11/21/1984
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Proceedings of the Pension Advisory Committee Meeting held November 21, 1984.
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Present: Claude Zukowski, Chairman
Jay Love, Member
Charles Dunn., Member
Tony WilhelmI ond Steve Zimmerman, CWA Representatives
Nancy De8ne~, City Nurse
Mike Laursen, Personnel Department
Jane Craig, Personnel Department
Alan Zimmet, Asst. City Attorney
Cindy Henning, Personnel Department
Chairman Zukowski called the meeting to order.
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Minutes of November 7, 1984 meeting will be approved at the December 5, 1984
meeting.
Committee reviewed physicals for new employees and Charles Dunn moved the following
employees be approved for pension based on their having passed a comprehensive physical
by the City's physician:
Seniority
Date
10-22-84
11-13-84
Central Services-Purchasing l-25-81
Utilities-Sanitation IO- 6-78
Public Works-Engineering 11-19-84
Traffic Engineering 11-19-84
Date Pension.;
Effective
lO-22-84
ll-13-84
11-13-84
5-29-79
11-19-84
11-19-84
Hame & Job Classification
Truman Gooden, Maintenance Worker I
Evers Maxie, Maintenance Worker I
Nancy Scott, Clerk Typist II
Richard Hodge" Sanitation;;Supervisor '
Teresa Finch, Environmental Inspector
Scott Bennett, Electrician
Motion seconded by Jay Love and carried.
C~ai~man. Zukowski presented' request from Eileen Donahue, widow of Police Officer
ne~ard: Donahue, for widow's pension under the City's pension plan. Charles Dunn asked
what percentage of his pension she would receive. Chairman stated that first of all
it had' to be decided' whether or not she was'entitled to the pension and he asked
Alan Zimmet. Asst. City Attorney, to advise the committee of his opinion. Jay Love
asked whetner or not there were two requests - one from Bernard Don~hue and one from
his widow. Mr. Zimmet stated that the original request could be reconsidered. There
is nothing in the Ordinance that says you can't and there are no rules and regulations
that say you cannot. The general rule is that a Board can reconsider any decision
it makes and rescind it if the act hasnlt been completed or if the right hasn't been
vested. In thi's case. under Florida law, the right hasn't been vested by Bernard Donahue
because he never retired. He never completed everything he needed to do to get a pension.
You can ,reconsider the earlier finding that he was disabled on the job. Mr. Zimmet
also advised the Committee that he had advised them at an earlier meeting that the
Committee had to consider her request separately from his at least to the respect that
there are additional issues with regard to her request - initially whether she was
married at the time of his death to Mr. Donahue. Chairman advised that 'he had a
marriage certificate (certified copy) plus her affidavit stating she was legally married
to nim at the time of death.
Department-Division
Parks & Recreation
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. Charles Dunn moved that Mr. Donahue, former Police Officer of the City of Clearwater,
gets disability pension being disabled from the job and his wife receive 75% widow's
benefit. Seconded by Jay Love.
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- 2 -
Pension Advisory Committee Meeting
November 21. 1984
Chairman said he would like to open the matter for discussion. Alan Zimmet stated
he could not now argue for the Trustees side as he has given opinions twice on how
to deal with this matter. Jay Love asked whether this request from Donahue had
already been rejected by the Trustees and he was advised the matter had not gone to
the Trustees as Mr. Donahue had never signed a resignation. He asked if this was
parallel to the Monte Krysko case? Chairman advised it was on its own merit~
Jay Love stated basically it was going to run the same course. Mr. Zimmet advised
it was what the Trustees decided to do this time. They could decide to do something
different. If they decide to reverse the Committee, it will run the same course.
Chairman stated that in the documentation before the Committee there are
statements that Mr. Donahue would never recover in the future to make it
for him to resume his duties.
two doctor's
possible
Chairman brought the motion to a vote and it carried unanimously.
Next meeting is
December 5th at 9:30 A.M.
& Secretary
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