Meeting of the Legal & Personnel Subcommittee Minutes November 13, 2019

Retirement division memo header

STATE EMPLOYEES RETIREMENT COMMISSION
LEGAL AND PERSONNEL SUBCOMMITTEE
MINUTES OF MEETING

 

DATE: November 13, 2019
 

PRESENT:
Chairman Peter Adomeit
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)
John Herrington, Retirement Services Division Director

The Chairman called the meeting to order at 8:45 a.m. 

At 8:46 a.m., Charles Casella moved, seconded by Robert Coffey to table Item 4 � Jeffrey Heser appeal under Executive Session.  All voted in favor. 

At 8:46 a.m., Charles Casella moved, seconded by Robert Coffey to amend the agenda to include an additional item, Brian Sinclair - evidentiary hearing pursuant to Regs., Conn. State Agencies �5-155a-2(i), to be heard in public session under New Business. All voted in favor. 

At 8:47 a.m., Charles Casella moved, seconded by Robert Coffey to approve the agenda as amended.  All voted in favor. 

At 8:48 a.m., Chairman Adomeit called for new business.   

At 8:48 a.m., Charles Casella moved, seconded by Robert Coffey, to enter executive session for the purpose of discussing Items 1-3 and 5-11 on the agenda for executive session.  All voted in favor.  Michael Rose, Cindy Cieslak and John Herrington were invited into executive session for purposes of discussing Items 1-3 and 5-11.  Bruce Barth was invited into executive session for purposes of discussing Items 1, 2, 5, 6 and 7.  Attorney Barth exited the meeting at 9:35 a.m.   

Executive Session - discussion and possible recommendation

  1.  Tier IV SPD - written legal opinion.
  2.  Lena Carter petition for declaratory ruling - pending claim/written legal opinion.
  3.  Ralph Tedesco petition for declaratory ruling - pending claim/written legal opinion.
  4.  Jeffrey Heser appeal - written legal opinion
  5.  Ronald Johnson - pending litigation.
  6.  Town of Thompson - pending litigation.
  7.  David Carter/Richard Kay - pending litigation.
  8.  Catherine Crandle - pending litigation.
  9.  Brian Comerford - pending litigation.
  10.  Marianna Grzeszczyk - pending litigation.
  11.  Municipal Liaison - personnel/appointment discussion. 

At 9:57 a.m., Robert Coffey moved, seconded by Charles Casella to come out of executive session.  All voted in favor. 

At 9:59 a.m., the Subcommittee conducted an evidentiary hearing pursuant to Regs., Conn. State Agencies �5-155a-2(i), allowing Mr. Sinclair, as well as his attorney Joseph Burns, an opportunity to present oral and documentary evidence in support of his claim that extraordinary circumstances prevented the filing of his complete disability retirement application with the appropriate supporting medical documentation within twenty-four months after Mr. Sinclair�s last day of paid employment pursuant to Regs., Conn. State Agencies �5-155a-2(d).  The Trustees requested that Mr. Sinclair submit a brief and evidence regarding the submission of medical records by December 2, 2019. 

The evidentiary hearing concluded at 10:27 a.m., and the Trustees took a break. 

At 10:36 a.m., the meeting reconvened and Charles Casella moved, seconded by Robert Coffey to enter executive session for the purpose of continuing the discussion concerning Items 1-3 and 5-11 on the agenda for executive session.  All voted in favor.  Michael Rose, Cindy Cieslak and John Herrington were invited into executive session for purposes of discussing Items 1-3 and 5-11. 

At 10:49 a.m., Robert Coffey moved, seconded by Charles Casella to come out of executive session.  All voted in favor. 

At 10:51 a.m., Robert Coffey moved, seconded by Charles Casella to recommend to the Commission that it approve the draft declaratory ruling in the matter of Ralph Tedesco. All voted in favor. 

At 10:55 a.m., the Chairman called for Old Business. No old business was discussed. 

MEETING ADJOURNED:  With no further business before the Subcommittee, at 10:56 a.m., Robert Coffey moved, seconded by Charles Casella, to adjourn.  All voted in favor.  Meeting adjourned.

 

Respectfully submitted, 

Robert Coffey 

 

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