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MINUTES
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM
REGULAR SESSION
July 12, 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 2:09 p.m.
             
ROLL CALL
Present: David Gephart, Member  
  Carmen Trevizo, Member  
  Roger Reynolds, Member  
  Katherine Beck, Member  
  Richard Tracy, 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 4, 5, 6, and 7. The Board will take action on these items in open session.
             
REGULAR SESSION AGENDA
             
   1. REVIEW AND APPROVAL OF THE MAY 10, 2022 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 May 10, 2022 regular session minutes.

  Vote: 5 - 0 Carried
             
   2. REVIEW AND APPROVAL OF THE MAY 10, 2022 EXECUTIVE SESSION MEETING MINUTES

Members reviewed the minutes as written with no discussion.
             
  Motion by Member Carmen Trevizo, seconded by Member David Gephart to approve the May 10, 2022 executive session minutes.

  Vote: 5 - 0 Carried
             
   3. REVIEW AND POSSIBLE ACTION ON RENEWAL OF CONTRACT WITH DR. SCOTT KRASNER AS INDEPENDENT MEDICAL EXAMINER

Chair Gephart expanded to say that Dr. Krasner is the incumbent as the Independent Medical Examiner for the Board and since his contract was up, we went out to bid and he was the only responsive bidder. Ms. Treadwell-Rubin added that she works with Dr. Krasner with her other clients and his fees are consistent with what he charges other organizations. She pointed out that he specializes in occupational medicine and has forensic training and is used to analyzing causation, which is helpful to the Board with disability cases. She agreed that it is good to have a contract in place and know that the Board has someone available, but pointed out that she may advise the Board to use someone else or a group including a specialist and Dr. Krasner depending on the nature of the disability. Ms. Treadwell-Rubin pointed out that Dr. Krasner is well-known in the community for being a good group coordinator and will summarize the records and write the report. She stated her opinion that she believes he is generally a good option for an Independent Medical Examiner.
Ms. Treadwell-Rubin asked if the Town Attorney did the contract. Chair Gephart confirmed that the Town Attorney did. Ms. Treadwell-Rubin offered that she is happy to review contracts if that is helpful to the Town Attorney.
             
  Motion by Member Katherine Beck, seconded by Member Richard Tracy to renew the contract with Dr. Scott Krasner as Independent Medical Examiner for five years.

  Vote: 5 - 0 Carried
             
   4. REVIEW AND DISCUSSION OF POLICE RECRUIT POSITION AND POSSIBLE ACTION REGARDING DETERMINATION OF START DATE OF MEMBERSHIP

Ms. Treadwell-Rubin stated that she and Mr. Apodaca have legal advice and confidential medical review for the rest of the agenda items.
             
  Motion by Member Roger Reynolds, seconded by Member Carmen Trevizo to enter Executive Session at 2:19 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

  Vote: 5 - 0 Carried
  ENTER EXECUTIVE SESSION
             
  Motion by Member Roger Reynolds, seconded by Member Katherine Beck to adjourn Executive Session at 2:52 p.m.

  Vote: 5 - 0 Carried
  ADJOURN EXECUTIVE SESSION
             
  Motion by Member Carmen Trevizo, seconded by Member Roger Reynolds to exercise the Board's discretion pursuant to A.R.S. § 38-842 (27) to find that PSPRS membership status for recruits in training shall be authorized on the date of promotion to Police Officer, effective on June 1, 2022.

  Vote: 5 - 0 Carried
             
   5. NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW RECRUIT XAVIER ALTAMIRANO, HIRE DATE JUNE 13, 2022, TIER 3 DATE SEPTEMBER 11, 2022

Ms. Treadwell-Rubin stated that she and Mr. Apodaca have legal advice and confidential medical review for the rest of the agenda items.
             
  Motion by Member Roger Reynolds, seconded by Member Carmen Trevizo to enter Executive Session at 2:19 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

  Vote: 5 - 0 Carried
  ENTER EXECUTIVE SESSION
             
  Motion by Member Roger Reynolds, seconded by Member Katherine Beck to adjourn Executive Session at 2:52 p.m.

  Vote: 5 - 0 Carried
  ADJOURN EXECUTIVE SESSION
             
  Motion by Member David Gephart, seconded by Member Carmen Trevizo to find that Xavier Altamirano 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 promotion to Police Officer, July 11, 2022, with a Tier 3 date of October 10, 2022 AND to note the Board's finding of one pre-existing condition as noted in the medical examination report pending the expiration of the 30-day window to contest.

  Vote: 5 - 0 Carried
             
   6. REVIEW AND POSSIBLE ACTION ON PRE-EXISTING CONDITIONS FOR ISAIAH DAVIDSON

Ms. Treadwell-Rubin stated that she and Mr. Apodaca have legal advice and confidential medical review for the rest of the agenda items.
             
  Motion by Member Roger Reynolds, seconded by Member Carmen Trevizo to enter Executive Session at 2:19 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

  Vote: 5 - 0 Carried
  ENTER EXECUTIVE SESSION
             
  Motion by Member Roger Reynolds, seconded by Member Katherine Beck to adjourn Executive Session at 2:52 p.m.

  Vote: 5 - 0 Carried
  ADJOURN EXECUTIVE SESSION
             
  Motion by Member Carmen Trevizo, seconded by Member David Gephart to affirm the membership approval for Isaiah Davidson as it stands and note the Board's finding of five pre-existing conditions as noted in the medical examination report. 

  Vote: 5 - 0 Carried
             
   7. REVIEW AND POSSIBLE ACTION ON PRE-EXISTING CONDITION FOR ERIC FORREST

Ms. Treadwell-Rubin stated that she and Mr. Apodaca have legal advice and confidential medical review for the rest of the agenda items.
 
             
  Motion by Member Roger Reynolds, seconded by Member Carmen Trevizo to enter Executive Session at 2:19 p.m. pursuant to A.R.S. §38-431.03 (A) (2) & (3).

  Vote: 5 - 0 Carried
  ENTER EXECUTIVE SESSION
             
  Motion by Member Roger Reynolds, seconded by Member Katherine Beck to adjourn Executive Session at 2:52 p.m.

  Vote: 5 - 0 Carried
  ADJOURN EXECUTIVE SESSION
             
  Motion by Member Roger Reynolds, seconded by Member Katherine Beck to table the pre-existing condition determination as to Officer Forrest, until appropriate medical documentation can be obtained in compliance with A.R.S. § 38-859 (A)(1), (B).

  Vote: 5 - 0 Carried
             
FUTURE AGENDA ITEMS

Next meeting Tuesday, September 13 at 2:00 p.m. in Hopi Conference Room
             
ADJOURNMENT
             
  Motion by Member Roger Reynolds, seconded by Member Richard Tracy to adjourn the meeting at 2:59 p.m.

  Vote: 5 - 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 12th day of July, 2022. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this _12__ day of _______July_________, 2022.
 

___________________________
Jennifer Inboden
Local Board Secretary

    

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