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07/19/1989 , " " '~~':' < " "." ',' I:' ., I" ;,'~ , \, ' ,I .. , , " , , :' ~. "," ~ I. . i " .. ; ~ . (, ' . , " , ," . . , \.; ...... . {I c' !(:, '!, . " ..' I', . \, ,I '. . ~, I ' . ;6~" . ~.:.~ , niQ':"', ,~,C;.'<" ' :L~:: \t ~ . . f~:,\,"'. ' ;~\}:, ' ;~~ ~..., .. ~(, . ':'. ~.;: . (' ,':, ,.' ~ '0:". l~';. :', . . ' . 1- . ".~ ,j.- :,::::~', . ,,:. '. 'j:',", 'r'. > ", :r;r: ::-.: '~ ' ~ . j...., ' t\:' ' Proceedings of the Pension Advisory Committee Meeting of July 19, 1989. Page 1 r !t..':' .- ~:;~':: . t . ,< .~:~ ;..: < .),' , ..:+: ..<~ ;::.:;:,::.: ~~-o' I~:\,," (I- " ...+ r~;~ '. . <J '"" " ~{.. ',,, r:'~ .":." ; }~~t ' <~' . f~~;::" ~ ' }/, .. ' , :<~;/{": Prescnt: John Nicholson, Chairman Olenn Perry, Member Tom Pudelski, Member H. Michael Laursen, Personnel Director Deborah Lally, Pcrsonnel Department Miles Lance, Assistant City Allomey Donald Ward, Firefighter Charles Kettell, Police Officcr Eddie Griffin. Police Officer Cary Singletary, Attorney for Officer Kettell and Mr. Ward J /.,-,,/ " ,The meeting was called to order at 10:02 A.M. Tom Pudelski moved to approve the minutes of the meeting of June 21, 1989. The motion was duly seconded by Glenn Perry and carried unanimously. Tom Pudolski read the name(s) of the following employee(s) to be accepted into membership in the Pension Plan: Date of Employment Pension aliI:. Date Donald Greene, Police Recruit J Michael Jacobson. Police Recruit II Police Police 6-21-89 6-21-89 6-21-89 6-21-89 qlenn Perry moved to accept into membership the two (2) employees listed above. The motion was duly seconded by Tom Pudolski and carried unanimously. The following employees will not be considered for approval until the items noted arc rechecked: Peter Tsagaratos, Police Recruit II, Police Jimmy Cabaniss, Police Officer, Police Robin Bastin, Police Recruit II, Police Wayne Millen. Police Officer. Police Joseph DeSantis, Police Sergeant, Police Occult Blood High HDL. cholesterol and triglycerides High cholesterol and HDL High cholesterol High cholesterol and triglycerides Karin, Bennett. Police Recruit I, Police Department, will not be approved until the doctor approves her for pension since this was not indicated on the physical. Toni Pudelski moved to deny membership to the six (6) employees listed above until such time as the problems noted are corrected. The motion was duly seconded by Glenn Perry and carried unanimously. The Committee considered the request of Donald Ward, Firefighter, Fire Department, for ,a job-connected disability pension. Cary Singletary, attorney for Mr. Ward. addressed the 'Committee on Mr. Ward's behalf. He submitted a three-page EMS report as a supplement to the original documentation presented to the Committee. This report referenced an injury Mr. Ward re'ceived in' 1984 which was not claimed under worker's compensation. Mr. Singlelary argucd , that' Mr. Ward became disabled as a result of injuries he incurred on two separate occasions while perfonning his duties as a firefightcr. .... ,.. i'" ,0 \' , , ~' I . cO , \'~' ~ ':<'0 ~.... . . > ~. . . ',.;". : '<'. , , ,.... : f~ i c <I~~.: '. ... "' L:- 'i,,' " ' ~,l:!~:.... . :f.>." " ' .~ . " f, :.';': \ ' ~~ I:,'.'C ~:'. ". '~,'. . ", " ' " ~~ ,;~.:' >', c. I."'" f~ : -:",'. 't.., . ::;:'>0' , t, ~. ': I ~r. :0, r....'.' E>,:,; :....\ ~1/f, " t{:,:;:,:,:,~, , I Proceedings of the Pension Advisory Commlllee Meeting of July 19t 1989. Page 2 The first injury occurred on May 29, 1987, while helping another firefighter move a gencrator. He was nrsl trellted by Dr. Patrick Logue. He was then sent by worker's compensation to Harriet M. D'Costa for an independent medical examination. As a result he was diagnosed as hnving an acute back sproin. He returned to work on October 20, 1987. The second injury occurred on October 5, 1988, while Mr. Ward was trying to hit a ball. (Firefighters used to be allowed to engage in physical activity whl1e on dUly.) He was treated for this injury, and later sent to Dr. Thomas Newman and Dr. Martin Kornreich. He was disagnosed as having degenerative disc disease which is a result of the injurics to his back. Howevcrt in his lellers Dr. Newman docs not refer to the 1984 or 1987 injuries to Mr. Ward's back. Secretary Michael Laursen advised the Committee he had been informed by Carole Greiner, Acting Risk Manager. that Mr. \Vardls worker's compensation benefits had stopped on the basis the injury is not job~related. Mr. Singletary advised the Committee he had nol been forman)' notified of the worker's compensation decision. He also advised the Committee that if the disability pension was not approvedt there would be a contested worker's compensation claim. John Nicholson advised Mr. Singletary that Dr. Newman's letter of March 12t 1989, stated there was no "neurological impairment from the injury of October. 1988." Therefore. he feels Mr. Ward should be sent for an independent medical examination. The City will give Mr. Ward a list of names from which to choose and schedule the appointment. Mr. Singletary agreed to this. Glenn Perry moved that Mr. Ward be given a list of approved onhopedic doctors to receive an independent medical examination. The motion was duly seconded by Tom Pudelski and carried unanimously. I ! i ~ , The Committee considered the request of Charles Kettell, Police Officer, Police De par t men 1. for a job~connected disability pension. Cary Singletary t aHorney for Officer Kettell. addressed the Committee on his behalf. A question was raised as to whether or not a child born after an employee starts receiving a disability pension w~uld be eligible for the 15% additional amount allowed for dependent children. A discussion ensued regarding this issue. Secretary Laursen advised the Committee there was an opinion from the Legal Deparlmel1t to the effect that any children born in the future would be covered under the 15% , provision. He will check and report back to the Committee on this issue. Officer Kettell was seen by Dr. Harold Smith, Dr. Harry Spaulding. Dr. A. G. Gonzalez, and Dr. 'Valter Afield. He was sent by the City to Drs. Spaulding, Gonzalez. and Smith. Officer Kettell was scnt to Dr. Spaulding as a result of a shooting incident in which he was involved. Dr. Spaulding saw him on three occasions. at the conclusion of which he detcrmined Officer Kettell should not be returned to duty as a police officer. Dr. Afield statcs in his letter that Officer Kettell is totally disabled. Dr. Gonzalez diagnosed Officer Kettell as suffering from post~traumatic stress disorder. Mr. Nicholson did not feci the lettcr from Dr. Gonzalez was sufficient in that it did not state whcther~ the condition is permanent. He asked that this doctor be contacted with the request that he clarify his Jeuer. Mr. Nicholson stated that since the City sent Officer Kettell to three of the doctorst it would not be necessary to send him for an independent medical examination. If the new lctter from Dr. Gonzalez. is received by lhe meeting of August 2, 1989, action will be taken on this matter at that time. i l J ,~ '.':,i~ ..;..~ r" ' :~ j . c': . " " , " ' ,I,;', .' Proceedings of the Pension Advisory Committee Meeting of July 19, 1989. Page 3 The Committee considered the request of George Smith, Wastewater Treatment Plant-Lead Operator, Water Pollution Control Division, for a pension based on years of service. This pension will be effective on April 2S, 1990. Tom Pudelski moved to grant Oeorge Smith a pension based on years of service. The motion was duly seconded by Glenn Perry and carried unanimously. The Committee considered the rcqucst of Ulyssce Barber, Sanitation Heavy Equipment Operatof, Sanitation Division. for a (lension based on years of sc:;rvice. This pension will be effective ,on July 28, 1989. Tom Pudelski moved to grant Ulyssce Barber a pension based on years of service. The motion was duly seconded by Glenn Pcrry and carried unanimously. With respect to the Pension Advisory Committee's request for independent legal counsel. Mr. Nicholson stated the main objection to this appears to be the cost. He feels that the additional cost to the Pension Plan would be minimal when considering the Plan paid $259.283 in the past year for professional services and has a balance of $98,893,629. Mr. Nicholson agreed with Mr. Laurscn's reasons' for hiring independent counsel. He would like the Trustees to be advised that the consensus of the Committee is that it needs to have its own attorney. Mr. Nicholson referred to the minutes of the July 3. 1989, Trustees' meeting in which reference was made to the status of the issue denying employees the right to extend retirement dates by using aecrucd vacation and sick time. He would like the Trustees to be advised that under the new IAFF contract, new hires in the Fire Department will no longer have this option. Mr. Pudelski stated he had attended the goals and objectives meeting of the City Commission. The City is still looking into the possibility of offering an alternative ICMA plan. The Committee feels that any alternative plan 1) must be negotiated; 2) must go to referendum; 3) must have capital to support it; and 4) must have the Pension Advisory Committee's recommendation for the change. The Commi\tee was concerned with where the manics would come from to support the new plan. Mr. Pudelski would like the Committee to write a letter formally objecting to any changes. Mr. Laursen was not present to report on the status of the guidelines and procedures to be used in considering pensions. The Committee considered the request of Michael Dandaneau, Police Communications Operator, Police Department, for a job-connected disability pension. Mr. Nicholson had a problem with this request because the current injury seems to be in a different place from where Mr. Dandaneau was injured while rcpairing a chair in the Communications Center while on duty. Mr. Dandaneau has had previous injuries while employed elsewhere. Based on the information received, Tom Pudelski moved to deny the disability pension. Dr. Matos states in his lettcr of May 26, 1989, that Mr. Dandaneau is permanently disabled. Dr. Balis states that he is only 25% disabled. Mr. Pudelski questioned whether the disability resulted from injuries incurred while employed with the City of Clearwater or someplace else. Due to the conflicting reports, Glenn Perry moved that Michael Dandaneau be supplied with a list of approved doctors from which to choose in order to receive an independent mcdical examination. The motion was duly scconded by Tom Pudelski and carried unanimously. The Committee considered the request of William Harvey, Firefighter, Fire Department, for a job~connected disability pension. Mr. Harvey's request is based on injuries to his knees which he incurred while on duty as a firefighter. Leuers from three doctors were submitted. Dr. Logue states that Mr. Harvey could return to light duty. Both Dr. Barrett and Dr. Abrahamsen state that Mr. Harvcy is permanently disabled and cannot perform the duties of a firefighter. There is no light duty for firefighters. \,<~~~ ')I~ Y" "':R' ~~>~... . "." , ~. . . :~'::'::::> . , }. L " Proceedings or the Pension Advisory Commiuee Meeting of July 19, 1989. Page 4 Tom Pudelskl moved that WilHam Harvey be sent to another doctor for another medical opinion. The mollon was duly seconded by Olenn Perry ond carried unanimously. ,'I Olenn' Perry moved that the mcctliig Tom Pudelski and carried unanimously. " seconded be adjourned. The motion was The meeting adjourned at 11 :25 A.M. duly by Rcspcct~lj' submitted ,'"./- . ~ _." H. Michael 'Laursen Personnel, Director , ,:, S~crctBry, :, Pension Committee c".' , .l.t '. , " ,'> ......c,l< " '. ,. 'I: .... " , '. . ,I. ,," o", : ~ I, '.' , ~ ~: .,' . ' c: :.Jr ,;. , , ., ~:, ':.. ' ",t' .:' I '. ~. I' ,. . ,: , '> t ~ < . . . . )' ',;,:.<, I" , .'1" ~ I } '" ;c~ ::. ..t ;'1-) '.' " ':, ..' 1 '.'i , ,'! ; I ',' ' .: I " . ." , , -".', '.' . ,) ,> " ,., , ' ) , h',... ,; . .., , " .; (.. ~' " :.... .: j' ." ~\. " , .. , ! ,~ . .,: {,,' ,. ~',. . , , "