11/01/1995 (2)
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PAC
, ,Pension Advisory Committee
Minutes
. Date
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PENSION ADVISORY COMMITTEE
CITY OF CLEARWATER
November 1, 1995
Present:
Edwin Hooper
Richard Breest
Fred Ratley
Leslie Dougall-Sides
Jon Marcin
Jackie Kline
Patricia 0, Sullivan
Chair
Committee Member
Committee Member
Assistant City Attorney
Risk Management Specialist
Temporary Staff Assistant 1/1
Board Reporter
Absent:
Michael Laursen
Human Resources Director
The Chair called the meeting to order at 9:45 a,m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #2 - ADDroval of Minutes
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Member Breest moved to approve the minutes of the regular meeting of October
18, 1995, as recorded and submitted in written summation to each member. The motion
was duly seconded and carried unanimously.
ITEM #3 - Old Business
a) Light Duty Policy (Cont'd)
b) Timothy DeBord - Firefighter - Fire Department - Job-connected Disability Pension -
Pension approved at October 18, 1995 meeting,
The meeting recessed from 10:06 to 10:22 a.m,
c) Gary Milarck - Marine Facility Operator, Marine Department - Job-connected Disability
Pension - Chair Hooper moved that Gary Milarck be granted a job-connected disability
pension effective on a date to be determined based on Mr, Milarck's disability that resulted
from on-the-job circumstances which are described as spinal bUlging and lumbar and sacra
spinal injuries which has made him permanently unable to perform his job and documented
by the medical statements of Robert D. Gruber, D.O.; R.W. Springstead, M.D,; Mark
Monical, M.D,; and Richard F. Lyster, M.D.; an MRI report submitted by Lawrence R,
Muraff, M.D.; and supporting documentation from Rick Argall, D,C. The motion was duly
seconded and carried unanimously.
d) William Matlin - Mechanic II, Fleet Maintenance - Job-connected Disability Pension - Not
present - Case pending,
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h) Robert Batten ~ Equipment Operator III, Public Works Department - Job-connected
Disability Pension - Not present - Chair Hooper moved to have Human Resources
schedule an IME for Mr. Batten, The motion was duly seconded and carried
unanimously,
J
e) Linda Traub ~ Container Maintenance Worker, Solid Waste Department ~ Job-
connected Disability Pension - Chair Hooper moved that Linda Traub be granted a job-
connected disability pension effective on a date to be determined based on Ms.
Traub.s disability that resulted from on-the-job circumstances which are described as
knee and lower extremity trauma and reconstruction which has made her permanently
unable to perform her job and documented by the medical statements of J. Sudler
Hood, M.D.; Lawrence M. Gnage, M.D,; and Elizabeth C, Sirna, M,D. The motion was
duly seconded and carried unanimously.
f) Cora Bennett, widow of Ernest Bennett -Solid Waste Worker, Solid Waste
Department - Survivor.s Pension n Not present - Case pending.
g) Leo Thompson ~ Spray Technician, Parks & Recreation Department - Job-connected
Disability Pension ~ Not present - Case pending.
i) Gary Lutman ~ Mechanic II, Fleet Maintenance Division, General Services Department
~ Job-connected Disability Pension - Pension approved at October 18, 1995 meeting.
(~ j) Willie Frazier ~ Equipment Operator III, Parks & Recreation Department - Non-job-
connected Disability Pension ~ Chair Hooper moved that Willie Frazier be granted a nonw
job~connected disability pension effective on a date to be determined based on Mr,
Frazier.s disability that resulted from off-the-job circumstances which are described as
lung cancer and the removal of a lung which has made him permanently unable to
perform his job and documented by the medical statements of Owen Linder M,D. and
Reesa M. McDonald, M.D, The motion was duly seconded and carried unanimously.
The meeting recessed from 10:25 to 10:43 a.m.
k) David Bossard ~ Firefighter, Fire Department - Job-connected Disability Pension ~
Chair Hooper moved that David Bossard be granted a job-connected disability pension
effective on a date to be determined based on Mr, Bossard.s disability that resulted
from on-the-job circumstances which are described as a herniated disk at C5 -6 with
impingement on the spinal cord which has made him permanently unable to perform his
job and documented by the medical statements of Rosario A. Musella, M,D,; H.
Bushnell Clarke, M.D.; Gary G, Moskovitz, M.D.; Michael J. Andriola, M,D,; and Luis
Figueroa, M,D. The motion was duly seconded and carried unanimously,
ITEM #4 - New Business
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Chair Hooper stated a newspaper reporter had requested disability pension
packets with medical data attached, specifically relating to the Fire and Police
Departments. He questioned if medical records are considered public information,
Assistant City Attorney Leslie Dougall-Sides said the reporter was referred to the City
Clerk Department to review the Committee's agenda packets, which are public
records. If the reporter requests additional information, records wiJI be reviewed to
determine if information contained in other City files is public record. Chair Hooper
referred to a previous opinion rendered by the City Attorney's office indicating records,
medical letters, and documentation submitted to the Pension Advisory Committee
(PAC) would remain confidential and not fall under the public records act. Ms, Dougall-
Sides indicated the document employees sign to release medical information to the
PAC, only addresses the release of these records to the City. Whether those records
are public or not depends on State statute. In her opinion, not all medical records are
public record. She suggested staff may need to review each paper in a file to
determine its status,
Chair Hooper requested an opinion from the City Attorney's office regarding this
matter and expressed concern about the release of medical records. If a request is
made to review Human Resources or Payroll records, the City Attorney's office will be
contacted for assistance in reviewing records to determine which information is
confidential. Ms. Dougall-Sides plans to review the records before they are released.
Debbie Bailey, Payroll Services Manager, said no records had been released but
indicated the reporter wanted to review the files today, The reporter had requested
information regarding representing attorneys, medical records, and treating physicians,
Information for the past five years is available in the City Clerk Department while
earlier records fill thick files. It is difficult to determine which file documents were
presented to the PAC and are considered public record. The Chair expressed concern
regarding possible lawsuits filed by pension recipients because confidential information
is released. He recommended against releasing any information until this issue is
researched thoroughly.
Chair Hooper moved that the Pension Advisory Committee take the position that
any medical information supplied to the Committee in their packets, until proven
otherwise, will be considered confidential and not subject to public review. The motion
,
was duly seconded and carried unanimously.
The meeting recessed from 10:54 to 11 :09 a.m.
Change in meeting schedule
Chair Hooper reported the November 22, 1995, meeting has been rescheduled
for Wednesday, November 8. 1996, at 9:30 a.m. in a location to be determined,
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ITEM #5 . ADoroval of New Members
Chair Hooper moved to accept the following employees into membership in the
Pension Plan:
Judy Martin
Lois Norman
Library Assistant
Staff Assistant I
Library
Police Department
Date of
EmDlovment
'10/30/95
10/30/95
Pension
Elig Date,
10/30/95
10/30/95
The motion was duly seconded and carried unanimously.
ITEM #6 - Adiournment
The meeting adjourned at 11:12 a.m. 10 ~
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Chair ~
Pension Advisory Committee
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