Meeting of the Legal & Personnel Subcommittee Minutes September 11, 2019

Retirement division memo header

STATE EMPLOYEES RETIREMENT COMMISSION
LEGAL AND PERSONNEL SUBCOMMITTEE
MINUTES OF MEETING

 

DATE:  September 11, 2019

PRESENT:
Chairman Peter Adomeit
Trustee Michael Carey
Trustee Charles Casella
Commission Counsel Michael Rose (Rose Kallor, LLP)
Commission Counsel Cindy Cieslak (Rose Kallor, LLP)

The Chairman called the meeting to order at 8:46 a.m. 

At 8:46 a.m., Charles Casella moved, seconded by Michael Carey to approve the agenda. All voted in favor. 

At 8:46 a.m., Chairman Adomeit called for new business.  

At 8:47 a.m., Charles Casella moved, seconded by Michael Carey, to enter executive session for the purpose of discussing Items 1-12 on the agenda for executive session.  All voted in favor.  Commission Counsel Michael Rose and Cindy Cieslak were invited into executive session for purposes of discussing Items 1-12.  

Executive Session - discussion and possible recommendation

  1. Brian Comerford petition for declaratory ruling - written legal opinion.
  2. Heather Paladino petition for declaratory ruling - written legal opinion
  3. Mariana Grzeszcyk petition for declaratory ruling - written legal opinion.
  4. Jeffrey LaPorto petition for declaratory ruling - written legal opinion.
  5. Brian Sinclair request for reconsideration - written legal opinion.
  6. Elaine Carvalho appeal - written legal opinion.
  7. Thomas Roberts - written legal opinion.
  8. Ronald Johnson - pending litigation.
  9. Town of Thompson - pending litigation.
  10. David Carter/Richard Kay - pending litigation.
  11. Catherine Crandle - pending litigation.
  12. Tier IVS - written legal opinion.  

At 11:12 a.m., Charles Casella moved, seconded by Michael Carey to come out of executive session.  All voted in favor. 

At 11:12 a.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that it accept the recommendation of counsel and proceed with issuing the declaratory ruling in the matter of Marianna Grzeszcyk as drafted.  All voted in favor. 

At 11:13 a.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that it accept the recommendation of counsel to decline to issue a declaratory ruling in the matter of Jeffrey LaPorto and that the Commission authorize the Chairman to communicate the reasons therefor via letter.  All voted in favor. 

At 11:14 a.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that it accept the recommendation of counsel that the request for reconsideration made by Brian Sinclair be granted and that a hearing be scheduled accordingly.  All voted in favor. 

At 11:15 a.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that it accept the recommendation of counsel to deny Elaine Carvalhoļæ½s appeal in which she requested that the Commission reinstate her benefit and that the Commission continue to suspend benefit payments as long as Ms. Carvalho remains employed with a participating municipality in a manner that violates the CMERS reemployment statute.  All voted in favor. 

At 11:16 a.m., Michael Carey moved, seconded by Charles Casella to recommend to the Commission that, with respect to Item 7, it accept the recommendation of counsel to direct the Division to follow the instructions of the correct court order in the Roberts v. Roberts matter, process payments accordingly, and initiate calculation and recoupment of any overpayment.  All voted in favor. 

AAt 11:18 a.m., the Chairman called for Old Business. No old business was discussed. 

MEETING ADJOURNED:  With no further business before the Subcommittee, at 11:18 a.m., Charles Casella moved, seconded by Michael Carey, to adjourn.  All voted in favor.  Meeting adjourned. 

Respectfully submitted, 

Michael Carey 

 

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