07/19/1989
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Proceedings of the Pension Advisory Committee Meeting of July 19, 1989.
Page 1
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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
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,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.
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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.
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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.
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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.
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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.
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Olenn' Perry moved that the mcctliig
Tom Pudelski and carried unanimously.
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seconded
be adjourned. The motion was
The meeting adjourned at 11 :25 A.M.
duly
by
Rcspcct~lj' submitted
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H. Michael 'Laursen
Personnel, Director
, ,:, S~crctBry, :, Pension
Committee
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