MICHAEL A. HERMANSON Tel. (760) Retirement Administrator Fax (760)

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1 MICHAEL A. HERMANSON Tel. (760) Retirement Administrator Fax (760) KATHLEEN L. KUBLER Clerk of the Board 1221 State Street El Centro, CA BRIEF MINUTES REGULAR MEETING OF THE IMPERIAL COUNTY BOARD OF RETIREMENT October 19, :30 A.M. 940 W. Main Street County Administration Center, Second Floor El Centro, CA OPEN SESSION 1. The meeting was called to order by Chairman Vogel at 8:30 a.m. A. Roll Call: MEMBERS PRESENT: VOGEL, LIZARRAGA, BERMUDEZ, TERRAZAS, JAUREGUI, WILLIAMS, GARCIA, JERNIGAN, FLAMMANG MEMBERS ABSENT: NONE MEMBERS ARRIVING AFTER ROLL CALL: NONE ALTERNATES PRESENT: BUMGART LEGAL REPRESENTATIVES: Ryan D. Childers, Board Counsel; Vivian W. Shultz, Disability Counsel CLERK: Kathleen L. Kubler, Retirement Specialist STAFF: Michael A. Hermanson, Retirement Administrator; Regina Rodrigues, Assistant Retirement Administrator; Scott W. Jarvis, Accountant/Auditor, Angie Aguilera, Retirement/Disability Specialist OTHERS PRESENT: NONE B. Pledge of Allegiance: The Pledge of Allegiance was led by Chairman Vogel.

2 October 19, 2016 BRIEF MINUTES PAGE 2 2. Discussion of the Agenda: Chairman Vogel advised the board of the following: In the Closed Session matter of Ann McNay, a stipulation has been reached by the parties whereby this matter will be taken off today s agenda for consideration in order to allow an Independent Medical Examination to occur. As a result I am asking for a Motion to allow this item to be excluded from today s meeting. MOTION by Williams, Second by Flammang to allow the Closed Session matter of Ann McNay to be excluded from the current agenda was carried unanimously by board members present. A. Items to be pulled from the Action Calendar: None B. Items to be pulled from the Discussion Calendar: None C. Items to be pulled from the Consent Agenda: None D. Emergency/Necessity Items to be added: None E. Approval of the Agenda: MOTION by Lizarraga, Second by Jauregui, to approve the Agenda as amended was passed unanimously by board members present. F. Approval of the Consent Agenda: MOTION by Jauregui, Second by Garcia, to approve the Consent Agenda was passed unanimously by board members present. 3. Public comments on items that are NOT on the Action or Discussion Calendars. (Public comments on items that are on the Action or Discussion Calendars shall only be made during the Board s discussion of these items.): (Breaks: 9:40 9:50 a.m., 10:50 11:00 a.m.) (Lunch 12:00 12:30 p.m.) 4. Convene to Closed Session: MOTION by Jauregui, Second by Lizarraga to convene to Closed Session was carried unanimously by members present. Pursuant to California Law (Government Code 54963) a person may not disclose confidential information that has been acquired by being present in a Closed Session. Unlawful disclosure of confidential information is a violation of California Law and could result in discipline and/or referral to the Grand Jury.

3 October 19, 2016 BRIEF MINUTES PAGE 3 CLOSED SESSION A. Conference with Legal Counsel Existing Litigation (Government Code (a).) Disability retirement applications relating to the following: 1. Board consideration of Applicant Ann McNay s Request for Reconsideration of Board s Denial of Service-Connected Disability Retirement (This item was taken off today s agenda under Item 2, Discussion of the Agenda) 2. Conference with Legal Counsel Existing Litigation (Government Code (a).) Disability retirement applications relating to the following: Pompeyo Tabarez, Jr. Ann McNay Gordon Johnson Ernesto Celis Theresa Harris Gilbert Ceja Lizeth S. Iniguez Antonia Mendez Yvonne Kay Naud Susana Silva Batman Irene Mora Veronica Ornelas B. ANTICIPATED LITIGATION ICERS will recess to closed session with its attorney regarding anticipated litigation in that: ICERS to Initiate Litigation. Based on existing facts and circumstances, the board has decided to initiate or is deciding whether to initiate litigation. There is one such potential case. (Government Code (c). C. PENDING LITIGATION Upon advice of its legal counsel, the ICERS Board will recess to closed session pursuant to Government Code (a) to confer with its attorney regarding pending litigation which has been initiated formally and to which ICERS is a part. The title of the litigation is Imperial County Employees Retirement System v. County of Imperial, Imperial County Superior Court Case No. ECU D. Consider Public Employee Performance Evaluation for the position of Retirement Administrator (Government Code Section (b) (1).)

4 October 19, 2016 BRIEF MINUTES PAGE 4 OPEN SESSION 5. Announcement of Closed Session Action: Ryan D. Childers, Board Counsel announced the following: 4A 1 4A 2 With respect to Member Applicant, Ann McNay s Request for Reconsideration of the Board s denial of Service-Connected Disability Retirement, the matter was taken off the agenda by Motion. Staff recommendation of Member Ernest Celis application for Service-Connected Disability Retirement was granted by a MOTION by Flammang, Second by Jernigan and carried unanimously by a roll-call vote of members present. Staff recommendation of Member Lizeth S. Iniguez application for Non- Service-Connected Disability Retirement was granted by a MOTION by Terrazas, Second by Lizarraga and carried unanimously by a roll-call vote of members present. The Board discussed but took no action regarding the disability retirement applications of Pompeyo Tabarez, Jr. Ann McNay Gordon Johnson Theresa Harris Gilbert Ceja Antonia Mendez Yvonne Kay Naud Susana Silva Batman Irene Mora Veronica Ornelas 4B 4C MOTION by Jernigan, Second by Garcia and carried unanimously, the board approved to enter in to an extension of the Tolling Agreement with respect to the matter of Anticipated Litigation. Board Member Terrazas exited the room for discussion of this item. The Board discussed but took no action regarding the Pending Litigation. 4D The Board discussed, gave direction, but took no action regarding the Public Employee Performance Evaluation. ACTION CALENDAR 6. Approval of the Minutes of the September 21, 2016, adjourned regularly scheduled Meeting: MOTION by Bermudez, Second by Jauregui to approve the Minutes of the adjourned meeting of September 21, 2016 was passed unanimously by board members present.

5 October 19, 2016 BRIEF MINUTES PAGE 5 7. Request approval of microfilm scanning project: Mr. Hermanson discussed the cost and elements of the microfilm scanning project with the Board. MOTION by Jauregui, Second by Bermudez to approve the microfilm scanning project was carried unanimously by board members present. DISCUSSION CALENDAR 8. Reports/Correspondence/Announcements: A. Retirement Administrator: 1. Investment Graphs: a. Market Value Graph of the Retirement System s Assets for September 30 th, 2016: b. Book vs. Market Graph compares the Market Value of the system s assets to the Book Value of Assets for September 30 st, 2016: Mr. Hermanson discussed the first quarter positive gains of the systems assets with the board. 2. Report on policy reviews evaluated by staff and Ryan Childers: Mr. Hermanson discussed with the board the process and cost of staff and legal counsel to review and revise the current ICERS Policies and Procedures. The Board requested this item be brought back for action at the next regular meeting of November 16, 2016, and gave direction to staff to compile a projection of costs associated with legal counsel for reviewing all policies and/or revisions. 3. The Ralph M. Brown Act Training November 1, 2016, ICERS Conference Room: Mr. Hermanson reminded board members not yet registered, to notify staff if they are interested in attending the course. 4. Reminder: State Association of County Retirement Systems (SACRS) 2016 Fall Conference, November 8-11, 2016 Renaissance Esmeralda Resort & Spa, Indian Wells, CA: Mr. Hermanson notified the board members attending the conference that reservations at the main conference hotel have been made. Staff will provide each attendee with hotel reservation information.

6 October 19, 2016 BRIEF MINUTES PAGE 6 8. Reports/Correspondence/Announcements: (continued) A. Retirement Administrator: (continued) Board of Supervisors adopted changes to County Retiree Health Insurance Programs: B. Board Members: Mr. Hermanson and the Board discussed the most recent proposals adopted for the county s supplemental Medicare health insurance programs effective January 1, Board Member Flammang inquired about her duties as an Alternate Voting Proxy to vote informed but uninstructed, should she be called to vote at the SACRS 2016 Fall Conference. The board briefly defined the term for Ms. Flammang to mean that she should become familiar with the issues as they are presented and to vote her conscience. C. ICERS Legal Counsel: 9. BUDGET: Legislative Review for September 2016: Mr. Childers reviewed the most current legislation as provided to the board, indicating those which were either pending, signed into law, or vetoed by the Governor. CONSENT AGENDA Approval of the following Budget claims for the fiscal year, to include Board Members in attendance at the 10/19/2016 meeting; Administrative Budget Expense Summaries; and Treasurer s Cash Account Summaries per Govt. Code & 31521: A. Administrative Budget B. Treasurer s Cash 10. Administrative Agenda: A. Enrollment of New Members to ICERS (33): B. Terminations: (4)

7 October 19, 2016 BRIEF MINUTES PAGE 7 C. Service Retirement: 1. Rosalie Campos General Member Social Services Effective: 09/02/ Gary Hayes Safety Member Sheriff Effective Date: 09/02/ Viola Hurtado General Member Social Services Effective Date: 09/18/ Stephen LeMasters General Member Social Services Effective Date: 09/02/ Charles Wyatt General Member CEO Effective Date: 09/02/ Dorothy Wyatt General Member Sheriff Effective Date: 09/02/2016 D. 100% Continuance of Service-Connected Disability Retirement Allowance per Govt. Code Section & Death Benefit: Brigida Aguilar General Member Deceased: 07/25/2016 E. Final Payment of Service Retirement Allowance & Death Benefit per Govt. Code Section : George Zaragoza General/Safety Member Deceased: 08/22/2016 F. Return of Contributions and Payment of Salary Death Benefit per Govt. Code Section 31781: John Feller General Member Public Health G. Deferred Retirement: Cecilia Loo General Member Sheriff Effective Date: 10/06/2015

8 October 19, 2016 BRIEF MINUTES PAGE Conferences and Training: Governmental Finance Officer Association (GFOA) January 23-27, 2017 Pension Administration Best Practices Westin Long Beach Hotel Accounting for Pensions OTHER ITEMS 12. Previously Approved Seminars/Conferences (list available in Retirement office). 13. ADJOURNMENT: Meeting was adjourned at 10:22.m. to November 16, 2016 at 8:30 a.m. KAREN VOGEL, Chairman PATRICIA LIZARRAGA, Secretary