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10/03/1990 ); , "I r~~: . ", ,,- , , \C, " "1~ :,.'..;....)~ " " ' , /" " , i- "l ",;:), , ". . ':'tt. ." {; ::>.;~., ,': I s. I!' ' " , ' " \ ~ .,.~. . . i' ~ 'J.: .:.~',:: ": ~';)/; ....~'(: . ~~~'r .' . 'tr. :~'..' ",.. {<~...: " t~,:->:" . . "J. ", . \t;~ . 'n'!';. . lr;,:': ~::A l~c'~ @:: , ~~i:'~', ~ < ~,,:":', ~{: ".J:"" .' ~:.: .:.' . , , Proceedings of the Pension Advisory Committee Meeting of October 3, 1990. Page 1 Prescnt: John Nicholson, Chairman Glenn Perry, Member Tom Pudelski, Member H. Michael Laursen, Personnel Director Deborah Lally, Personnel Department Cynthia Climan, Personnel Department Nancy Degner, City Nurse Ray Kaminskas, Police Captain Wayne Sibbert, Police Lieutenant Joseph DeSantis, Police Sergeant Louis Kwall, Attorney for Joseph DeSantis Richard McCrea, Attorney for Joseph DeSantis John Greiner, Survey Party Chief J' "..-.-'-~...,.. ~~ The meeting was called 10 order at 9:32 A.M. John Nicholson gave a coun reporte!' the names of the Committee members and others that were present. Tom Pudelski moved to approve the minutes of the meeting of September 19, 1990. The motion was duly seconded by Glenn Perry and carried unanimously. Secretary Michael Laursen advised the Committee there were no new developments in the status of the procedures. Another meeting with the Walk-In Clinic will be held on October 5, 1990, at 10:00 A.M. They hope to finish the review of the medical standards, at which point they will come to the Committee for approval and then to the Trustees. , 'The Committee considered the request of Joseph DeSantis, Police Sergeant" Police Department, for a job-connected disability. Mr. Nicholson asked Mr. Pudelski if he had an opportunity to review the letter from Dr. Fireman. Captain Kaminskas and Lieutenant Sibbert were present to answer questions concerning Sgt. DeSantis. Both Captain Kaminskas and Lieutenant Sibbert were questioned by the Committee members, as well as by Mr. Kwall and Mr. McCrea, attorneys for Sgt. DeSantis. They answered questions as to the job duties of Sgt. DeSantis and the quality of his work since his return in April, 1989. At the conclusion of the questioning, Mr. Nicholson commented that the letter from Dr. Skotko states that Sgt. DeSantis' condition is a result of his baule with the City of Clearwater. However, Mr. Nicholson stated that in his opinion, Sgt. DeSantis has isolated himself and created the climate of negativity that now exists. Mr. Nicholson stated a Worker's Compensation claim has never been filed which is something else the Committee must consider when making a decision. Mr. Pudelski commented that Dr. Fireman's letter stated that Sgl. DeSantis suffers from social withdrawal, feelings of detachment, etc., which Mr. Pudelski feels arc self-initiated. These things arc not necessarily brought on by the job. Mr~ Perry agreed with Mr. Pudelski's comments but further stated that in most cases there arc outside factors that cause these conditions and he is trying to determine the cause. . ~'1{'''''''~'''\ ' ~"'l~-"lo."~''''''''; .~..., ~.l . : "c. ~ 1rr-"1 . . . . I ~ .. ..'....-yl ...:-; "ll,i'\' ''10 i"l"I ' ,r I ~ ~. .'~r~. " -~ ':":) '.," r , :. . ~ 'j', . ~:,." , .~,<> , ;~: 5!i. :c ; ~.' . ,.'.,' . ' 'I.",' .. .\.:. ,,, " . .: \\ " N:c: . ~~~ l~i ,;,," , , ' ,,- ../~ ~ , ~~:, ~~j ,.. ;H':' . ..,1-.. !E:t. ' w.,.. t~~::..;; " ~~~~~~:: : ' ~,p, ," r.'Z't:;l'... . tj~t;'i" , Ill, ,.' " . ~._t~>,~~~.~.' I Proceedings of the Pension Advisory Committee Meeting of October 3, 1990. Page 2 Mr. Kwall stated that if they read the letters they wB1 see that the doctors feel these things arc all job-connected. Mr. Kwal1 said the Commhtce has established cerlain rules. These requirements have been met; therefore, the members should vote to grant Sge DeSantis a pension despite their personal fcelings. Mr. Kwall stated that the actions and comments of Sgt. DeSantis arc a manifestation of his illness. Mr. KwalJ said the Commiuec cannot dispute the doctors' letters. Mr. Nicholson advised him that according to the ordinance, a disability request is granted when in the opinion of the members the employee is physically or mentally incapacitated. Mr. Kwall stated the members cannot substitute their opinion for competent medical evidence. Mr. Pudolski stated that he did not think any of the members doubt that Sgt. DeSantis suffers from depression; however, they must determine whether or not this is caused by his employment. Mr. Kwall stated that three doctors have said it is work~related. Mr. Pudelski said these doctors reached their conclusions based solely upon conversations with Sgt. DeSantis. Mr. McCrea asked the Committee to identify some evidence that would indicate that Sgt. DeSantis' condition is not job~relatcd. The meeting recessed from 10:30 A.M. to 10:41 A.M. Upon their return. Mr. Nicholson stated for the record that during the break the Committee discussed the difference between a job~connected and a non~job-connectcd disability pension. The issue of continuous service with the City also was discussed. Mr. Nicholson said the ordinance does not make reference to pension participation but continuous service. With the reversal of his termination and its change to a suspension. Sgt. DeSantis would meet the ten~year requirement. Tom Pudelski moved that Joseph DeSantis be granted a non~job~connected disability pension, effective on a date to be determined, based on Sgt. DeSantis' disability that occurred or resulted from off~the~job circumstances which is described as post traumatic stress disorder. said disability making him permanently unable to perform his job, and documented by medical statements of Dr. Vincent P. Skotko, dated June 20. 1990~ Dr. Arturo G. Gonzalez. dated June 21. 1990; and Dr. Alfred Fireman. dated September 18. 1990. The motion was duly seconded by Glenn Perry. Before a vote was taken, Mr. Laursen advised the Committee it was his opmlOn that the members had incorrectly interpreted the ordinance. Employees who arc rejected for high blood pressure and come back several years later to ask for acceptance into the Pension Plan are not given credit for their prior service. This is a similar situation in that Sg\. DeSantis had not paid back the monies he withdrew upon his termination. Mr. Nicholson stated the Committee took this into consideration when making it's decision. However. the Committee felt that in light of the contributions made by the City on behalf of Sgt. DeSantis during the time prior to his termination. he meets the requirement for continuous years of service. Mr. Kwall renewed his earlier comments that there is evidence from three doctors that this is job-connected. Mr. Kwall also asked whether the Pension Advisory Committee comes under the "sunshine law," Mr. Nicholson said he did not know and asked that Mr. Laursen request an opinion from the City Attorney on this question. ' }F':"'.'.."".' ;?'f . ~.. ,. Proceedings of the Pension Advisory Committee Meeting of October 3. 1990. ': ~ The motion was carried unanimously. . .. C"~ ,'I, .;,,"~ ;'. . " ,,' L' , ,!~, .~\~. . The Committee considered the request of John Greiner, Works Department. for 0 job-connected disability pension. acceptable nnd support this request. Page 3 Survey Porty Chief, PubJlc The letters from the doctors arc Olenn Perry moved thllt John Oreiner be granted 0 job-connected disability pension. effective on a dote to be determined, based on Mr. Oreiner's disability that resuhcd from on-the-job circumstances which is described as a back injury. sold disability making him permanently unable to perform his job and documentcd by medical statements of Dr. Patrick J. Loguc, dated July 31, 1990. and Dr. Raben Harris, dated August 14. 1990. Thc motion was duly seconded by Tom Pudelskl and carried unanimously. Thc Committee considered the request of Michael Dnndnneau, Police CommunlcaUons Operator, Police Department, for a job-connected disability pension. Mr. Nicholson stated the doctors are of the opinion that the primary cause of Mr. Dandaneau's disability was his on-the-job injury. Tom Pudelski moved that Michael Dandaneau be granted a job-connected disability pension, effective on a datc to be determined. based on Mr. Dandaneau's disability that resulted from on-the-job circumstances which is described as a back injury. said disability making him permanently unable to perform his job and documented by medical statements of Dr. Ioseph M. Sena. dated March 28. 1990, and August 4. 1990. and Dr. Gene Balis. dated March 13. 1989. and August 29, 1990. The motion was duly seconded by Glenn Perry and carried unanimously. In regard to the request of Deborah Patterson, Meter Reader I, Utilities Finance Division. for a job-connected disability pension. nothing new was received. The meeting recessed from 10:59 A.M. to 11: 17 A.M. Glenn Perry read the name(s) of the following employee(s) to be accepted into membership in , the Pension Plan: >;.',", ,{ , t~.: l :' N" ". i;' .~; L ,- '/" " )~! . . ~;'" ,"r.' ",', i-(, , ~/ ~~:/:' J'.~ ;r;' ' 'r~ , ~}I ..,'<. . R':;,";:"" ".' '., , 1f,::~' , \t, ~t51"i:~< ",' ., . '~.f~'rl~.:';~,:' 1.1\" . , ' Gary Johnson. Police Recruit I Police Scott Dawson. Police Officer Police Donald Griffith. Police Recruit II Police John Cavaliere. Ir.. Police Recruit I Pol ice J. Kevin Insco, Police Recruit I Pol ice Michael Stewart, Police Recruit I Police Paulette Perkins. Victim Assistant Police Michael Stoessel. Police Recruit II Police Michael Kachurik. Police Recruit II Police Harold Stanberry. Jr. Police Recruit I Police Larry Harbert. Police Recruit I Police Thomas Fisherkeller, Police Recruit II Police Richard Ingle. Drafting Technician I Pub. Wks./Eng. Teresa Eturaspe, Asst. Supt. of Solid Waste/Special Services Pub. Wks./San. Date of Employment 9-24-90 9-24-90 9-24-90 9-24-90 9-24-90 9-24-90 10-1-90 9-24-90 9~24-90 10-1-90 9-24-90 9-24-90 9-24-90 10-1-90 Pension Eli~. Date 9-24-90 9-24-90 9-24-90 9-24-90 9w24-90 9-24-90 10-1-90 9-24-90 9-24-90 10-1-90 9-24-90 9-24-90 9-24~90 10-1-90 . .' ' I L " , . " , '.' . , ~' . ,,' "'~ . I""',~ :'..#::, I \'~!T; . ~,..,~. . . C', ' ~- I " ~:!l. ' ~:: i~ '. ~i ";, ~ 1..\, r. . , '. .,~ '<~ Proceedings of the Pension Advisory Committee Meeting of October 3, 1990. Page 4 Olenn Perry moved that the employee(s) listed above be accepted into the Pension . Plan. The motion was duly seconded by Tom Pudelski and carried unanimously. Mr. Nicholson presented to the other members caples of an opinion from the Atlomey Oeneral to the City Attorney of Riviera Beach in response to a question as to whether or not a member of the Civil Service Board could be appointed as a trustee of the pension plan. The opinion states tbat this' is violation of the dual officeholding provIsion of the FlorIda State Constitution. Mr. Nicholson would like 11 cOPY' of this sent to the Trustees and the City Attorney for their information. . ~~J .: " Tom Pudelski moved that the meeting be adjourned. The motion was duly seconded by John, Nicholson and carried unanimously. The meeting adjourned at 11:23 A.M. Re,spectfully submitted. ".~c1ttJ{; ~ 'H. Michael Laursen Personnel Director and Sec~etafy,' Pension Advisory Committee , c, ~. ! . " , \ ,','1, l' '.