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03/27/1987 ':'.0 Proceedings of the Pension Advisory CommlUee Meeting of March 27, 1987. Present: ~J Charles Dunn, Chairman David Krieger, Member John Nicholson. Member H. MIchael Laursen, Personnel Director Deborah Lally, Personnel Department Miles Lance, AssIstant CIty Attorney Tina Wilson, Payron SONlees Manager WaU Kosiba, Police CUlcer Cary Singletary, Attorney for Walt Kosiba The meeting was called to order at 9:33 A.M. David Krieger moved to approve the minutes of the meeting of March 13, 1987. The motion was duly seconded by John Nicholson and carried unanimously. / John Nicholson read the names of the following four (4) employees to be approved for membership In the Pension Fund: Date of Employment \ Pension EIiO. Date :,,' ~O James Rubincan, Jr., Pol. Ree. I " " , William Kunzman, Parking Enf. Off. , ' Katl Jackson', Copy/Print Operator , Gene Roebuck, Maint. Worker I Police PoUce Cent. Ser JGraphlcs Pub. Works/Pub. Ser. 3-16-87 3-23-87 3-16-87 11-17-82 3-16-87 3-23-87 3-16-87 3-23-87 David Krieger moved to accept for membership in the Pension Fund the four (4) employees listed above. The motion was, duly seconded by John NIcholson and carried unanimously. Charlie Dunn stated Doug Carey must see the doctor one more time and then he will be through with hls , physical. .'<,..' . .~:.' ~. (CerY Slngletary;altomey for Walt Kosiba, addressed the Committee. He advised the Committee to consider that :::,' V" their decision today would affect every other pollee omcer and firefighter In the City of Clearwater. If they "':'. "deny the request, a different standard than that which exists for other police officers and fireflgthers In the , 'State will be established for Clearwater. The reason the courts established presumption Is because It Is so . . difficult for doctors to determine that stress causes the diseases. The burden should not be placed on the . employee to prove the disabl11ty Is job~connectad. . , John Nicholson stated he feels police officers and firefighters should not be sent to a doctor to argue a point of law. It Is his opinion If a doctor states there is this disability, the law says what caused It. Dave Krieger agreed with John Nicholson. Being a police officer himself, he knows what stress is involved. He <' 'tpinks the presumption does exist In this Instance. :J;;':" JMiles 'Lance, Assistant City Attorney, has checked Into this matter very carefully. He does not feel the "heart" k<O blU is through being IiUgated in the courts. He has written a letter to MaNln Clayto~ and is awaiting a reply. ~,I:':" He does not think Chapler 185 applies to the City of Clearwater since Clearwater has Its own pension plan. q." , ~L'H . It;" ~~i~. '.' :" . /:\ !V:,,',', ' ~).. . " . . ...'. . , , I'. . J~ I . .-, , . i , :" '. , ' " < .. ;",' f}, ')., " ~.: ' " Pension Advisory Committee Meeting of March 27. 1981 ....0 ' <'r 'f~~' ~. . . /, Page 2 ". \'1' ,',,' ( t.. Charlie Dunn staled as a member of Ihe Committee he represents many different people. After reading all the leUer~ and speaking with all the doctors. he has come to a difficult decision. Secretary' Laursen stated two things for the record~ 1) He does not believe that at any time did the Pension j;': <Advisory Committee place the burden of proof on the employee~ and 2) the doctors who examined the employees ". were asked to find a medical cause as to the dlsabnlty and not to make an Interpretation. +c . ./~ " V ( Charlie Dunn voted to grant Mr. Kosiba a non-job-connected dlsab1llty pension. John Nicholson and Dave ,: :, ') Krieger voted to grant him a Job-connected dlsabilty pension. :; . 7 Dave KrlegEtr moved to approve a Job.connected disability pension for Waller Kosiba. The motion was duly '.' ~econded by John Nicholson and carried unanimously. 4C.' . With regard to Robert Noonan. the Committee wants new letters from Drs. Smith and Schneider stating Mr. Noonan 'cannot perform his duties and the reasons why. Mr. Laursen wlll advise Mr. Noonan of the C~mmlttee's request. . The Committee considered the request of Barry Burton, Sanitation Driver I. for a non-Job-connected disablllly pension. ,Charlie Dunn stated the doctors would not allow Mr. Burton to return to work. Both I)r. Alvez and Dr. Wallace feel he cannol continue 10 work In his present position. " ,', , " \:.~! ",,:\' John 'Nlcholso'n moved to approve a non-Job'cOnnected dIsability pension for Barry Burton. The mollon was :\::: ", seconded by Dave. Krieger and carried unanimously. t<}29 Ch~rne Du~n'asked ~en the ~extPenslon Rewrite Committee would be held. He was informed It would be held ' ;:";:,> ,on Tuesday, ,MarCh 31, 1987, at 9:30 A. M. r~:;",;,: The ~eetlng adjourned at 10:05 A.M. ~\~:' ::.\ . Respectfully submitted. t,J , >,::', :H. Mfcha'elL8u'rsen ;\". ':,":, , Persomiel Director and, . ;' .' Secretary, Pension Advisory Commltt'ee ...." !~!~}.':':' ,~;" ;0-' .... ",' t~:;.i: .~...\ ".", ' . ~;y:. ... ;~;;\;::~'. ",;': ::", :~~~:f~'::.::'~ ~.: ' . tg;~.' ~/::\O' . "