04/16/1986
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Pension ~isory Oammdttee Meeting of April 16, 1986.
Present:
Charles Dunn, Chairman
David Krieger, MemlEr
H. Michael Laursen, personnel Director
Cynthia Climan, Personnel Deparbnent
Deborah Lally, personnel Deparbrent
Barbara Weston, Finance Department
Tina Wilson, Finance Deparbnent
Nancy Degner, City Nw:se
Sue carlson, Gallagher-Bassett
Bob Davidson, Fire Chief
Bui Meyer, Assistant Fire Chief
Richard Griesinger, Attorney for 'Ib:Jnas Pearson
Thaaas Pearson, Firefighter
Chairman Dunn cx:mvened the neeting at 9:,34 a.m.
David Krieger moved to approve the minutes of the rreetings of March 19, 1986,
and April 2, 1986. The motion was seconded by Chairman Owm and carried
unanim:JUsly.
David Krieger r'ead the names of the following anployees to I::e approved for
nenl:ership in the Pension Fund:
Date of Pension
Stlploymant Elig. Date
Dalald' Bowen, Dispatcher I Utilities 3/31/86 3/31/86
Harry L. Maisel, III,
0Xlm. ,Operator/Trainee Police 1/14/86 3/31/86
Reger L. Reynolds, Gas
Oist. pipefitter Helper Utilities/Gas 4/7/86 4/7/86
Dav id Kr leger moved to approve the al:ove employees for rrenbership. '!be rrotion
was seconded by' Chairman Dunn and carried unanimously.
James Cutts, Parks & Recreation, sent b<<> letters regarding his pension to
Chairman Dunn. One letter was elated January 27, 1986; and the other letter
dated March 12, 1986, was addt'essed to Cindy Maxie of Travelers' Insurance
Company. Chairman Dunn reqtJ3sted the letters be updated and sent to the City of
Clearwater rather than to the parties to lNhan they were originally addressed.
After the letters are rereived, the Carmittee will oonsider his reqlEst for a
pension.
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Pension Advisory Catrnittee
-2-
April 16, 1986
Chairman Dunn tried to contact Dr. Kilgore regarding Willie Billups bIt was
unable to speak with him. Regarding Mr. B11l\4)9 I pension, the effective date of
Mr. Billups membership in the ~nsion plan is October 27, 1975, rather than
Apr i 1 2, 1975 ( da te of enployrrent) since Mr. Bill ups elected not to repay the
six-months back pension. Due to this and the fact that Mr. Billups was on a
leave of absence fran Noveml:er 7, 1984, to February 6, 1985, and fran March 4,
1985, to June 2, 1985, Chainnan Dtmn feels that Mr. BillqJs has a problem in
that he does not have the ten-year ITBllbership in the pension plan required to
receive a non-jab-connected disability pension.
Chairman Dunn suggested Secretary Laursen contact the Legal Deparbnent to find
ou t what Mr. sillq:>s needs to do to b3 eligible or if, in fact, he OOes not have
enough years of service.
Secretary Laursen infoz:m:rl the camdttee there was an opinion rendered in a nsno
da ted May 5, 1978, regarding this type of situation. 'Ibis was an opinion of the
then existing Pension Advisory committee consisting of Betty Ward, Ray
Kaminskas, and Wes Bretel, \'Klich was arrived at after a rreeting with fonner city
Attorney Tom Bustin. This rrsoo states the leave of absence must exceed four
months, at which time the amount of time in excess of the four m:::mths is
subtracted from the employee I s credi t for years of service for pension
a:rnputation.
Chairman Dunn wants to receive tl'le opinion of our Legal Deparbnent and speak
wi th Dr. Kilgore before naJdng any final determination in this case.
Secretary Laursen suggested the Cannittee rrove ahead on Mr. Billups' case as
soon as possible sinoo Mr. Billups is currently without incare of any kind. A
special neeting should 00 called as soon as all the infonnation is received.
Regarding the request for pension of '.Ihcn1as Pearson, Chairman Dunn contacted Dr.
Andriola on April 15, 1986. Dr. Andreola stated to the Chairman that Mr.
Pearson's main c:x:mcern with \loOrking at the Fire Department was that he did not
%ant to w:lrk on the tiller (rear of hook and ladder truck).
Chairman Dunn questioned Mr. Pearson as to Mlether or not this were true. Mr.
Pearson stated he reqoosted to get off the tiller. '
Chairman Dunn stated Dr. Ardriola told him if Mr. Pearson was not on the tiller,
he could see no reason \\by Mr. Pearson could not go l:ack to \>.Urk as a firanan.
The Chairman asked Mr. Pearson if this was correct. Mr. Pearson stated this was
, oot what the (bctor told him.
Chairman Dunn askErl Mr. Pearson if he did not have to sit on the tiller was heYable to work. Mr. Pearson stated as far as Dr. Arrlriola was o:mrerned he was
not.
Chairman Dunn once again asked Mr. Pearson if he was able to \',Ork if he was not
on the tiller. Mr. Pearson stated he did relieve so. Mr. pearson stated he has
problems getting in and out of the truck; the tiller was just another
aggrava tion; he injured himself in the first place climbing up and rown off the
truck.
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Pension 1\dvisory Ccmni ttee
-3-
April 16, 1986
, Chairman Dunn stated he had asked Dr. Arrlriola if Mr. Pearson oould climb up and
down stairs and walk through buildings. 'l'he ooctor stated there was no problem
there.
Richard Griesinger, attorney for Mr. Pearson, stated he had sent a job
class!f ication to Dr. Andriola. Chairman DlD1n had not discussed this with Dr.
Andr iola. '!be Chairman stated again the only problem Mr. Pearson had related to
Dr. Andriola was that he could oot ride the tiller. '!he Chairman asked Dr.
Andriola if he would reCXJTmaJld that Mr. Pearson go oock to "'Urk if he did not
have the particular job of riding the tiller and the cbctor stated he w::>uld.
Richar.d Griesinger stated he spoke with Dr. An:1riola. 'ltIey discussed the nature
of certain emergency situations. '!he Cbctor info~ Mr. Griesinger that Mr.
Pearson could not go back to w::>rk in those situations.
David Krieger asked Mr. Griesinger when he spoke with Dr. Ardriola. Mr.
Griesinger stated it was about two It.eeks ago. Mr. Krieger stated that Dr.
Andr iola had all this information \ttlen he. spoke with Chairman Dunn on April
15th. Mr. Griesinger agreed he did.
Chairman Dwm state:l Dr. Andriola informed him that Mr. Pearson never nentioned
any problems wi th the job other than sitting on the back of the tiller. Dr.
Andriola said if Mr. Pearson was driving or sitting in the front of the truck,
he should re okay.
Mr. Pearson does not feel he w::>uld be okay sansplace else J::ecause climbing up
and down is what hurts his back. Mr. Pearson said he hurt his back again on
January 28, 1986, climbing a ladder at the Coast Guard station.
Chairman Dunn asked Mr. Pearson how far he had to climb on the truck. Mr.
Pearson said it was 18 or 24 inches l:et:ween steps.
Olainnan Dunn stated he was unable to contact Dr. Beard, the chiropractor.
Richard Griesinger asked Mr. Pearson if he had a problan carrying things. Mr.
Pearson said the ooctor told him not to carry anything over 25 pounds.
Chairman Dunn would like 1) specifics fran the ooctors as to what Mr. Pearson
cannol:. do and 2) for Mr. Pearson to see an orthopedic surgeon. Richard
Griesinger informed the CCmmittee that Mr. Pearson had seen Dr. Greenberg, the
city's worker's cx:rnpensation Cbctor, on April 9,1986. 'lbe ooctor's report has
not been transcribed. '1ba Chairman asked Mr. Pearson if he had taken any files
wi th him when he ~nt to see Dr. Greenl:eJ;'g. He took with him reports of which
Dr. Greenberg already had copies. '!he reports \l.ere that of Dr. AOOriola and two
electrothermagraItL'3. '
Cha i rman Dunn s ta ted the Pension Advisory CCmni. ttee preferred the ooctors see
patients without any background. Richard Griesinger stated the reason they sent
the records was because when Mr. Pearson saw another City ooctor, only one of
two reports was sent to this doctor. One report shCMed an abnormality and the
other did oot. 'Ihrough an inadvertency, only the report showing no abnonnality
"laB sent. 'l\1ey did not want this to happen again.
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Pension Advisory Ccmni ttee
-4-
Apr 11 16, 1986
Richard Griesinger stated he understocxi the ordinanoo to state that if Mr.
Pearson was unable to perform his duties as a firefighter, he has the right or
duty to pension out on disability. He qoostioned whether the Camtittee wants
the letter from the <Detar stated this way or m:>re specifically. 'Ibe. Chairman
infot11ed him he \f,Ould \'1Ould like it specifically stated as to what he cannot do.
Bob D.'ividson, Fire Chief, stated that arotuld January 10, 1986, Mr. Pearsoo spoke
with Capt. Clements regarding the tiller },X)sition. He wanted another position
as a dr i ver on another vehicle. sinoo sanoone had already teen assigned to the
other position, the Captain told Mr. Pearson he w:>uld have to ride the tiller.
Mr. Pearson told Capt. CleTents it hurt his back so capt. Clements sent him to a
doctor to get an <::pinion. He was also sent to Dr. Logue.Dr. Beard then sent a
letter to the Fire Deparbnent stating Mr. Pearson had a sprain and a strained
area which was aggravated by the tiller J;X:lsition. The departroont put him in
another position as a driver. Chief Davidson stated they did exactly what Dr.
Beard suggested. Chief Davidson also stated the Coast Guard thoroughly
investigated the accident at the station that occurred on January 28, 1986.
Chairman Dunn questioned Mr. Pearson as to whether or not he was [lensioning out
because of the accident at the coast Guard station. Mr. Pearson said he was
requesting a pension b::!cause of the injury received in Novanber while climbing
up on the truck. The injury at the coast Guard station aggravated the other
injury. The injury at the Coast Guard station occurred at about 10:30 a.m. rot
was not reported until about 5:00 p.m. '!be Chairman qlEstioned Mr. Pearson as
to why the accident was not reported .i.tmediately. Richard Griesinger stated the
Ci ty had not reported the accident to WJrker' S a:Jnpensation tultil after he had
written a letter to w::>rker.s o:mpensation.
Chairman Dunn asked Mr. Griesinger if he understood \'ihat ~ needed. He stated
he did. There \Ere no other ql.EStions.
Chairman Dw1n asked Mr. pearson, for the record, if he did not want to a:xne back
and be a fireman but wanted to retire. He asked him if they noved him to
another posi tien w:Ju1d he o::m::! back. Mr. Pearson stated, "No. If
Chief Davidson stated, for the record, the departm:mt WJuld put him in another
position as a driver/operator. 'the driver/operator gets paid 5 percent for
being a driver/operator and very rarely gets involved with firefighting duties.
Mr. Pearson stated shifting a truck was terrible for his mclt. Chief Davidson
stated the vehicle Mr. Pearson was assigned to will re taken out of action
wi thin a year. Chief Davidson said they could put him in an autanatic truck.
He stated they followed Dr. Beard I S orders to the letter. Mr. Griesinger stated
the letter fran Dr. Beard was written l::efore the nost recent injury."
i") , Chairman Dunn asked that secretary Laursen oontact the parties regarding Jcm:;;!S
::', cutts.
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,Pension Advisory Ccirmittee
-5-
April 16, 1986
'lbene.'tt rreeting will be held on May 7, 1986.
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1J.be neeting adjourned at 10:01 a.m.
Respectfully' sulnd tted,
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