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MINUTES PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM REGULAR SESSION November 8, 2022 HOPI CONFERENCE ROOM 11000 N. LA CAÑADA DRIVE

REGULAR SESSION AT OR AFTER 2:00 PM
CALL TO ORDER Chair Gephart called the meeting to order at 2:01 p.m.
ROLL CALL
Present: David Gephart, Chairman     Carmen Trevizo, Member     Roger Reynolds, Member     Katherine Beck, Member   Absent: Richard Tracy, Member Staff Present: Jennifer Inboden, Local Board Secretary Andrew Apodaca, Local Board Independent Legal Counsel
CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Board on any issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Board members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Board may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card.
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 3-11. The Board will take action on these items in open session.
REGULAR SESSION AGENDA
	1.			REVIEW AND APPROVAL OF THE JULY 12, 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 July 12, 2022 regular session minutes.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	2.			REVIEW AND APPROVAL OF THE JULY 12, 2022 EXECUTIVE SESSION MEETING MINUTES Members reviewed the minutes as written with no discussion.

				Motion by Member Carmen Trevizo, seconded by Member Roger Reynolds to approve the July 12, 2022 executive session minutes.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	3.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER SAUL DIAZ-ZUNIGA, HIRE DATE SEPTEMBER 6, 2022, TIER 3 DATE DECEMBER 5, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03 (A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Katherine Beck to find that Saul Diaz-Zuniga 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, September 6, 2022, with a Tier 3 date of December 5, 2022.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to table the pre-existing condition determination as to Officer Diaz-Zuniga, until appropriate medical documentation can be obtained in compliance with A.R.S. §38-859(A)(1),(B).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	4.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER MATTHEW FARMER, HIRE DATE SEPTEMBER 6, 2022, TIER 3 DATE DECEMBER 5, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03(A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Member Carmen Trevizo, seconded by Chairman David Gephart to find that Matthew Farmer 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, September 6, 2022, with a Tier 3 date of December 5, 2022 AND to declare the Board’s finding of one (1) pre-existing condition as noted in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	5.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER KATELYN GOMEZ, HIRE DATE SEPTEMBER 6, 2022, TIER 3 DATE DECEMBER 5, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03(A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Member Carmen Trevizo, seconded by Member Roger Reynolds to find that Katelyn Gomez 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 her hire, September 6, 2022, with a Tier 3 date of December 5, 2022 AND to declare the Board’s finding of two (2) pre-existing conditions as noted in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	6.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER CLAYTON HASKINS, HIRE DATE SEPTEMBER 6, 2022, TIER 3 DATE DECEMBER 5, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03(A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to find that Clayton Haskins 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, September 6, 2022, with a Tier 3 date of December 5, 2022 AND to declare no pre-existing conditions as set forth in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	7.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR LATERAL TRANSFER OFFICER TAYLOR HATTEN WITH A HIRE DATE OF AUGUST 15, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03(A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION
				The Board noted that one condition listed on the pre-existing condition coversheet for Officer Hatten was one that the Board has traditionally not declared.

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to find that Taylor Hatten 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 her hire, August 15, 2022 AND to declare the Board’s finding of one (1) pre-existing condition as noted in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	8.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER ANDREW MAISH, HIRE DATE SEPTEMBER 6, 2022, TIER 3 DATE DECEMBER 5, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03(A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Katherine Beck to find that Andrew Maish 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, September 6, 2022, with a Tier 3 date of December 5, 2022 AND to declare the Board’s finding of one (1) pre-existing condition as noted in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	9.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER MICHAEL RYSKE, HIRE DATE JULY 12, 2022, TIER 3 DATE OCTOBER 10, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03(A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to find that Michael Ryske 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, July 12, 2022, with a Tier 3 date of October 10, 2022 AND to declare the Board’s finding of no pre-existing conditions as set forth in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	10.			NEW MEMBERSHIP APPROVAL AND REVIEW FOR POSSIBLE PRE-EXISTING CONDITIONS FOR NEW OFFICER MICHELE TORRES, HIRE DATE SEPTEMBER 6, 2022, TIER 3 DATE DECEMBER 5, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03(A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Member Carmen Trevizo, seconded by Member Katherine Beck to find that Michele Torres 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 her hire, September 6, 2022, with a Tier 3 date of December 5, 2022 AND to declare the Board’s finding of six (6) pre-existing conditions as noted in the medical examination report.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	11.			NEW MEMBERSHIP APPROVAL AND REVIEW AND POSSIBLE ACTION ON PRE-EXISTING CONDITION FOR LATERAL TRANSFER OFFICER ERIC FORREST WITH A HIRE DATE OF NOVEMBER 21, 2022 Mr. Apodaca stated that he had legal advice and confidential medical review for agenda items 3-11.

				Motion by Chairman David Gephart, seconded by Member Carmen Trevizo to enter Executive Session at 2:04 p.m. pursuant to A.R.S. §38-431.03(A)(2)&(3).

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ENTER EXECUTIVE SESSION

				Motion by Chairman David Gephart, seconded by Member Roger Reynolds to adjourn Executive Session at 2:59 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
				ADJOURN EXECUTIVE SESSION

				Motion by Chairman 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, November 21, 2022, AND to declare the Board’s finding of one (1) pre-existing condition as noted in the medical examination report for any condition declared by a previous agency.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
	12.			REVIEW AND APPROVAL OF RESIGNATIONS AND RETIREMENTS OF THE FOLLOWING MEMBERS, THUS TERMINATING THEIR MEMBERSHIP: RAUL VERDUGO RETIREMENT EFFECTIVE FEBRUARY, 25, 2022, SCOTT CARLILE RESIGNATION EFFECTIVE MARCH 25, 2022, JOSE M SANCHEZ RESIGNATION EFFECTIVE APRIL 1, 2022, WESLEY HELVIG RETIREMENT EFFECTIVE APRIL 3, 2022, BRIANNA FISHER RESIGNATION EFFECTIVE APRIL 22, 2022, DONALD HEDRICK RETIREMENT EFFECTIVE JUNE 30, 2022, CORRIE WARD RESIGNATION EFFECTIVE JULY 15, 2022, KRISTINE FILIPPELLI RETIREMENT EFFECTIVE JULY 28, 2022, ERIC FORREST RESIGNATION EFFECTIVE AUGUST 28, 2022, MATTHEW HORETSKI RETIREMENT EFFECTIVE OCTOBER 21, 2022, ZACKERY SCHMITZ RESIGNATION EFFECTIVE OCTOBER 22, 2022, AND JOSE G SANCHEZ RESIGNATION EFFECTIVE OCTOBER 27, 2022

				Motion by Member Roger Reynolds, seconded by Member Katherine Beck to approve to terminate the memberships of Raul Verdugo, Scott Carlile, Jose M Sanchez, Wesley Helvig, Brianna Fisher, Donald Hedrick, Corrie Ward, Kristine Filippelli, Eric Forrest, Matthew Horetski, Zackery Schmitz and Jose G Sanchez.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (ABSENT)
FUTURE AGENDA ITEMS Next meeting Tuesday, January 10, 2023 at 2:00 p.m. in the Hopi Conference Room.
ADJOURNMENT

				Motion by Member Roger Reynolds, seconded by Member Katherine Beck to adjourn the meeting at 3:19 p.m.

				Vote: 4 - 0 Carried
				Other: Member Richard Tracy (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 8th day of November, 2022.  I further certify that the meeting was duly called and held and that a quorum was present. Dated this _9th_ day of __November_, 2022.   ___________________________ Jen Inboden Human Resources Analyst