Meeting of the Legal & Personnel Subcommittee of the State Employees Retirement Commission

DATE:  July 10, 2019

PRESENT: Chairman Peter Adomeit
Trustee Michael Carey
Trustee Charles Casella
Trustee Robert Coffey
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 8:37 a.m.

At 8:39 a.m., Robert Coffey moved, seconded by Charles Casella to amend the agenda to include a discussion regarding the request to join an amicus brief that will be submitted in support of the petition for certification filed with the U. S. Supreme Court in Fowler v. Guerin. All voted in favor. 

At 8:39 a.m., Robert Coffey moved, seconded by Charles Casella to approve the agenda as amended.  All voted in favor.

At 8:40 a.m., Chairman Adomeit called for new business. 

A discussion was held regarding the request for the Commission to join an amicus brief that will be submitted in support of the petition for certification filed with the U. S. Supreme Court in Fowler v. Guerin.  Division Director Herrington provided background information regarding the case and the 9th Circuit�s decision.  The Subcommittee determined that it is without enough information to take a position on the request given the short time period in which they had to consider the request.

At 9:00 a.m., Robert Coffey moved, seconded by Charles Casella, to enter executive session for the purpose of discussing Items 1-10 on the agenda for executive session.  All voted in favor.  Commission Counsel Michael Rose and Cindy Cieslak, Commission Tax Counsel Bruce Barth and Alisha Sullivan, and John Herrington were invited into executive session for purposes of discussing Items 1-10.

Executive Session - discussion and possible recommendation

1. David Gulick - written legal opinion
2. Dale King - written legal opinion
3. Ralph Tedesco petition for declaratory ruling - written legal opinion
4. Town of Thompson - pending litigation
5. Ronald Johnson - pending litigation
6. Catherine Crandle - pending litigation
7. David Carter/Richard Kay - pending litigation
8. James Rizzio - pending litigation
9. CMERS overpayments - written legal opinion
10. Prior military service credit - written legal opinion

Attorney Rose exited the meeting at 9:32 a.m.

At 10:28 a.m., Charles Casella moved, seconded by Robert Coffey to come out of executive session.  All voted in favor.

No motions were made regarding the items discussed in executive session.

At 10:28 a.m., the Chairman called for Old Business. No old business was discussed.

MEETING ADJOURNED:  With no further business before the Subcommittee, at 10:28 a.m., Charles Casella moved, seconded by Robert Coffey, to adjourn.  All voted in favor.  Meeting adjourned.

Respectfully submitted,

Robert Coffey 

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