TEACHERS RETIREMENT BOARD. APPEALS COMMITTEE Item Number: 2. SUBJECT: Approval of Minutes of the July 14, 2017, Appeals Committee Open Session

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1 TEACHERS RETIREMENT BOARD APPEALS COMMITTEE Item Number: 2 SUBJECT: Approval of Minutes of the July 14, 2017, Appeals Committee Open Session CONSENT: ATTACHMENT(S): 0 ACTION: DATE OF MEETING: August 30, 2017 INFORMATION: PROPOSED MINUTES Appeals Committee July 14, 2017 OPEN SESSION LOCATION: Board Room, 100 Waterfront Place, West Sacramento, CA COMMITTEE MEMBERS PRESENT Michelle Zumot, representing the State Superintendent of Public Instruction, Tom Torlakson, Chairperson Dana Dillon Sharon Hendricks OTHER BOARD MEMBERS PRESENT Karen Yamamoto STAFF PRESENT Brian J. Bartow, General Counsel Andrew Roth, Benefits and Services Executive Officer Melyssa Adams, Director, Disability and Survivor Benefits Diane Alsup, Director, Service Retirement Christine Briceno, Director, Member Account Services Reina G. Minoya, Assistant General Counsel James Stassi, Pension Program Manager II Kaitlin DuBray, Pension Program Manager I Gabor Morocz, Assistant Chief Counsel Scott Brooks, Senior Counsel Carolyn Kubish, Senior Counsel Jill Lukins, Senior Ethics and Compliance Counsel Gwen Scott, Senior Counsel Braden Pate, Counsel Heidi Raveling, Counsel APP 4 1

2 Summer L. Harrison, Counsel OTHERS PRESENT Chris Waddell, Olsen Hagel & Fishburn, LLP (Independent Counsel to the Appeals Committee) Phyllis Hall, CTA A quorum being present, Chairperson Zumot called the Open Session meeting of the Appeals Committee meeting to order at 12:56 p.m. I. APPROVAL OF COMMITTEE AGENDA (Item 1) MOTION duly made by Ms. Dillon, seconded by Ms. Hendricks, and carried to approve the Committee Agenda. Members Voting Aye Nay Abstain Ms. Dillon Ms. Hendricks Chairperson Zumot, for the Superintendent of Public Instruction II. APPROVAL OF MINUTES FOR THE NOVEMBER 16, 2016, APPEALS COMMITTEE MEETING OPEN SESSION (Item 2) MOTION duly made by Ms. Dillon, seconded by Ms. Hendricks, and carried to approve the minutes for the November 16, 2016 meeting of the Appeals Committee. Members Voting Aye Nay Abstain Ms. Dillon Ms. Hendricks Chairperson Zumot, for the Superintendent of Public Instruction III. CONSIDERATION OF PROPOSED ADMINISTRATIVE DECISIONS (Item 3) a. Donna Calles-Gustafson The committee received a presentation summarizing the proposed decision from Ms. Raveling. The committee discussed purchasing of service credit, and how the member s purpose for purchasing service credit is typically neither revealed by the member nor requested by CalSTRS. The committee received additional information on the administrative law judge s finding that Ms. Calles-Gustafson did not state that her purpose for her service credit purchase was to qualify for the longevity bonus, but that in her cover letter to CalSTRS requesting purchase in 2004, Ms. Calles- Gustafson stated that she wanted to purchase service credit before the price increased on July 1, The committee discussed the finding that Ms. Calles-Gustafson was separately informed six times after 2004 that she would not qualify for the longevity bonus. The committee discussed the Annual Retirement Progress Report and how the longevity bonus is reflected on this report. APP 5 2

3 b. Marc Bashara The committee received a presentation summarizing the proposed decision from Mr. Pate. The committee discussed the stipulation between the parties that Mr. Bashara was mentally incapacitated for performance of service, and that the only issue for purposes of the hearing was whether or not Mr. Bashara was mentally competent for purposes of backdating his disability application. The committee discussed the differences between mental incompetency and mental incapacity with Mr. Pate, Mr. Waddell and Mr. Stassi, and received information concerning the various activities of daily living and other activities Mr. Bashara was able to perform during the relevant time period. The committee discussed that Mr. Bashara had to prove that he was mentally incompetent from the last day of creditable service until the time he applied for disability in order to backdate his disability benefit effective date. IV. BENEFITS AND SERVICES EECUTIVE OFFICER REPORT (Item 4) The committee received information from Mr. Roth that he expected up to three proposed decisions to be considered at the November meeting. The committee also received a report from Mr. Roth that an additional meeting has been tentatively set for August 30, 2017 in order to consider a proposed decision before the 100 day threshold under the Government Code. V. REQUEST FOR TELEPHONIC APPEARANCES (Item 5) The committee received a report from Ms. Minoya concerning telephonic appearance requests by members with cases pending before the committee and who are unable to travel. The committee received information about the infrequency of telephonic requests for appearances by members, as well as compliance with the Bagley-Keene Open Meeting Act and the Americans with Disabilities Act. The committee received information about the historical context of CalSTRS current procedure to allow members to make a public comment or provide a written statement to the committee about their appeal, both of which goes beyond the requirements under Bagley-Keene and other laws. The committee clarified that public comments relating to administrative adjudication are not prohibited under Bagley-Keene, but are exempt from the requirements for opportunity for the public to speak at meetings. To the extent that any input from the members would have any value to the committee, the committee discussed that a written statement would be more meaningful and beneficial than verbal comments, both to the member and the committee. The committee also received information about the possibility of general application to other meetings of the allowance of the committee for telephonic appearances by certain members, and the possible need for the adoption of agency regulations in order to allow telephonic appearances based on certain criteria. The committee received additional comments from Mr. Waddell, who concurred with staff s recommendations. The committee discussed the importance of having researched this issue thoroughly and the overall importance of advocating for members to have access to the appeals process, and concluded that the current process should remain unchanged at this time. APP 6 3

4 RECESS The Open Session of the committee meeting recessed at 1:41 pm and the committee went into Closed Session. The committee reconvened in Open Session at 2:15 p.m. VI. ANNOUNCEMENT OF ACTION TAKEN ON PROPOSED ADMINISTRATIVE DECISION (Item 12) a. Donna Calles-Gustafson The committee adopted the proposed decision in the matter of Donna Calles- Gustafson, with the following technical or other minor changes: (1) On page 1, paragraph 2, change June 30, 2014 to June 14, (2) On page 2, paragraph 5, insert the word the after the words intent is to apply for and before the word purchase, and also insert the word current after the words under the and before the word program. (3) On page 3, paragraph 10, change to (4) On page 9, paragraph 5, change Factual Finding 22 to Factual Finding 21. b. Marc Bashara The committee adopted the proposed decision in the matter of Marc Bashara, with the following technical or other minor change: (1) On page 3, paragraph 2, change, to. VII. COMMITTEE TRAINING ON INTERAL ADMINISTRATIVE REVIEW PROCESS (Item 6) The committee received a presentation from Ms. Minoya on the procedural steps relating to the administrative remedy process pursuant to 5 CCR The committee discussed how the regulations provide administrative remedies for Benefits and Services, Financial Services and Audit Services. The committee clarified the Audit Services does not issue Decision letters but rather issues draft audit reports to the employer and sampled members. The committee confirmed that members must exhaust administrative remedies and discussed the various time frames in the regulations. The committee received additional information from Mr. Roth about members requesting extensions to these time frames and that CalSTRS often grants such extensions. VIII. REVIEW INFORMATION REQUESTS (Item 7) There were no requests for information. I. OPPORTUNITY FOR ADDITIONAL STATEMENTS FROM THE PUBLIC There were no additional statements from the public. APP 7 4

5 II. ADJOURNMENT There being no further business to conduct, Chairperson Zumot adjourned the Appeals Committee meeting at 2:38 p.m. Michelle Zumot, Chairperson Jack Ehnes, Chief Executive Officer And Secretary to the Teachers Retirement Board Prepared by: Summer L. Harrison, Counsel APP 8 5