03/21/1996 (2)
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PAC
Pension Advisory Committee
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Minutes
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Date
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Absent:
Richard Breest
Committee Member
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PENSION ADVISORY COMMITTEE SPECIAL MEETING
CITY OF CLEARWATER
March 21, 1996
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Pat Greer
Pat Shepler
Empty Seat
Leslie Dougall-Sides
Michael Laursen
Jon Marcin
Patricia O. Sullivan
Acting Chair/Mayor
Committee Member/Commissioner
Committee Member/Commissioner
Committee Member
Committee Member
Committee Member
Assistant City Attorney
Human Resources Director
Risk Management Specialist
Board Reporter
The Acting Chair called the meeting to order at 9:00 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #2 - Consideration of Non Job-Connected Disabilitv Pension reauest
.:~) David L. Ford - Spray Technician. Parks & Recreation Department
Human Resources Director Mike Laursen said the consensus of the PAC (Pension
Advisory Committee) at their last meeting was if the Committee approves a non job-
connected disability pension, Mr. Ford will be allowed to submit further information in the
future to support a job-connection relationship to his disability. Members discussed various
views regarding Mr. Fordts supporting documentation. A reference was made to a letter
from J. Wayne Phillips. M.D., which indicates Mr. Fordts condition may be viral oriented.
It was suggested a 1992 allergic reaction to a commercial insect repellent may have hinted
at Mr. Fordts sensitivity to chemicals. It was noted Mr. Ford was treated in 1994 for on-
the-job chemical exposure to Oursban. Dr. Steven Smith's March 12, 1996, letter '
reported Mr. Ford has chronic chemical bronchitis. One member suggested Mr. Ford's
condition may be job-related and chemicals could have exacerbated the problem but may
not be the cause. It was suggested many current safety practices observed today may not
always have been followed in the past.
Zan Barbara, attorney for Mr. Ford, expressed concern Mr. Ford retain his right to
qualify for a job-connected disability. For the City, Mr. Laursen endorsed the view being
discussed by the PAC that if a non job-connected disability is approved, Mr. Ford can start
receiving pension benefits while he continues to seek information to support a job-
connected disability. It was noted the PAC does not have enough information to establish
a job~connection at this time. ~r. Laursen reminded the PAC that Risk Management will
request Mr. Ford undorgo an IME (Independent Medical Examination). In answer to a
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question, Mr. Laursen said if the disability is granted as a non job-related pension and is
later upgraded, Mr. Ford would receive the difference in benefits from day one.
Member Clark moved that David L. Ford be granted a non-job~connected disability
pension effective on a date to be determined based on Mr. Fordls disability that resulted
from off-the-job circumstances which are described as cardiomyopathy and chronic
chemical bronchitis which has made him permanently unable to perform his job and
documented by the medical statements of Steven W. Smith, M.D. and Peter J. Berman
M.D. and that this action in no way impedes Mr. Ford's ability to submit additional
information and the PAC to reconsider a job-connection for this disability in the future.
The motion was duly seconded and carried unanimously.
ITEM #3 - AODointment of Seventh PAC Member
Three Clearwater residents have been nominated for the seventh seat: 1) Ed Bryan;
2) Bob Burwell; and 3) Dick Fitzgerald. Assistant City Attorney Leslie Dougall-Sides
indicated rules state the seventh seat is chosen by six members. Mr. Laursen reported
Member Breest had submitted a letter indicating his choice should a vote be taken. Ms.
Dougall-Sides advised that proxy votes are not appropriate and cannot be considered.
Member Johnson withdrew his nomination of Ed Bryan.
Member Johnson moved to appoint Bob Burwell to the seventh seat. There was no
second.
Member Clark moved to appoint Dick Fitzgerald to the seventh seat of the Pension
Advisory Committee. The motion was duly seconded and carried unanimously.
This action was based on the understanding that Member Breest should cast his
vote at the next meeting to comply with the provision that the seventh member be
selected by the other six. Mr. Laursen reported Member Breest's letter indicated he
concurred with the vote. Mr. Fitzgerald will be invited to the next PAC meeting.
Due to schedule conflicts on April 11, 1996, the next meeting was scheduled for
April 16, 1996 at 9:00 a.m.
ITEM #6 - Adiournment
The meeting adjourned at 9:35 a.m.
Acting Chair
Pension Advisory Committee
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