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Proceedings of the Pension Advisory Committee Meeting held November 7. 1984.
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Present: Claude Zukowski. Chairman
Jay Love, Member
Charles Dunn. Member
Carole Greiner, Finance Department
Nancy Degner. City Nurse
Mike Laursen, Personnel Department
Jane Craig, Personnel Department
Skip Kroeger, Fire Deportment
Van Horton, Fire Department
Andrew Spence, Fire Department
Steve Zimmerman, CWA Representative
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Chairman Zukowski called the meeting to order.
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Jay Love moved the Minutes of the meeting of September 5, 1984 be accepted. Seconded
by Charles Dunn and motion carried.
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Claude Zukowski indicated the next item was a request for disability pension by
Andrew Spence. He related a packet of information was in front of the Committee with a
request from Mr. Spence (10-9-84); a letter from Dr. Logue (10-4-84); a CAT Scan from
Dr. Emerson (9-20-84); an accident report (5-10-83) stating employee hurt his back on
the job; and a first job injury report on 8-14-84 indicating a back injury. Jay Love
moved that the Committee grant the pension after appropriate calculations are made.
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Mr. Laursen asked Mr. Zukowski if he had discussed this matter with Assistant City
Attorney Alan Zimmet. Claude indicated that there had been discussion on other
pension matters but not relative to Spence's case.
Charles Dunn concurred that the employee should receive his pension, seconding the motion.
Motion passed unanimously with Mr. Zukowski clarifying that this was for a job-connected
disability pension.
Claude Zukowski stated the next item was consideration of the request of Elaine Donahue,
widow of Bernard Donahue (Police Officer) asking for benefits to which she is entitled
under Pension. He referenced a packet of information before the Committee including
a letter from Dr. O'Brien and from Dr. Cole, both stating the employee had a job connec-
ted disability. Mr. Zukowski also noted Mr. Donahue's worker's compensation file was
available and its contents raised some questions. In response to a question from
Charles Dunn, Claude Zukowski advised that the Assistant City Attorney had another case
and was unable to attend this meeting.
Charles Dunn said he would like the attorney to be present at the next meeting; ,that he
had a lot of questions having just received this file yesterday. He questioned why the
Committee had only a small file previously -- six to eight pages -- and now has a file
of 106 pages -- Some of which is crossed out -- stating the man who prepared this file
should be present to explain it so it makes sense. He reflected concern that this
information wasn't available when the man was alive; now that he is dead and we can't
examine him we have all this information.
Mr. Laursen indicated that in a lot of instances all the information is available
but never reviewed by the Pension Advisory Committee. Claude Zukowski noted this
occurs because of lack of effort by the Pension Adviso~y Committee. Mr. Laursen
reminded Mr. Dunn that he had, at his first meeting as a member of the Committee
, expressed concern about voting on pensions when receiving requests and documents only
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- 2 -
Pension Advisory Committeo Meeting
November 7, 1984
a few days before. At tllltt time it was indicated that the City Nurse generally has
files on worker's compensation cascs which may support or cast doubt on disability
pension requests -- the informntion is available. Claude Zukowski concurred that the
information has been mode available to the Committee when they want it -- they merely
have to take the time to get it.
Jay Love stated he had not received the packet of information (on Donahue) and asked if
the Pension Advisory Committee could get a legal opinion on granting a man a pension and
then revoking it; stating the PAC had voted on giving Donahue a pension in July or
August of 1983 and now it was being debated by the.Committee whether to give 11im that
pension. Claude Zukowski stated that the pension previously voted on was pending a resig-
nation being provided -~ and this was never provided by the employee. Jay Love asked if ,
there was a time limit (on the Committee's action).
Claude Zukowski stated that a legal opinion was provided (last meeting) that the Pension
Advisory Committee had to wait until the widow requested a pension. That having occurred,
the Pension Advisory Committee now has to act upon the request. The Committee has to
determine what kind of a pension they are considering. Jay Love said this was like saying
if the Pension Advisory Committee voted Mr. Spence a job-connected disability pension
right now and he walks across the streets, is hit by a car and dies, are we going to deny
his wife the benefits because he didn't die of a bad back? He said the Pension Advisory
Committee..should have a legal opinion on this matter.
Steve Zimmerman, representative of the CWA, asked if death of an employee is not con-
sidered in lieu of resignation, thus meeting the conditions imposed by the Pension
Advisory Committee (when it approved a pension request in July or August of 1983 for
Mr. Donahue). Claude Zukowski noted that in a number of instances, employees have
requested pensions and then changed their minds; later come back to the Pension Advisory
Committee with a new request for pension. The Pension Advisory Committee cannot use the
previous information.
Jay Love and Claude Zukowski discussed whether they should seek or already had a legal
opinion. Mr. Laursen expressed the opinion that Jay and Claude were discussing two
different things -- the legal opinion given by the Assistant City Attorney at the last
meeting which was that before the Pension Advisory Committee did anything relative to
Donahue they should have a request from the widow. Apparently, that request has been
received. The other question relates to the nature of the disability of Mr. Donahue
is it job connected?- Jay Love again said the Pension Advisory Committee already had
voted on that.
Claude 'advised the Committee he had learned that when they rejected a pension there is
a state law requirement that the person be given a hearing.
Charle~ Dunn again related that when the man's pension was voted on there was a little
package of materials; now there is a great deal.of material (dated.before..that.previous
meeting) which was not available at that meeting. Now that the man is dead, the City
comes up with a book.
Mr. Laursen refuted this, reflecting that he bad raised several questions as to materials
in the worker's compensation file including that of a third psychiatrist; and the
question of this matter coming up before a worker's compensation judge. The Committee
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- 3 -
Pension Advisory Committee Meeting
November 7, 1984
was aware of the file and it was their choice whether to utilize it. Mr. Laursen
recalled that there was first one doctor who gave an opinion, then another with a
different opinion, then the third doctor. Other questions related to whether off-duty
incidents created some of the problems of the employee and there was discussion on some
of this information.
Charles Dunn stated he would like the notes of that meeting the next time the Committee
meets. Jay Love said he would like a legal opinion (written) on whethe~ once the
Pension Advisory Committee votes a man a pension they can reconsider it later.
Claude Zukowski said that within two weeks of the Committee voting on
the attorney for worker's compensation came in, at the request of the
Committee, and presented a case against the job-connected disability.
materials was provided. .to the Pension Advisory Committee at that time.
acknowledged having the packet.
Donahue's request,
Pension Advisory
A packet of
Jay Love
Mr. Laursen again stated the information being discussed was not new at today's m2eting;
it has been available before to the Committee. Jay Love noted this issue had been taken
to court and resolved in Donahue's favor - a Hearing Officer had ruled for the employee. '
He noted the Committee was still debating the man's pension. Claude said if members
wanted to ignore the information packet, they could use the information they had before
and act upon that little information or they could take time to review the whole package.
Jay Love said he would like to have a written legal opinion as to whether the Pension
Advisory Committee can vote to reject Donahue's pension at their next meeting.
Claude Zukowski related he would have it researched. Carole Greiner asked if this wasn't
different because the widow is now requesting the pension versus the employee having
made the previous request? Claude Zukowski said the employee's request was still valid
as to whether or not it is job-connected, noting that information has been presented
that is contrary to the two doctor's opinions that say it was job connected.
J~~ LQ~e suggested' it be tabled until next meeting; accepted as a motion. Motion was
seconded: by Charles Dunn and' passed unanimously.
M~. La~rsen ohtained the Minutes of the previously held Pension Advisory Committee
meeting (7.-6-83). He related the Minutes show the Committee discussed the mental
condition of Bernard Donahue, Police Officer, and Ray Kaminskas moved the Committee approve
Of~ice~ Oooa~ue for job-connected disability pension, pension amounts and starting time
tQ be determined' by the Personnel Department and Finance Department. The motion was
apProv.ed~ .
Charles Dunn related that the notes (Minutes) were incomplete -- the discussion has to be
in. the, n.otes. The notes are useless.
Next item was consideration of employees for acceptance and/or rejection into the Pension
Plan.. Members reviewed' the employee physicals. .Jay Love asked if there was any way the
physicals (examination forms) could' be available g half-hour or hour before the meeting
'~p~esaing that ,the members have to go through this review every meeting. Chairman
Zukowski' said they could be provided a half-hour before each meeting.
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While Committee members were reviewing employee physicals, Mr. Laursen related informa-
tion from other Minutes of the Pension Advisory Committee relative to Mr. Donahue.
Pension Advisory Committee minutes of September 7, 1983 contained the following:
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- 4 -
Pension Advisory Committee Meeting
November 7, 1984
"Committee discussed the case of Bernard Donahue. At the present time he is
in the Horizon Hospital after attempting suicide. Claude Zukowski stated that
after reading the whole packet on Donahue, he felt the Committee had no authority
to revoke the decision to approve a job-connected disability. This was based
on two doctors' reports. This matter was tabled until the next meeting but in
the interim, Mr. Laursen is to arrange n meeting with Mr. Dubbeld, the City's
Worker's Compensa.tion lawyer, and the Pension Advisory Committee."
Minutes of October 5. 1983 contain the following:
"Chairman Zukowski stated that the Pension Advisory Committee had met with
Mr. Peter Dubbe1d regarding the status of Police Officer Bernard Donahue
and that the recommendation of the Pension Advisory Committee for a job-connec-
ted disability pension must stand at this time based on the materials previously
provided to the Committee. However, he noted that the issue of job relatedness
disability may be decided by a Court Ruling and that if it is ruled non-job
connected, the Pension Advisory Committee would have to follow the ruling.
Ray Kaminskas stated that Officer Donahue has not yet submitted a resignation
to the City upon the advice of his attorney, and that the recommendation of the
Pension Advisory Committee can't go in front of the Commission. He stated that
if this matter does not go before the Commission, City staff will probably
recommend Donahue be granted a non-job connected disability pension until the
ruling is made by the Industrial Claims Judge."
Mr. Laursen Bt~ted,he believed the Industrial Claims Judge made his ruling in December. He
reitcraeed that a loe of the information about Donahue was provided along the way and was
not sprung on anyone at this late date. .
Claude Zukowski asked the City Nurse why three of the physicals had been held up over a
month. The nurse responded the department had erred in not sending the employees for their
pension before employment. He explained that the employees came to work on 3-19-84 and
did not get their physicals until a later date. Their pension dates will be 3-19-84.
While reviewing the physicals, Claude Zukowski asked the City Nurse to define scolioses.
The nurse responded that this was an S-curvature of the back and occurs at birth. It can
be corrected by a back brace and/or surger.y.
At the conclusion of the review of the physicals by the Committee members. Jay Love moved
that'the following employees be approved for pension based on their having passed a
comprehensive physical examination by the City's physician.
Seniority Date Pension
Name & Job Classification Department-Division Date Effective
Jo J. D'A1exander. W.P.C. Trainee Public Works, W.P.C. lO-29-84 10-29-84
Phillip Burnison~ W.P.C. Trainee II " " 10-29-84 10-29-84
Jon Page, W.P.C. Trainee " " " lO- 5-84 10- 5-84
Robert Dreslin III. Mechanic II Cent. Services Mtr. Pool 10-22-84 10-22-84
Vernon D. Brendle, Mechanic II II II II 11 10-22-84 IO-22-84
John Aaron III, Maint. Worker I Parks & Recreation 1-16-84 1-16-84
Michael Jackson~ 11 II II " " 3-19-84 3-19-84
Scott Richter~ If t1 \I n tI 3-19-84 3-19-84
Thomas Woodard~ Irrigation Servo Wkr. I " \I 10-15-84 lO-15-84
Michael Phillips, Forestry Technician " " 10- 8-84 10- 8-84
William Lueders~ Recreation Leader II " 9-26-84 9-26-84
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- 5 -
Pension Advisory Committee Mccting
November 7, 1984
Name & Job Classification
Edwin Feldhaus, Pipefitter Helper
Nicholas Rivera Ruiz, Equal Oppor. Off. I
John Popowicz, Meter Repair Tech.
Theron Johnson, Jr., Meter Reader I
Gene Creager, Sr., Electrician
Douglas Barnes. Asst. Data Process. Mgr.
Joanne Sliger, Data Process. Trainee
Deborah McCarty, II " II
Robert Maran, Civil Engineer II
Seniority
Date
10-22-84
10-29-84
10-29-84
10-IS-84
9-28-84
10-22-84
10- 1-84
10- 1-84
1l-19-73
Dnte Pension
Effective
10-22-B4
10-29-8[;
10-29-84
10-IS-84
9-28-84
10-22-84
10- 1-84
10- 1-84
10- 9-84
Department-Division
Utilities. Gos
Planning & Urban Devel.
Utilities, Water
Utilities
Traffic Engineering
Cent. Services. Data Proc.
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II
II
"
II
Public Works, Engineering
Seconded by Charles Dunn and motion carried.
C~arles Dunn moved that the following employees be rejected for City Pension at the
r~commendntion of the City physician.
John McArthur. Maintenance Worker I
Brenda Hanzlick, Accounting Clerk I
Parks & Recreation Department
Police Department
Seconded by Claude Zukowski and motion carried.
Claude Zukowski stated that, for the record, action for pension of Truman Gooden, Main-
tenance Worker I, Parks & Recreation Department has been tabled until the City Nurse can
check with the doctor regarding a back injury referenced on his physical form.
Claude Zukowski said he had several recommendations for the Co~~ittee. He said he would
,like to have the Committee meet on the first and third Wednesday of each month. Claude
moved that the Committee meet on the first and third Wednesday each month. Seconded by
Charles Dunn and 'motion carried unanimously.
Claude Zukowski advised Pension Advisory Committee members that they had run out of Pension
Ordinance Booklets. Mr. Zukowski moved that 200 booklets be printed up in the interim
until we can get a referendum going. Motion was seconded by Charles Dunn and carried
unanimously. Chairman asked Carole Greiner to have this done in the least expensive
manner.
Chairman,Zukowski recommended that the Committee start working immediately upon a referendum
for the Pension Plan. Charles Dunn responded he would have difficulty finding the ~ime.
Jay Love asked if this would be done only by the Committee or whether others would provide
input. Chairman related he was looking at a "administrative" referendum to clarify the
law that is written; secondly to put in things they would like to see but it should not be
a bargaining matter. Employee input would be good, but initially this would be work of the
Pension Advisory Committee. Jay Love asked if we could see if the Unions would like to
-- .
participate on a committee with perhaps one of the Pension Advisory Committee members. \
sr,airman distinguished between employees having input and the Union having input. Jay Love
asked about putting a notice out to employees and asking for volunteers; then selecting
some of them. Chairman said notice would be provided through the (employee) newsletter.
but he felt the 'Pension Advisory Committee should initially put it together. The whole
idea is to re-write it to make it more understandable. He provided copies of the Pension
Ordinance to the Committee (double-spaced form) so they could begin making notes.
Steve Zimmerman suggested one of the attorneys should assist to help write new language.
Chairman related he had discussed this with management and they are willing to work on
this as necessary.
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- 6 -
Pension Advisory Committee Meeting
November 7. 1984
Chairman notad the referendum was
Committee to begin at this point.
Committee members time to work on
a yenr nnd a half away. nnd urged the Pension. Advisory
He stated he thought management would 'allow the
this project.
,Mr~ Laursen indicated he thought the Committee could spend 20 - 30 minutes at each of
their meetings to discuss many of the concerns without the need for special meetings
to' discuss revisions of the Plan.
Jay Love aaked Mr. LBursen if it was conceivable if the job of Chairman (of the Pension
Advisory Committee would become full-time. Mr. Laursen indicated he had no idea.
Chairman Zukowski reflected they had asked for someone as a coordinator of pension,
disability. worker's compensation, etc. for three years nnd it had not been approved.
Chairman asked the Committee if it was their pleasure to start working on this project
as he would like to advise the employees in the newsletter.
~here being no further comments or business. Chairman Zukowski announced the next
regular meeting would be November 21, 1984 at 9:30 A.M.
e adjourned.