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08/01/1990 Proceedings of the Pension Advisory Committee Meeting of August 1. 1990. Page 1 Present: John Nicholson. Chairman Olenn Perry. Member Tom Pudelski. Member j' H. Michael Laursen. Personncl Director Cindy Climon. Personnel Records Specialist Deborah Lally. Personnel Department Nancy Degner, City Nurse George Mobley. Police Officer Cory Singletary. Attorney for Officer Mobley Joseph DeSantis, Police Sergeant The meeting was called to order at 9:31 A.M. Tom Pudclski moved to approve the minutes of the meeting of July 18. 1990. The motion was duly seconded by Glenn Perry and carried unanimously. Secretary Laursen advised the Committee that a meeting was held with the Doctor's Walk-In Clinic in which one-half of the medical standards were reviewed and revised. Another meeting is scheduled for September 4. 1990. in which the remainder will be reviewed. The major revisions dealt with removal of various prohibitions as to acceptance into the Pension Plan. John Nicholson suggested the Committee move to adopt the Rules of Procedures as proposed by Mr. Laursen with two additions concerning Section 26.31 as it pertains to leaves of absence and discharge. Mr. Nicholson suggested the Committee discuss this at the next meeting and make a recommendation to the Trustees to adopt them. Mr. Nicholson would like these approved for distribution to the members of the Pension Plan. Gtenn Perry questioned why the language was changed so the Trustees rather than the Pension Advisory Committee will determine the amount of interest for an employee to pay when reinstated after reversal of a discharge. Mr. Nicholson advised him the Committee has always made a recommendation to the Trustees and they make the final decision. Mr. Nicholson said he had only one objection to the procedures as submitted by Mr. Laursen. He has a problem with the Committee establishing a, light duty policy. He suggested different wording could be used. With respect to Michael Dandaneau, Department, no new information has job-connected disability pens30n. Police Communications been received concerning Police for a Operator, his request In regard to the request of Deborah Patterson, Meter Reader I, Division, for a job-connected disability pension. Cary Singletary addressed her behalf. He advised the Committee that he has been retained to represent she bas been to two different doctors who are board certified orthopedists. reports 3re received. they will be forwarded to the Committee. Utilities Finance the Committee on Ms. Patterson. and When the doctors' Party Chief, Public Works information has been received. I' " I I I \ I I ! I i I I I , ! 1 ! ! l >>>~ . :' l,:' : ", ~i." .'":.", V ~" ' ,.,.' ~:. ~!; . , ", ~:; fir. '-1.\ , ~../ I;: ~{I; :. ~\. -t~~~~ I );,' , ~(\'O ", ..' :~~:~. ~ . ~::.. .; ',\ k',,' "/~.: '",:-.."f' If. ~;" Proceedings of the Pension Advisory CommiUee Meeting of August 1 i 1990. ~ . n ~ i 1 1 I 1 . Page 2 The Committee considered the request of George Mobley~ Police Officer, Police Department, for a job-connected disabilily pension. A leller from Dr. Sena was submitted. Mr. Perry asked Mr. Mobley what kind of light duty work he was doing in the Pollee Department. Mr. Mobley advised him he was doing validations which used 10 be done by the records seclion. Mr. Perry asked if this work typically was performed by a Police Officcr. Mr. Pcrry was advised that this job has been moved around and at onc time was performed by a civilian records clerk. Tom Pudelski movcd that George Mobley ve grantcd a job-connected disability pension effective on a date to be determined based on Mr. Mobley's disability that resulted from on-the-job circumstances which is described as 11 recurrent dislocating right shouldcr, said disability making him permanently unable to perform his job and documented by medical statements of Dr. Patrick 1. Logue, dated February I, 1990. and Dr. Edward N. Feldman. dated July 13, 1990. The motion was duly seconded for discussion by Glenn Perry. Mr. Perry again questioned Mr. Mobley on the light duty job he currently is performing. Mr. Singletary stated that under the rules Mr. Mobley must be able to perfonn all the duties of a Police Officer. Mr Perry advised him there was some disagreement on this issue because the language says the employee' must be able to perfonn the duties but docs not say ill the duties. A lengthy discussion ensued concerning the issue of light dUly and how it pertained to Mr. Mobley. A vote was talcen on the motion. Tom Pudelski and John Nicholson voted "aye;" Glenn Perry abstained. Mr. Nicholson advised Mr. Mobley that he cannot perform any work which is similar to what he was doing as a Police Officer. Mr. Mobley was also advised that this would go before the Trustees. Mr. Singletary asked to be notified of the date the Trustees will consider this. The Committee considered the request of Joseph DeSantis, Police Sergeant, Police Department, for a job-connected disability pension. Mr. Nicholson advised Sgt. DeSantis that the documents he submitted in support of his request have been determined by the Legal Department to be a matter of public record. Therefore, copies will be made and retained in lhe Personnel Department. Sgt. DeSantis presented to the Committee a handwritten memo as further documentation for his request. Mr. Nicholson advised Sg\. DeSantis this matler must be considered at two meetings and no nction can be taken unless all members are present. The next meeting will be August 15th and all members plan to be present. Sgt. DeSantis advised the Commiuee that Dr. Skotko and Dr. Gonzales expressed their willingness to appear before the Committee if necessary. Mr. Nicholson asked Sgt. DeSantis to get another copy of Dr. Skotko's letter of 6/20/90 because the one he has is illegible. Mr. Nicholson made reference to a memo dated December 8, 1988, from Mike Laursen to Mr. Rabun concerning independent legal counsel for the Civil Service Board if needed for the hearing it conducted regarding Sgt. DeSantis. According to this memo both parties agreed to hire either 10hn Hubbard or Wallace Pope as counsel for the Board. Mr. Nicholson asked if Sgt. DeSantis would object to either of these men being hired if the Committee detennincd it needed independent counsel in this matter. Mr. \Nicholson would like this request to be presented to the Trustees. Sgl. DeSantis asked Mr. Nicholson who provided this memo to him. ?,~_: , Mr. Nicholson advised Sgt. DeSantis that he reviewed his personnel file and made a copy of the ,,~. memo. r;', , , Proceedings of the Pension Advisory Committee Meeting of August I, 1990. Po ge 3 Sgt. DeSantis questioned Nancy Degner~ Clty Nurse. about a conversation she supposedly had with Joanne Ruggiero, a Police Service Technician, three weeks ago concerning Sgt. DeSantis' request for pension. Mr. Pudelski advised Sgt. DeSantis this was not one of his depositions and this had nothing to do with the meeting. Sgt. DeSantis relayed to the Committee various incidents that have occurred in the Police Department. Sgt. DeSantis again asked why the Committee needed special counsel. Mr. Nicholson stated he was not sure counsel would be needed but wanted to know if there would be an objection to either attorney. Sgt. DeSantis said he would check with his attorney but did not foresee a problem. Sgt. DeSantis asked why the Committee just could not make an bonest decision. Mr. Nicholson advised him that this matter could not be handled in an honest manner because nothing 1::, Sgt. DeSantis has done has been honest in that he came into the Pension Plan under false J>~ pretences and dragged these proceedings out as long as he could. A lengthy. heated argument d:\~1!?';" ensued relative to Mr. Nicholson's opinion that this whole thing was staged and Sgt. DeSantis' , denial of this accusation. Sgt. DeSantis left the meeting. The Committee considered the request of Patricia L. PhlUlps, Staff Assistant III, Parks & Recreation Department. to vest her pension. Ms. Phillips has been employed since November 5. 1973. and has participated in the Pension Plan since that date. Her pension will be effective on November 6. 1993. at the beginning of the day. Her resignation date is September 24. 1990. Tom Pudelski moved to approve Ms. Phillips' request to vest her pension. The motion was duly seconded by Glenn Perry and carried unanimously. Mr. Nicholson apologized to Ms. Degner for Sgt. DeSantis' verbal aUack. Ms. Degner stated she did not know of his request for pension until two weeks ago. Mr. Nicholson advised her he was going to point out to Sgt. DeSantis that she was not here at the last meeting but could not get an opportunity to do so. The Committee considered the request of Don Lambert, Firefighter, Fire Department, for a pension based on years of service. Mr. Lambert was employed on December 14~ 1969t and has participated in the Pension Plan since that date. Tom Pudelski moved to grant Mr. Lambert a pension based on years of service. The motion was duly seconded by Glenn Perry and carried unanimously. The Committee considered the request of Richard White, Police Captain, Pollce DepBrtment~ for a pension based on years of service. Mr. White was employed on January 11. I 1971, and has participated in the Pension Plan since that date. His resignation date is June 24. . ,:\ I i t \ > ~ Sgt. DeSantis stated he reviewed the Personnel Department files of Judl Acker. Charles Kettell. John Welch, Dnd Monty Krysko and could find no letters in these rues pertaining to their disability requests. Ci. Iy Climnn advised Sgt. DeSantis again that aU material pertaining to disability pension requests is retained ln the employee's file in the Payroll Division nnd is a matter of public record. Mr. Nicholson asked Sgt. DeSantis if he objected to using either of these attorneys. He sald no but asked Mr. Nicholson why the Committee would need independent legal counsel. Mr. Nicholson stated "there's something about your attitude that hos people in the City running scared but I don't know whl\t it is." . .' " ~ " , ~ Proceedings of the Pension Advisory Commluce Meeting of August 1, 1990. Page 4 1991. Tom Pudelskl moved to grant Mr. White a pension based on years of service. The marion was duly seconded by Otenn Perry Dnd carried unanimously. Mr. Pudelskl clarified for the record a legal opinion rendered by Miles Lance, Assistant City Attorney. concerning whether or not a pensioner would be cntitled to the 15% additional payment for a child who resides with him/hcr on a pan-time basis. Mr. Lnnce's opinion was that the pensioner would not be entitled to the money unless the child resides there pcnnanenUy and the pensioner is responsible for support. Discussion ensued concerning the possibility of making some provision for pensioners who have joint custody of or claim their child(ren) on their income tax to receive some extra percentage for them. Mr. Nicholson asked that Mr. Laursen check to see if it is possible to make such l\ change administrativcly by adding something to the guidelines and procedures without changing the ordinance. With respect to tho Pension Advisory Committee election. Mr. Nicholson spoke to Ed Hooper who will contact the City Clerk. The City Clerk is still waiting for the election committee to contact her before procecdlng. Mr. Nicholson asked that the election bc put on the agenda for the first meeting in January of every year in order to get an early start on this. The meeting recessed from 10:54 A.M.to 11 :02 A.M.. Glenn Perry read the name(s) of the following employee(s) to be accepted into membership in t the Pension Plan: " 'i', ." ", .;,,. i.:' , j"; , , ',.f": ~ c . ~k ~.r.~: ' 'j :" " Thomas S. Long, Groundskeeper I '~A Victor Myerscough, Mechanic II ,~~Betsy ,Clement, Microcomp. Tmg. & Paul Estes, Oroundskeeper I Laura Dann. Lib. Acq. Control Clerk Date of Employment Pcnsion ~Ue. Date 7.30-90 7 -23.90 8-1.90 6-4-90 7-19-90 7-30-90 7-23-90 8-1-90 6-4-90 7-19-90 Sup. Spec. Parks & Rec. Gen. Ser./Motor DOAS/DIS Parks & Rec. Libraries Pool Glenn Perry moved that the employee(s) listed above be accepted into the Pension Plan. The motion was duly seconded by Tom Pudclski and carried unanimously. Mr. Nicholson askcd that the minutes reflect that the Committee would like a copy of the minutes and the tape of this meeting sent 10 Sgt. DeSantis. Tom Pudelski moved that the meeting be adjourned. The motion was duly seconded by Glenn Pcrry and The meeting adjourned at 11:04 A.M. , Respectfully F,":~ ". ' -- I,. . /::< H. Michael ursen /." Personnel Director a !:.{~ ;"Sccrctaryt Pension Aavisory Committee ~,~, > ,', , . .. ,l , ~r;:/';'i;':'.'. <st i' " :1'.. ' ,}:. . ~c-: , ' ?,.' ' : , ? , I' I \ ,i :\ :\ ,i "