The Springfield Retirement Board Meeting Scheduled for November 4, 2020 was held remotely as a
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MINUTES FOR THE SPRINGFIELD RETIREMENT BOARD MEETING
70 TAPLEY STREET, SPRINGFIELD, MA 01104
HELD ON NOVEMBER 4, 2020 AT 5:00 P.M.

Present: Robert Moynihan, Thomas Scanlon, Patrick Burns, Haskell Kennedy, Attorney Alfredo ViVenzio, Executive Director, Susana Baltazar, Judy Dziobek, Recording Clerk, Rafael Vega, Attorney Kevin Coyle, Kenneth Davis, Attorney Katherine Lamondia-Wrinkle, Joseph Assad, Attorney Thomas Downey, Juan Flores, Sheila Delgado, David Cotter, Attorney David Wenc.

Chairman Moynihan called the meeting to order at 5:00 P.M.

Absent: Philip Mantoni/Sick

Agenda Item #1-Minutes
Motion made by Kennedy to approve the minutes of the meeting held on October 14, 2020, second by Burns. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #2-Involuntary Accidental and Involuntary Ordinary Disability Applications-Rafael Vega-Police Department
Motion made by Scanlon to accept the application for Accidental Disability benefits submitted by Police Commissioner Cheryl Clapprood, and request that PERAC convene a medical panel, second by Burns. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. Request for a motion to approve the application for Ordinary Disability benefits submitted by Police Commissioner Cheryl Clapprood. No motion made – Motion failed.

Agenda Item #3-Accidental Disability Application–-Kenneth Davis-School Department
Motion made by Kennedy to accept the responses of the medical panel, the evidence of the Disability Application and approve the disability benefits for Kenneth Davis, second by Burns. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #4-Accidental Disability Application–Joseph Assad-Facilities Management
Motion made by Scanlon to accept the responses of the medical panel, the evidence of the Disability Application and approve the disability benefits for Joseph Assad, second by Burns. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #5-Accidental Disability Application-Juan Flores-Police Department
Motion made by Scanlon to accept the clarification responses on the original findings of the medical panel, the evidence of the Disability Application and approve the disability benefits for Juan Flores, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. A motion was also made by Scanlon to agree with the Doctors’ original findings, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Minutes of the November 4, 2020 Board Meeting (continued)
Agenda Item #6-Accidental Disability Application-Sheila Delgado-Code Enforcement-Housing Division
Board Member Burns asked Attorney Vivenzio to expand on Ms. Delgado’s request for Accidental Disability Retirement and his recommendations. Attorney Vivenzio stated that an Administrative Review was held which included Ms. Delgado, Steven Desilets-Commissioner of Code Enforcement, David Cotter-Deputy Director of Housing, Susana Baltazar-Executive Director, Judy Dziobek-Deputy Director, as well as himself. Attorney Vivenzio recommended to the Board that they deny the application submitted from Ms. Delgado for an Accidental Disability Retirement based on the facts provided; a few being that the injury was not within her official duties, that it was an unwitnessed accident, and that she could have asked for help moving the copy paper boxes out of her way. Records indicate that Ms. Delgado hurt her back on June 18, 2013 when she was moving a box of copy paper. The phone rang, and when putting the box down, she expressed that she must have twisted or went down wrong, and immediately her back started to hurt. It got tight and kept getting worse. David Cotter, the Deputy Director of Housing, stated he was made aware of the incident either by an email or a phone call. He stated that there was no reason for Ms. Delgado to move the boxes of copy paper and if they were in the way, they could have been moved by one of the Inspectors that are in the office in the morning. Mr. Cotter stated that she is not required to move boxes of copy paper and it is not included in her job description. Ms. Delgado stated that first and foremost, the department is completely empty at lunch time so there was no one available to move the boxes of paper that were in the way, and second of all, her job is to take care of the office and to make sure that her duties are taken care of. She stated a lot of times there are tedious tasks but she would go above and beyond. She stated she did not think it was right; she was just taking care of her office space and was sure she had asked for help to move the box of copy paper. Motion was then made by Burns to deny the application for Accidental Disability benefits submitted by Sheila Delgado, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #7-Superannuations
Motion made by Scanlon to accept the following Superannuations: Betzaida Hernandez Del Valle, Paraprofessional, School Department with 28 years and 2 months as of 12/1/2020; Shaun Linnehan, Sergeant, Police Department with 35 years and 1 month as of 10/17/2020; Carlos Otero, Junior Custodian, School Department with 26 years and 4 months as of 10/30/2020; Charlotte Paterson, Routing Specialist, School Department with 10 years as of 10/31/2020; Dianne Woods, Application Developer, IT Department with 15 years as of 12/8/2020, second by Burns. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #8-Warrants
Motion made by Kennedy to approve and reaffirm the following warrants: Warrant #54 Refunds in the amount of $210,213.18, Warrant #55 Refund in the amount of $71,006.49, Warrant #56 Transfer in the amount of $202,476.47, Warrant #57 Refund in the amount of $6,448.88, Warrant #58 Refunds in the amount of $103,001.59, Warrant #59 Expenses in the amount of $94,628.72, Warrant #60 Retiree payroll in the amount of $6,971,126.84 and redemption from the PRIT fund in the amount of $0.00, second by Scanlon. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #9-Refunds/Transfers to Other Systems
Motion made by Scanlon to approve the five (5) requests for refunds and transfers to other systems. The names have been submitted to their particular Department, the Law Department and the Massachusetts Department of Revenue, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #10-Redeposit of Refunds and Makeup of Contributions
Motion made by Burns to allow the makeup of contributions to: Hamediah Mohamed, Budget Analyst, CAFO Department, for 1 year 2 months of employment with the School Department, second by Scanlon. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. Motion made by Burns to allow the redeposit of a refund to: Lizzy Ortiz, Project Manager, Community Development Department, for the Refund from the State Board of Retirement in 2003, second by Scanlon. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #11-Director’s Report
After an update from Executive Director Baltazar on the status of the outstanding compliance requests for 91A terminations, a motion was made by Kennedy to grant an extension until the next monthly Board meeting, to obtain the required items to submit to PERAC, second by Scanlon. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. Director Baltazar also informed the Board that a Disability Retiree had not complied with the CME process mandated by PERAC. A motion was made by Kennedy to grant an extension until the next monthly Board meeting for this retiree to comply with the CME process mandated by PERAC, second by Scanlon. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Agenda Item #12-Attorney’s Report
Attorney Vivenzio addressed the Board regarding Yavi Rodriguez, a former School Department employee, who had violated Mass General Laws c. 32 §§ 15 & 16, misappropriation of funds. Ms. Rodriguez was found to have submitted fraudulent time sheets and used Big Y gift cards which were purchased by the City for her own personal use. A signed document by Ms. Rodriguez was received indicating that she waives all rights to attend the hearing and any appeal rights. Attorney Vivenzio asked Attorney David Wenc from the City of Springfield Department of Labor Relations for a brief overview of the facts of the case. Attorney Wenc stated that the City of Springfield is seeking to have Ms. Rodriguez forfeit her Retirement contributions to repay the City for the misappropriated funds. Attorney Wenc said the investigation started through the Department of Internal Audit in September of 2019 when they found evidence of overtime fraud and misuse of Big Y gift cards from the City. Ms. Rodriguez made a claim of overtime in the amount of $16,526.46, and used Big Y gift cards in the amount of $7,500.00 for her own personal gain. The City would also like to recoup the cost of the investigation incurred by the Department of Internal Audit and a total of 367.75 hours that 2 employees worked on the investigation. Attorney Wenc also stated that the Springfield Police Department is still investigating. Based on the information presented to the Board and as advised by Board counsel, the Board made the following motions: Motion made by Burns to accept the waiver and facts as presented by Attorney David Wenc as true, second by Scanlon. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. Motion made by Burns to forfeit all rights to her pension per MGL Chapter 32 § 1 through 28, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. Motion made by Burns to allow the City of Springfield to recoup $24,026.46 as the amount of the misappropriation, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. Motion made by Burns to allow the City of Springfield to recoup $20,923.75 which is the cost of the investigation performed by the Department of Internal Audit, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. Motion made by Burns to allow the City of Springfield to recoup the misappropriation and cost of investigation from the full amount of contributions, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes. Motion made by Burns that Ms. Rodriguez cease to be a member of the Springfield Retirement System and any future membership must be approved by the Board, second by Kennedy. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

Attorney Vivenzio also stated that he had several cases pending with DALA. He stated that the hearing for Ms. Lefebvre was cancelled and that he had made a motion for a summary hearing. He is also working on a resolution on Mr. Basile’s matter. He will update the Board accordingly on other pending cases.

Agenda Item #13-Old Business
None

Agenda Item #14-New Business
None

F. Y. I. PERAC Memos, Memo #32 Allowable Earnings Determination, pursuant to G.L. c. 32, s. 91A, September PRIT Fund Update, Trial Balance, Adjusting Entries, Receipts, Disbursements and General, Ledger for the month of September, Budget Balances as of October, Monthly Transfers for October, Recent Retiree Deaths, Monthly Cash flow.

The correspondence and reports were received and reviewed by the Board Members and the Executive Director.

Motion made by Scanlon to adjourn at 5:43 P.M. second by Burns. Scanlon, yes, Kennedy, yes, Burns, yes, Moynihan, yes.

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Robert P. Moynihan, Chairman

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Thomas M. Scanlon, Elected Member

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Haskell Kennedy, Appointed Member

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Patrick S. Burns, Appointed Member