Loading...
11/07/1990 Proceedings of the Pension Advisory Committee Meeting of November 7. t 990. Page I Present: John Nicholson. Chairman Tom Pudclski. Member Fred Starzinger. Member Jeff Harper. Assistant Personnel Director Deborah Lally t Personnel Department Cynthia Climan. Personnel Department Nancy Degner, City Nurse Miles Lance. Assistant City Attorney Glenn Perry. Parks & Recreation 8111 Sizemore. Esq. Joseph Pidala, Assistant l;'ire Chief Joseph DeSantis, Police ~ergeant Louis Kwall. Esq.. Attorney for Sgt. DeSantis Richard McCrea. Esq.. Attorney for Sgl. DeSantis Gle~da DeSantis Mark Cot6 / / / ./'- " ~.r/..~ \, .1' The meeting was called to order at 9:32' A.M. The Committee members welcomed Fred Starzinger as the new member. , Tom Pudelski nominated John Nicholson as Chairman for the next year. The nomination was seconded by Fred Starzinger. and Mr. Nicholson was selected by a unanimous vote. Tom Pudelski moved to approve the minutes of the meeting of October 17. 1990. The motion was duly seconded by Fred Starzinger and carried unanimously. With respect to the job.connected disability request of Joseph DeSantis, Police Sergeant, Police Department. the Committee received several memos from Michael Laursen, Personnel Director. and Miles Lance. Assistant City Attorney. These memos referred. to the Committee's violation of, tbe "sunshine" law when it was, considering Sgt. DeSantisl request for pension. Due to the determination that the Committee's previous action was null and void. the Committee must decide, this matter 'again. Louis Kwall, attorney for Sgt.' DeSantis. stated the Committee should put on the record the issues it discussed when behind closed doors. Mr. Kwall advised the Committee that in light of the new 'member recently being elected to the Committee. he would be willing to present any evidence , ' ;,' necessary fOf" the members to make a decision. ... ...'1... ' iI(,;, Mr. Nicholson apologized to all parties affected by the Committee's previous action. Mr. 'Kwall . :w.::~,.. ::.ep~::ho:::n a::::~. for the reco rd that lhe members had discussed Sgt. DcSanti s' d isab ility and 'f~}' , all a'greed that there was a disability. The only disagreement among the members was whether ~;:':::: :. or not this was job-connected. Mr. Nicholson updated Mr. Starzinger on the history of this ~{:~.;<,' ,case. Mr. Nicholson stated the Committee granted Sgt. DeSantis a non.job-connected disability !!:,(~,:,: 'with the hope that the Pension Trustees would grant this pension based on the contributions 'i~~;O ,made by the City on Sgt. DeSantis' behalf fOf the period of time his monies had been removed ":;\::, . .. from the Pension, Fund. This was done in another instance for an employee who had been ~~I;:. ' , :Jtt . d.~~:)'~-'~ !" : . , j~~1~~\':..' . . ,0<;". ,. ., : ~ . f i Proceedings of the Pension Advisory Committee Meeting of November 7, 1990. Page 2 \,'~ " ,:',' ,." I, terminated and reinstated after an arbitration award. Since making this decision, it has come to the attention of the Committee that it may not be possible for the Trustees to grant such a pension. Mr. Kwall requested a copy of this opinion and was given one. Mr. Nicholson slaled it was his opinion that the Committee could vote on this today; however, since this was Mr. Starzinger's first meeting. it would not be Cair to do so without allowing him the opportunity to review the documents on this case. The next meeting will be held on November 21, 1990. i,' . , 4L,' " ' , ',.1 Mr. Kwall asked what documents the Committee is considering and what have been turned over to Mr. Starzinger. Mr. Nicholson said the Committee is reviewing everything it has received in this matter. Mr. Kwall stated that he will ask on the record exactly what documents were considered by the Committee in reaching its decision. Mr. KwaU stated that it was his impression that the Committee members feel that Sgt. DeSantis' problems are centered around his doing the work of a civilian. In light of this, Mr. Kwall asked Sgt. DeSantis to make a list of things that he felt led to his problem. Mr. Kwall presented the Committee members with a copy of a document from Sgt. DeSantis that contained 27 items. Mr. Kwall also stated he could not criticize the Committee for continuing this matter until another time to allow Mr. Starzinger an opportunity to review the materials. Mr. Nicholson advised Mr. Kwall that he has not reviewed any documents other than those submitted by Mr. Kwall or the Personnel Department. He also mentioned the case of Steve Zimmerman who was terminated and later reinstated and given credit for his past pension service even though he did not repay his monies. ,Mr. Nicholson stated this was one of the instances that sway~d his opinion. Mr. Perry stated on the record that he turned over to Mr. Starzinger all the documents he had received since becoming a member of the Pension Advisory Committee. Mr. Pudelski stated that since Mr. Starzinger was just presented with the material on all the pending pension requests. the Committee should make no decision on any of them until the meeting of November 21. 1990. This would include Deborah Patterson. Mark Cote. and Salvatore Presti. The Committee considered the request from Mark Cot~t Maintenance Worker II, Parks & Recreation Department. for a job-connected disability pension. Letters from his doctors have been received. Mr. Nicholson explained the Committee's process to Mr. Cote. He asked if Mr. Cot~ had reached MMI and was advised that he had. ' Mr Cote has resigned as of September 12. 1990. Mr. Slarzinger asked if was customary to resign while a pension request is pending. Cindy Climan advised him that it is not necessary to resign in order to apply for pension; however. in the case of Mr. Cotc, he resigned as purt of an agreement made with Risk Management. Mr. Nicholson advised Mr. Cote that the only problem the Committee may have is with the letters from his doctors not being specific enough. In this event, the Committee would require new letters and also may ask for a third opinion. i',:,~ :~~ r" ~ ,'~, " ,; :, ~':,' :hp. '" ~:, f.>, ii;i.. 'I "', .~. l .1('-':" ~,i). " i ~~ . .~:~. . ~~,:' '::::~" ,,' , r ! I Proceedings of the Pcnsion Advisory Committee Meeting of November 7. 1990. Page 3 In regard to the request' of Deborah Patterson, Meter Render I, Utilities Flnunce Division. for a job~connected disability pension. a new leller was received at the Inst meeting so she now has two letters. The meeting recessed from 10:07 A.M. to 10:10 A.M. Mr. Nicholson advised Mr. Starzinger as to what information the lellers from doctors must contain. Ms. Patterson's case will be discussed at the next meeting. The Committee considered the request of Salvatore Presti, Fire Lieutenant, Fire Department. for a job~connected disability pension. The letters from Mr. Presti's doctors arc okay. This will be discussed at the next meeting. The Committee members discussed the draft of the medical standards which was presented to them. Jeff Harper. Assistant Personnel Director. advised the Committee that if the members would like to meet with Dr. Dickey from the Walk-In Clinic to discuss the standards. Mr. Laursen would arrange it. Mr. Pudelski stated that due to the importance and effect these standards will have on future hires, he would like to put off any discussion until such time as representatives from all the unions have had an opportunity to review them. Mr. Nicholson suggested the union representatives be invited to attend the meeting on November 21. 1990. Mr. Starzinger suggested they be allowed more time to review them since they arc very lengthy. Mr. Nicholson said he would not be at the meeting on December 19th. Mr. Nicholson suggested they be asked to attend the meeting on January 2, 1991. Joseph Pidala, Assistant Fire Chief. was in attendance at the meeting to hear what was discussed concerning the medical standards. He said the Fire Department had some questions which have since been cleared up. No reply was received from the Trustees or the City Attorney regarding the opinion from the Attorney, General which was sent to them at the request of Mr. Nicholson. Mr. Nicholson addressed a memo from Mr. Laursen to Debbie Bailey, Payroll Services Manager. advising her that a fonner employee who had vested his pension and is ready to receive it now is entitled to the minimum pension benefit of $300.00 rather than the $190.00 he would have been', receiving. Mr. Nicholson apologized for the length of time it took to hold the election. He stated he did not receive bis ballot until it was too late to vote. Mr. Pudelski stated he had to come to City Hall to piek his up since it was not forwarded to his new address. Mr. Nicholson stated the election will be on the agenda for the meeting of January 2nd and asked that Cyndie Goudeau, City Clerk, be invited to attend that meeting. Mr. Perry asked why no union endorsements were permitted on the flyers sent out by the candidates and how this can be changed. Mr. Pudelski suggested this be discussed at the meeting on January 2nd. The meeting recessed from 10:30 A.M. to 10:37 A.M. Proceedings of the Pension Advisory Committee Meeting of November 7. 1990. Page 4 , , ! Tom Pudelskl read the name(s) of the following employee(s) to be accepted Into membership in the Pension Plan: Date of Employment Kevin Garriott. Code Analyst Cynthia' Jones, Data Proc. Asst. Deena Wyman, Staff Assistant I 'Ethel Rayburn, Staff Assistant II James Trueblood, Sanitation Worker Planning & Dev. DOASIDIS Police DOAS/Risk Mgmt. Pub. Wks./San. 10-29-90 10-8-90 11-S-90 II-S-90 10-8-90 Pension EBi. Date 10-29-90 10-8-90 I1-S-90 l1-S-90 10-8-90 Tom Pudelski moved that the employee(s) listed above be accepted into the Pension Plan. The motion, was duly seconded by Fred S~arzinger and carried unanimously. Fred Starzinger moved that the meeting be adjourned. The motion was duly seconded by Tom Pudelski and carried unanimously. The meeting adjourned at 10:40 A.M. Respectfully submitted, ,: '\ . , I d,~ I