began review of the additional information submitted by the examining physician, setting aside items for possible discussion in Executive Session.

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to enter Executive Session at 2:09 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Member Katherine Beck, seconded by Member Richard Tracy to adjourn Executive Session at 2:22 p.m.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Member Carmen Trevizo, seconded by Chair David Gephart to affirm the membership approval for Mason Myhre as it stands and note the Board's finding of one pre-existing condition as noted in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
	9.			REVIEW AND POSSIBLE ACTION ON PRE-EXISTING CONDITIONS FOR MICHAEL PERRY
				Members began review of the additional information submitted by the examining physician, setting aside items for possible discussion in Executive Session.

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to enter Executive Session at 2:09 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Member Katherine Beck, seconded by Member Richard Tracy to adjourn Executive Session at 2:22 p.m.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Member Carmen Trevizo, seconded by Member Richard Tracy to affirm the membership approval for Michael Perry as it stands and note the Board's finding of two pre-existing conditions as noted in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)
FUTURE AGENDA ITEMS Possible action on possible pre-existing conditions for Isaiah Davidson and Eric Forrest.
ADJOURNMENT

				Motion by Member Richard Tracy, seconded by Member Katherine Beck to adjourn the meeting at 2:30 p.m.

				Vote: 4 - 0 Carried
				Other: Member Roger Reynolds (ABSENT)

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 10 day of May, 2022.  I further certify that the meeting was duly called and held and that a quorum was present. Dated this _10__ day of ________May________, 2022.   ___________________________ Jennifer Inboden Local Board Secretary