02/15/1989
Proceedings of Ihe Pension Advisory Comrnillec Meeting o( February IS. 1989.
Page 1
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lohn Nicholson. Chairman
Glenn Perry. Member
Tom Pudelski. Member
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H. Michael Laursen, Personnel Director
Deborah Lully. Personnel Department
Nancy Degner. IndustrinJ Nurse
Cynthia Climan. Personnel Department
Jamcs Ford. Police Department
Peter Fire. Police Officer
Dennis Ackcr, Police Officer
:,:: The meeting WllS called 10 order at 9:30 A.M.
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Glenn Pcrry moved to approve the minules of the meeting of February 1, 1989. The motion was
duly seconded by Tom Pudelski and carried unanimously.
The Committee considered the request of Peter Fire. Police Offlcer, for a job-connected
disability pension. Glenn Perry moved that Peter Fire be granted a job-connected disability
pension, effective March 28, 1991. based on Mr. Fire's disability which is describc:d as nerve
damage to his left (shooting) hand that resulted from on-the-job circumstances, said disability
making him permanently unable to perform his job and documented by medical statements of
Dr. Hank H. Gosch, dated December 5, 1988. and Dr. Robert Vollbracht, dated November 3D, 1988.
The motion was duly seconded by Tom Pudelski and carried unanimously.
. With regard to the request of Earl Stanford to join the Pension Plan in accordance with the
recent referendum, the Pension Advisory Committee met with the Trustees at their last meeting
to discuss this issue. As 11 result. it was determined that 1) any current employee who was over
the age of 45 at the time of hire will be given the option of joining the Pension Plan in lieu of
continuing contributions to Social Security; 2) participation will be effective the day the
employee applies for admittance; 3) there will be a time limit (six months) as to how long
employees have to exercise this option; 4) employees will be required to pass a physical
examination; and 5) the City will pay for the physicals. Secretary Laursen presented the
Commiuee with a draft proposal with an outlined procedure on how to handl'\: these requests.
The Committee discussed the guidelines as outlined in the pension ordinance. Mr. Nicholson
had advised the Trustees some changes in the guidelines arc needed. The Committee will discuss
these changes at the next meeting after all members have had an opportunity to review
Mr. Nicholson's proposed changes. Once provisions for the 45-year-olds are made, the
retirement booklet also will need to be updated.
Mr. Perry raised a question about how the return of contributions is handled for employees
who leave and withdraw their monies and later return to work. Mr. Nicholson advised him thut
in the past. at the direction of the Legal Deparlment, employees were permitted to pay back
with interest their share of the contributions and enter lhe Pension Plan again without paying
back the Chy.s contributions.
Di~cussion ensued' regarding the proposed procedures as outlined in a memorandum dated
May 29, ]986. from Secretary Laursen. The consensus of the Committee was that it would be
helpful to adopt these procedures and make use of the form contained therein to aid the
Commillee when considering applications for disability pensions.
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Proceedings of the Pension Advisory Comrnlllec Meeting of FebruDry 15. 1989.
Puge 2
A lengthy discussion ensued concerning the issue of pre-existing conditions and its relation to
an employee's request for t\ job-connected disability when the condition is aggravated by one's
Job. Suggestions. including but not limited to changes In the ordinance. were mnde as to what
could be done to limit the City's liability In such instances.
Mr. Nicholson advised the Commiuec he had contDcted John Elins. Esq., regarding the
possibility of Mr. Elias representing the Pension Advisory Committee as its independent legal
counsel. , He suggested the Committee meet with Mr. EHas as a whole to discuss this. Questions
were raised concerning 1) the "sunshine" law and whether the Committee would have to meet
with Mr. Elias in public and 2) who will pay the cost for hiring an attorney.
Tom Pudelski moved to have Secretary Laursen follow up on the question of hiring
independent counsel and who wHl pay and that the Pension Advisory Committee make an
appointment with Mr. Elias to discuss its position on hiring an attorney.
Glenn Perry moved thllt Secretary Laursen find out about legal services and check on the
question of the "sunshine" lllw as it relates to the Committee and report back at the next
meeting.
Tom Pudclski withdrew his motion and duly seconded Mr. Perry's motion. The motion was
carried unanimously.
There has been no response from Miles Lance. Assistant City Attorney. regarding the five-year
vesting rights.
. The Committee considered the request of J. Bruce Haney, Sr., Gas Inspector, for a regular
pension based on years of service. Tom Pudclski moved to grant the pension to Mr. Haney. The
motion was duly seconded by Glenn Perry and carried unllnimously.
The Committee considered the request of James Ford, Senior Identification Technician. for a
job-connected disability pension. Mr. Ford is requesting a job-connected disability pension due
to a hellrt condition he claims is a result of his job. Mr. Ford presented letters from
Dr. Richard Sola and Dr. J. Crayton PruiH. Jr.
Discussion ensued as to the merits behind the claim for a job-connected disability. Mr. Ford
stated his problems started five or six years ago and were thought to be stress related. The odd
hours and conditions under which he works have aggravated the condition. Mr. Ford was
advised that, in any event, his letters were not conclusive in establishing the condition as
permanent and work related. Mr. Perry stilted he would have no problem with granting a
non-jab-connected disability pension.
No workers' compensation clllims have been filed by Mr. Ford. and he was advised to see the
City Nurse regarding. this malter. Mr. Ford also needs to contact the doctors and ask them to be
- ..' 'iiicire specific in their recommendations and conclusions.
Secretary Laursen advised the Committee there was a similar situation in the past where an
employee requested a job.connected disability and ultimately was granted a non-job-connected
disability pension.
Tom Pudelski moved to hold off on Mr. Ford's pension until the second meeting in March
(March 15th) until the Committee can research the matter and contact the doctors. The motion
was duly seconded by Glenn Perry and carried unanimously. 1\
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Proceedings of the Pension Advisory CommiUee Meeting of February IS, 1989.
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1
Page 3
The Committee considered the request of Carnell Clark. Sanitation Worker. for a
non~job-connectcd disability pension. Olenn Perry moved that Carnell Clark be granted 11
non-job-connected disal-Hity pension, effective upon approval of the Trustees, based on
Mr. Clark's disability that occurred or resulted from off-the-job circumsUlnces which Is
described as paranoia, said disability making him permanently unable to perform his job and
documented by medical' statements of Dr. F. Kevin Butler, dated January 10, 1989, and
Dr. Walter Afield. dated December 3D. 1988. The motion WI1S duly seconded by Tom Pudclski and
carried un an lmo usly.
Tom Pudelski asked Secretary Laursen to check with the Trustees regarding the issue of
pre-existing conditions.
The meeting recessed at 10:25 A.M. It reconvened at 10:37 A.M.
Mr. Nicholson reminded the Commiltee that a nominating committee will need to be appointed
soon for the election in June.
Tom Pudelski read the name(s) of tbe following employee(s) to be accepted Into membership in
the Pension Plan:
Date of
, Em ploymC<IH
Daniel Doyle. Parks Worker
Roberto Vergara. Maint. Worker I
Merrie Hensler, Accountant I
David Heim~ Comm. Technician
. Margaret Dowd, Accounting Clerk. II
Parks & Recreation
Pub. Works/pub. Ser.
General Services
Gen. Ser./Motor Pool
Police
8-3-87
2-13-89
2-13-89
2-6-89
7-5-88
. Glenn Perry moved to accept into membership the Jive (5) employees listed above.
was duly seconded by Tom Pudclski and carried unanimously.
, . Glenn Perry moved the meeting be adjourned. The motion was duly
Tom,. PudClski and carried unanimously. The meeting adjourned at 10:39 A.M.
Respectfully submitted.
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, H. Micliae
Personnel
Secretary,
aursen
lrector and
Pension Advisory Committee
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12-12~88 !
2~ 13-89 I
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2.13.89 ,
2.6-89
11-28.88 . .
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The motion I
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seconded by