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11/20/1986 Proceedings of the Pension Advisory Committee Meeting of November 20, 1986. o Present: Charles Dunn, Chairman David Krieger, Member John Nicholson, Member H. Michael Laursen, Personnel Dlreclor Deborah Lally, Personnel Department Tina Wllson, Finance Department Cynthia Cllman, Personnel Department Miles Lance, Assistant City Attorney Charles Kimball, Police Officer Robert Carroll, Attorney for Charles Kimball Douglas Carey, Police Officer Walter Kosiba, Police Officer Cary Singletary, Attorney for Carey & Kosiba V' // /" ./" Robert Brumback, Asst. Utilities Director Cecil Henderson, Utilities Director James M. lewin, Sr., Gas DivIsion Thomas Grow, Gas Division Aaron Moore, Gas Division Mark 8rumage. Gas Division Malcolm McCoy. Gas Division Greg Smith, Gas Division E. J. Robinson, Afflrmatlve Action Officer Milton Cason, Safety Specialist The meeting was called to order at 9:34 A.M. John Nicholson moved to approve the minutes of the meeting of November 12, 1986. The motion was duly seconded by David Krieger and carried unanimously. Charles Dunn read the name of the following employee to be approved for membership In the Pension Fund: , .. ':7'\ \'$ Date of Employment Pension ElfO. Dat~ 11-10-86 Charles Mosley, Sanitation Worker Utilities/SanItation 11.10-86 Charles Dunn moved to accept for membership In the Pension Fund the employee listed above. The motion was duly seconded by David Krieger and carried unanimously. The Committee once again considered the request of Charles Kimball, Pollee Officer, for a job-connected disability' pension. 'Chairman Dunn stated he contacted Mr. Kimball's doctors; and, based on their recommendations and that of the City's doctor, It was determined Mr. Kimball Is permanently disabled and unable to contInue working as a Potlce Officer. I Charles Dunn moved to approve Mr. Kimball's request for a job-connected disability pension. The motIon was seco~ded by David Krieger and carried unanimously. The Committee had been requested to reconsIder their recommendation In the matter of Walter Kosiba's request for a job-connected disability pension. j Cary Singletary, Esq., was present to represent Mr. Kosiba. Mr. Singletary stated Mr. Kosiba had been . approved for a pension based on longevity and not a job-connected dlsablllty. (For the record. Mr. Kosiba was granted a non.Job.connected disability pension by the PensIon Advisory Committee.) He presented to the Committee as Exhibit 1 a copy of Mr. Kosiba's pre-employment physical which did not Indicate any type of heart condition. Mr. Singletary also presented to the Committee copies of several Florida statutes, togelher with applicable case laws. Mr. Singletary stated that based on the Information presented to the Committee, Mr. Kosiba Is entitled to a job-connected disability pensIon. t" ~arles Dunn staled he had contacted Mr. Kosiba's doclors and was advised by Dr. Spolo lhal Mr. Kosiba's haarl 1 .",) condition was not caused by his job but by poor health habltst particularly hIs smoking. Dr. Spoto stated he had advised Mr. Kosiba to stop smoking, but he conllnued to smoke. Charles Dunn advised Mr. Singletary the Committee would review all the materials submitted and hopefully reach a decIsion within the next two weeks. Mr. SIngletary stated It was his opinion the Committee should seek the testimony at an expert. Charles Dunn stated they would do this If It proved to be necessary. jThe Committee considered the request at Douglas CareYt Police Officer, for a Job-connected disability pension. Cary Singletary also represented Mr. Carey. Mr. Singletary presented to the Committee a copy of Mr. Carey's pre-employment physical which did not Indicate any type of heart conditIon. Mr. Singletary adopted by reference all the same statutes and case laws submitted In the Kosiba casso Charles Dunn stated he had spoken to Or. Fishman on the telephone and was advised Mr. Carey's heart condlllon was In no way iob.related. There Is a definite dlsablllty, but the question remaIns as to whether It Is job- connected or non-lob-connected. Chatrman Dunn will contact the doctors again and try to get an answer within the next two weeks. If he does not have an answer within two weeks, It will be because he has been unable to contact the doctors. If It Is necessary to schedule a special meeting for these two cases. the ~ommlUee will do so. Chairman Dunn requested the PAC obtain the last two annual physicals for Officers Kosiba arid Carey. The Committee considered the request of Elizabeth David. Administrative Secretary, Planning Department, for ._ length of service retirement pension. Her benefits date Is 10-10-66: her date of hire Is 10-10-66; her , :::3 birthdate is 8-22-24; and her reSignation date is 2-4-87. David Krieger moved to approved Elizabeth David's request for a regular retirement pension based on years of service. The motion was duly seconded by John Nicholson and carried unanimously. The Committee considered the request of Mark Brumage for a job-connected disablllty pension based on an injury to his shoulder whIch was allegedly caused by a fight with a fellow employee. There are several questions that arise concerning this case: 1) whether or not there Is a dlsabUlly; and 2) whether or not Il occurred on the job. To help resolve this matter, the Committee requested at the last meeting all employees having knowledge of Mr. Brumage's accident be present today to testify. Miles Lance. Assistant City Attorney, presented the Committee with a synopsis of the previous worker's compensation claims flied by Mr. Brumage. Chairman Dunn asked Milton Cason, Safety Specialist, who obtained this Information. to contact the other COI1"- ..,.....,,:, Involved and try to find out further Information regarding Mr. Brumage's claims. 1 ;,e Committee heard the testimony of James Lewin, Acting Assistant Superintendent in the Gas Division. He detailed for the Committee Mr. Brumage's work history and described the Incident In question based on what was told to him by the Individuals Involved. The Individuals Involved were Mark Brumago and Malcolm McCoy. Two other employees. Greg Smith and Tom Grow, were witnesses to part of the Incident. Mr. Lewin also stated .. Dr. Logue has released Mr. Brumage and Informed the Gas DIvisIon there Is no disability whatsoever. Mr. Brumage Is presently workIng In the Gas yard washIng vehicles. ';'0 The CommIttee heard the testimony of Malcolm McCoy. Mr. McCoy testified he and Mr. 8rumage had a verbal r) argument upstairs In the Gas Division office. They proceeded downstaIrs In order to go to theIr lob slle. As ..,..' they emerged from the building. they continued their discussion. Mr. Brumage turned to walk away from Mr. McCoy, at which point Mr. McCoy reached out and touched his arm to turn him back around. They had a few more words. Then Mr. 8rumage went back Into the building and Mr. McCoy got In the truck. Aaron Moore. their supervisor, came down with Mr. Brumage and advIsed the two men they would have 10 work together and, therefore. gel along. The men shook hands and went to their Job site. About three hours later Mr. Brumage returned to the yard and advised hIs supervisor he had Injured hIs arm In his alleged fight with Mr. McCoy. Mr Brumage was sent to the doctor. Tom Grow and Greg Smith concurred with Mr. McCoy's description of what happened after they came out of the building. Both witnesses stated Mr. McCoy did not twist or Jerk Mr. Brumagets arm. All witnesses were excused. David KrIeger questioned the alternatlves the CommUtee has In view of the fact Mr. Brumage did not state on his application that he had a previous worker's compensation claim and~ therefore. may not have been aproved for'penslon. Secretary Laursen stated In any event the Committee did not have two letters from doctors statlng Mr. Brumage Is permanently disabled. Chairman Dunn asked that Mr. Brumage, who was not present up to this point, be contacted and asked to come Immediately to the meetIng. He also asked that Aaron Moore come to the meeting. .The Committee recessed from 11 :19 A. M. to 11 :37 A. M. ;'::""~~ Mark Brumage, appeared before the Committee and advised them he was withdrawing his request for pension at , .<Jthis time. He Is unable'to perform his work as a plpefitter but Is not permanently disabled. He wants to work. " 'Chairman Dunn asked Mr. 8rumage If he was In any way coerced Into doing this. He stated he was acting on the advice of his attorney. The case of Mark 8rumage was concluded. "., ..' John' Nicholson advised the CommIttee of the new legiSlation allowing age requirements for personnel Involved I::' " In the protection of the public's safety (Police and Fire). Secretary Laursen stated the City was aware of this. >:, " but 'at this time he does not know whether the City Manager Is considering bringing back the age requirements ,':'..': :,:.' for our Police and Fire personnel. '. ~', . I', , 'The meeting adjourned at 11 :43 A.M. Respectfully submitted, ~>zfLa~ Personnel Director and Secretary, PensIon Advisory Committee '" ~<,,?\ " ~ '.: ':", :~~,":':,.::..,., ~>'. ': ~.'~' ' ". ~:'Y>~t:, .... .......