12/18/1986
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:: : r-". Proceedings of Ihe Pension Advisory Committee Meeting of December 1 a, 1986.
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~:-;, , Present:
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Charles Dunn, Chairman
David Krieger, Member
John Nicholson, Member
H. Michael Laursen, Personnel, Director
Deborah Lally, Personnel Department
Cynthia eUman, Personnel Department
Nancy Degner, City Nurse
Miles Lance, Assistant City Attorney
Douglas Carey, Pollee Department
Walter Kosiba, Pollee Department
Cary Singletary, Attorney for Kosiba and Carey
Mark Brumage, Gas Division
Steve ZImmerman, Gas Division
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'The meeting was called to order at 9:32 A.M.
John Nicholson moved to approve the minutes of the meeting of December 5, 1986. The motion was duly
,seconded by David Krieger and carried unanimously.
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~~J' ':' The Committee once again consIdered the requests of Douglas Carey and Walter Kosiba for job-connected
:c,~dlsablJity pensions. Cary Singletary, attorney for both men, renewed his poslllon. He again brought attention
h~"<J(O' the case laws which he had presented to the Committee at an earlier meeting. It Is Mr. Singletary's
"'~';":"; ; contention the law Is precise in that If a disability Is not proven to be caused by some outside factor, the
(;',,:. ',:.'presumptlon Is there that it Is job-related. Therefore, Mr. Carey and Mr. Kosiba are entitled to
:~/~:", Job-connected disability pensions. .
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~:,i,:''.,,:,. .Dlscussion ensued regarding the letters received from the doctors involved in these two cases.
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f-;,:'~,;<, With regard to Officer Carey, Drs. Fishman and Oharamraj stated In their letters they could not say with "any
",J...:." . degree of medical certainty" that his condition Is work-related due to the existence of other contrIbuting
;~:)" ' . factors, Including his family history, high cholesterol, and smoking.
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i':-:' ,,' In Officer Koslba.a case, only one response was received. Or. Spoto's letter Is not quite as explicit regarding
;:~"i ,,"", the factors causing the heart disease. He stated In his leller there Is no question that stress contrIbuted to
~}:--" ,',: ,'Officer Kosiba's heart condition. No answer was received from Dr. Eubanks.
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M'j'~<':' '. Chairman Dunn stated It was his bellof that doctors will not give a definitive answer In their letters but only
'~J{ .':,:, offer an opinion based on their medical experience and training. Based on the Information received; he feels it
~J: \:' ::" is hard for him to make a decision.
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:~:/', ,", .Chalrman Dunn Informed the officers and Mr., Singletary' that he would like to have the men receive an
:<:,:...',"/, independent medIcal examination by another doctor at the City's expense In order to assist the Committee In
','; ',,:,::';:, making a decIsion on these two cases. The other Committee members concurred. ChaIrman Dunn advised the
'i':h~>>'nurse to provide Mr. Kosiba and Mr. Carey with the names of three doctors from which to choose. She Is to
~",.<:: >i:,", tllake an appointment for each of them with the doctor of their choice. When the reports are received. a special
!U. ;::, meeting will be scheduled If necessary. It was decided that a letter would be sent to these doctors explainIng
':;~'~~;b":sxactly ~hat the Committee Is lOOking for In the reports of the doctors.
i!:::;:>."., Chairman Dunn stated If It Is necessary to hold a hearing on thIs matter, the Committee wllJ do so. Mr.
:~:;;~{::,:\~"'Slngletary questioned whether the Committee had the authority to hold such a hearing. Miles Lance, Assistant
;'J~:~"::.'!;:<Cjty Attorney, stated he felt they could; however, they don't have subpoena rights..
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::,:: 0 Dave Krieger stated Dr. Spoto~s lelter answers all his questions regarding Walt Kosiba. Once Ihe lelter from
,;.:-.- ,-\C'" Dr. Eubanks Is received, he wilt be able to make a decision with no problem.
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';',::' No further action will be taken until such time as the reports from the City doctors are received.
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Mark Brumago, Gas Division, expressed his desire to reopen his request for a Job-connected dlsablllly
pension. He was under the Impression when he withdrew his request that he would conUnue in his light duty
assignment. Since he has been returned to full duty In his position of Gas Distribution Plpefltler Halper, he
feels he Is unable to perform this work and, therefore, Is requesting a job-connected disability pension.
Dave Krieger stated he would not vote on any pension based on the Informarlon received (a request form and a
leUer from a doctor which was previously submitted).
The Committee members questioned Mr. Brumage as to why he did not appear at the meeting to defend himself
,against the testimony of the other witnesses to the Incident In whIch he was allegedly injured. Mr. Brumage
stated he could not understand how the men could have seen what was going on. He was reminded the witnesses
were sworn under oath.
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, Dave Krieger teft the meeting at 10:41 A.M. and returned at 10:43 A.M.
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John Nicholson questioned Mr. Srumage as to his surgery. his past worker's compensation claims, and Injuries
, he has received. Mr. Brumage stated his surgery was In December of 1985 with a recovery rata of over 60%.
, 'In response to a question concerning motorcycle accidents, he advised the Committee he only had two accidents
",,' ',' cn his motorcycle. one of which resulted In a broken ankle. The other was minor with no Injuries and no
<;.:i>.,. ~ospltal treatment.
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~~':/~~ ,John Nicholson Informed Mr. Brumage that according to the last two letters the Committee received, Dr. Logue
,;.} ! :.J, ,was of the opinion he was ready to return to work and Dr. Lyster feU he was fully recovered. He told Mr.
;:':>:'" 8rumage the Committee would need letters from two doctors stating he was disabled.
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,,~::',':",'_ ,', Miles Lance Informed Mr. BrumagR that based on the testimony of the witnesses. there is definitely a question
~';:;:', as to whether or not the Injury Is job-connected. Chairman Dunn told Mr. Brumage he had an opportunity to
~>:':-' '. speak at the meeting, but only showed up when he was sent for by Chairman Dunn. Mr. 8rumage said he did not
:';"'.': : ,show up because he did not know when the meeting was being held and his attorney was not available. Dave
(>:,:,,' ..Krieger reminded Mr. 8rumage that he stated he withdrew his request on the advice of his attorney.
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'i:.:<'; . 'The Committee advised Mr. Brumage to get his two letters stating he Is disabled and present them to the
'::~:~: , ,Committee.
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;,C,::' . ,: : Charlie Dunn left the meeting at 10:55 A.M. to speak wilh Dr. Eubanks' office and returned at 10:56 A.M.
., , ',: John Nicholson read Into the record a letter he Is sending the City CommIssion objecting to an item on the
:~:>:"",'agenda which will revise the pension ordinance. All the members objected to the fact that an outside study was
.';:.;:;, :', :conducted and a report submitted by the consulting firm but this amendment to the ordinance was written
~X/',:'" ,::;,..before the report was even received.
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;:";::~":', ~': Charlie Dunn stated he felt the PAC Committee should have representatives from the employees. the
;\':,:rf.:Commlsslon, and the citizenry. He had mentioned this to the City Manager who,advlsed him he would Inform the
:~\::',' ":,Cfty Commission of Chairman Dunn's feelings In the matter.
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i~X~i;':'~\,,'::)ohn Nicholson read the names of the following employees to be approved for membership In the Pension Fund:
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~,{,;l',' ,.' Data of Pension
~J.W~'i'(<'>': EmplQymenl gUg. DatQ
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:~~::~::":::':Mark Whitham, Police Recruit II Police 12-15-86 12-15-86
1~::(~, ....' : Richard Breest. Jr., Police Recruit II Police 1 2 -1 2 - 8 6 1 2 -1 2 - 8 6
':',:\-:,,':',:Mlchael Schaffner. Police Recruit II PoUce 12-8-86 12-8-86
~:\!:I:,,~,::.. ,:GarY Kolb. Police Officer Police 1 2 - 8 - 8 6 1 2 - 8 - 86
,,;/',';;':;;'... Scott McPherson. Firefighter Fire 1 2 - 8 - a 6 1 2 - 8 - 8 6
;\,~;'!.:':,::Nell Arfmann, Police Officer Police 12-8-86 12.8:86
IJ';V;;:,.<,,:,Thomas Stein. Police Officer Police 1 2 - 8 - 8 6 1 2 - 8 - 8 6
:~:t~{h';,~",:, Dennis Taylor. Firefighter Fire 1 2 - 8 - 8 6 1 2 - 8 - 8 6
~f,;-::,,;:Mark A. WeinreIch. Firefighter Fire 12-8-86 12-8-86
,f.0~';:(' ':' Kathleen Laterza. Senior Pool Guard Parks & Rec. 1 2 -1 - 8 6 1 2 -1 - 8 6
,M'I:i"\LaureJ Schultz. Recreation Leader Parks & Rec. 9-4-85 12-5-86
i;1L:,:<::,:~ame~ DeFalco. Police R~crult II Pollee 1 2 - 8 - 8 6 1 2 - 8 - 86
m~P/\"bharlle Dunn moved to accept for membership In the Pension Fund the twelve (12) employees listed above.
lA';';;':~''/ J,The motion was duly seconded by David Krieger and carried unanimously. '
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~:~!i;:ri':~;,' : Secretary Laursen asked whether the Committee had receIved copies of the last annual physicals for Doug Carey
~j~j;; '~'~,:i ~d Walt Kosiba and was advised they had not. ' . .
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{jt~'<., :The meeting adjourned at 11 :20 A.M.
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il~N{~.},~espectfuUy submitted.
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t0~~,~?:~(;H.' Michael ursen .
;~?~::IX::.:, Per$onner Director 'a i:f .', ,
~(I:;j~7:;,,:S~retary. pension Advisory CommIttee
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