DATE: January 8, 2020
PRESENT:
Chairman Peter Adomeit
Trustee Charles Casella
Trustee
Robert Coffey
Trustee Michael Carey
Commission Counsel Michael Rose
(Rose Kallor, LLP)
Commission Counsel Cindy Cieslak (Rose Kallor, LLP)
Commission Tax Counsel Bruce Barth (Robinson & Cole LLP)
Commission Tax
Counsel Alisha Sullivan (Robinson & Cole LLP)
John Herrington, Retirement
Services Division Director
The Chairman called the meeting to order at 2:04 p.m.
At 2:05 p.m., Robert Coffey moved, seconded by Charles Casella to amend the agenda to include �SERS Compilation � written legal opinion� as Item 1a. All voted in favor.
At 2:05 p.m., Robert Coffey moved, seconded by Charles Casella to approve the agenda as amended. All voted in favor.
At 2:05 p.m., Chairman Adomeit called for new business.
At 2:05 p.m., Robert Coffey moved, seconded by Charles Casella, to enter executive session for the purpose of discussing Items 1, 1a, and 2-11 on the agenda for executive session. All voted in favor. Michael Rose & Cindy Cieslak were invited into executive session for the purposes of discussing all items. Bruce Barth, Alisha Sullivan and John Herrington were invited into executive session for purposes of discussing Items 1-4. Bruce Barth, Alisha Sullivan and John Herrington exited the meeting at 2:49 p.m.
Executive Session - discussion and possible recommendation
1. VCP application - written legal opinion
1a. SERS Compilation - written legal opinion
David Carter/Richard Kay v. SERC � pending litigation
Town of Thompson v.
SERC � pending litigation
Catherine Crandle v. SERC � pending litigation
Scott Barton appeal � written legal opinion
Jeffrey Heser appeal � written
legal opinion
Gary Fredericks request for reconsideration � written legal
opinion
Thomas Roberts request for reconsideration � written legal opinion
Brian Comerford v. SERC � pending litigation
Marianna Grzeszczyk v. SERC
- pending litigation
At 3:36 p.m., Robert Coffey moved, seconded by Charles Casella to come out of executive session. All voted in favor.
At 3:36 p.m., Michael Carey moved, seconded by Robert Coffey to recommend to the Commission that it accept the recommendation of counsel that Mr. Barton has not presented any legal arguments which would support a reversal of the Division�s decision in this matter, and therefore, deny his appeal. All voted in favor.
At 3:38 p.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that it accept the recommendation of counsel that the factual support for termination of Mr. Heser�s benefit lacks foundation, and therefore, the Commission should direct the Division to implement reversal to reinstate Mr. Heser�s benefit retroactively. All voted in favor.
At 3:39 p.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that it accept the recommendation of counsel that the Commission deny Mr. Fredericks� request on reconsideration to transfer from Tier II to Tier I. All voted in favor.
At 3:40 p.m., the Chairman called for Old Business. No old business was discussed.
MEETING ADJOURNED: With no further business before the Subcommittee, at 3:40 p.m., Charles Casella moved, seconded by Robert Coffey, to adjourn. All voted in favor. Meeting adjourned.
Respectfully submitted,
Robert Coffey
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