DATE: March 8, 2017
Chairman Peter Adomeit
Trustee Michael Carey
Trustee Charles Casella
Commission Counsel Michael Rose (FordHarrison, LLP)
Commission Counsel Cindy Cieslak (FordHarrison, LLP)
Commission Tax Counsel Bruce Barth (Robinson & Cole)
MEETING CALLED TO ORDER. At 8:36 a.m. Chairman Adomeit called the meeting to order, with the following individuals present: Chairman Peter Adomeit; Trustee Michael Carey; Trustee Charles Casella; Commission Counsel Michael Rose (FordHarrison, LLP); Commission Counsel Cindy Cieslak (FordHarrison, LLP); and Commission Tax Counsel Bruce Barth (Robinson & Cole).
At 8:36 a.m., Charles Casella moved to approve the agenda. The motion was seconded by Michael Carey. All in favor.
At 8:37 a.m. Attorney Cieslak advised that there was recent activity with respect to Dr. David Carter and that the agenda should be amended to discuss the matter.
At 8:38 a.m. Charles Casella moved to amend the agenda to include the Carter matter on the agenda to be discussed in executive session as pending litigation after the Phillips matter but prior to the discussion on the Ford Harrison contract option. Michael Carey seconded the motion. All in favor.
At 8:39 a.m. Chairman Adomeit called for new business.
Attorney Cieslak advised that Ms. Brenda Halpin had informed her that Mr. Leavens had requested to appear before the Commission regarding the Commission?s decision to suspend his CMERS benefit; therefore, the matter would likely appear on the Commission?s agenda in the next month or two. Attorney Cieslak advised that the Commission may choose to treat Mr. Leavens? request as a request for reconsideration given that his matter had already been determined by the Legal & Personnel Subcommittee and the full Commission.
Chairman Adomeit gave an update as to proposed legislation pertaining to CMERS. He advised that after the Commission?s meeting on February 22, 2017, he canceled the meetings he had scheduled with the legislative leaders. He is waiting on guidance from the Commission as to how to proceed. There was a discussion about continuing to enforce the CMERS reemployment statute this year in the same manner as 2016. There was also discussion about the possibility of drafting regulations concerning enforcement of the CMERS reemployment statute.
At 8:47 a.m., Charles Casella moved to enter into executive session for the purpose of discussing item nos. 1-13 on the amended agenda for executive session. Michael Carey seconded the motion. All in favor. Attorneys Rose, Cieslak, and Barth were invited into executive session.
A break was taken from 10:23 a.m. until 10:29 a.m.
At 11:47 a.m., Attorneys Cieslak and Barth were excused from the executive session. Attorney Rose remained to give a statement concerning Item no. 13. Attorney Rose was excused after his statement. Attorney Barth was invited into executive session to provide a statement concerning Item no. 13. After his statement, Attorney Barth was excused.
A break was taken from 12:14 p.m. until 12:20 p.m.
No motions were taken in executive session.
At 12:20 p.m., Charles Casella moved to come out of executive session. The motion was seconded by Michael Carey. All in favor.
At 12:21 p.m. Chairman Adomeit asked if there was any old business to discuss. No old business was raised.
At 12:21 p.m., Chairman Adomeit called for any motions as to the recommendations of the Legal & Personnel Subcommittee to the Commission as they pertain to items on the agenda.
Charles Casella moved to recommend that the Commission approve the analysis of the MEB decisions from the January packet as will be presented to the Commission at its March meeting. Michael Carey seconded the motion. All in favor.
Charles Casella moved to recommend that the Commission direct legal counsel to update and revise the procedures handbook for the Medical Examining Board. Michael Carey seconded the motion. All in favor.
Charles Casella moved to recommend that the Commission consider Ms. Diaz?s January 30, 2017 letter as a petition for declaratory ruling, but that the Commission decline to issue a declaratory ruling. Michael Carey seconded the motion. All in favor.
Charles Casella moved to recommend that the Commission instruct legal counsel to remove Carter?s pending litigation to federal court. Michael Carey seconded the motion. All in favor.
MEETING ADJOURNED: At 12:29 p.m. Charles Casella moved, and Michael Carey seconded to adjourn. All in favor. Meeting adjourned.
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