03/13/1997 (2)
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PAC.
Pension Advisory Committee
Minutes
Date
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PENSION ADVISORY COMMITTEE
CITY OF CLEARWATER
March 13, 1997
Present:
Rita Garvey
J. B. Johnson
Richard Breest
Robert Clark
Pat Greer
Dick Fitzgerald
Pat Shepler
Leslie Dougall-Sides
Michael Laursen
Debbie Ford
Patricia O. Sullivan
Chair/Mayor
Vice Chair/Commissioner
Committee Member
Committee Member/Commissioner
Com~ittee Member
Committee Member
Committee Member
Assistant City Attorney
Human Resources Director
Human Resources Technician
Board Reporter
The Chair called the meeting to order at 9:00 a.m. at the City Offices (Old Chamber
of Commerce Building).
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #2 - Approval of Minutes
,.:)
Member Johnson moved to approve the minutes of the regular meeting of February
13, 1997, as recorded and submitted in written summation to each Member. The motion
was duly seconded and carried unanimously.
ITEM #3 - Employees to be Heard - None.
ITEM #4 - Action Items
a.) Review and Action on Employee Requests for Years of Service Pension
1) Wayne Sibbert - Police Lieutenant, Police Department ~ hazardous duty provision
Member Johnson moved to approve a Years of Service Pension for Wayne Sibbert.
The motion was duly seconded and carried unanimously.
b) Approval of New Hires as Pension Plan Members
. Human Resources Director Mike Laursen said he had reviewed all physician
recommendations and reported all listed new hires meet Pension Plan criteria.
Member Fitzgerald moved to accept the following employees into membership in the
Pension Plan:
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Date of '
Employment
Pension
Elig. Date.
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Anthony S. Nellis, Maint. Worker f
Robert C. Chilcote, Welder
Juan Butler, GIS Technician
Carol Boteler, GIS Technician
Solid Waste Department 02/17197
Solid Waste Department 02/03/97
Information Management02/18/97
Police Department 02/18/97
02/17/97
02/03/97
02/18/97
02/1 B/97
In response to a question, Human Resources Director Mark Laursen stated
membership is approved retroactively to the eligibility date.
The motion was duly seconded carried unanimously.
c) Review and Action on Employee Request fOT Vesting Pension
1) Daniel F. Freeman - Fire Fighter, Fire Department
Daniel F. Freeman, who entered the Pension Plan on January 7, 19BO, and resigned
from the City on March 1, 1997, applied for a Vested Rights Pension and requested
receiving a reduced pension beginning February 1, 2000.
Mr. Laursen reported the Legal Department is analyzing old legal opinions regarding
current policy that permits vested hazardous duty employees to collect benefits after 20
years even though they worked less than 20 years. Staff is comparing the legal opinions
with current language in the Plan. This practice was last reviewed in 1 978. An estimate
of the actuarial effect of this policy on the Pension Plan was requested.
ITEM #5 - Pending/New Business
a) Presentation of Request re Pension of Jeffrey A. Renner
Mr. Laursen said Patricia Renner had faxed her request to address the PAC (Pension
Advisory Committee~ but provided no background information.
Ms. Renner distributed information packets. She said her husband, Jeffrey Renner,
had worked for the Fire Department for 19 Y:z years. She said he became a driver after a
1980 work-related back injury impaired his ability to continue his paramedic duties. She
said he also was injured in 1987. She said he suffered chest pains and arthritis in recent
! years. She said he had a difficult time functioning at work in June 1996 and scheduled an
appointment with PPS (Professional Psychological Services), the City's mental health
provider, on July 23, 1996. She said July 30, 1997, was the first available appointment.
She said Mr. Renner took vacation time until July 28, 1996. She said he returned to work
on July 29, 1996, and answered 14 calls in 12 hours. She said Mr. Renner attempted
suicide at work on July 30, 1 996. She said he then took a leave of absence and took his
life one week later. She requested the PAC determine Mr. Renner's death to be in the line
of duty.
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Mr. Watson said no evidence suggests Mr. Renner suffered significant stress away
from the job. He said Mr. and Ms. Renner had a good relationship, Mr. Renner was
involved in an active lifestyle, and did not withdraw from social situations and groups away
from work. He said Mr. Renner was a loner at work and would not eat meals or joke with
other firefighters. Mr. Harper felt the PAC should not be consider if Mr. Renner suffered a
disability but should determine the suicide was job-related. Ms. Dougall-Sides, noted a
formal process exists. She said this presentation cannot be construed as a hearing
regarding a death benefit as sufficient notice was not given and Human Resources did not
have an opportunity to respond. She said the process can begin only after a disability
application is filed with Human Resources.
~
Bruce Harper. representative for Ms. Renner, introduced Jim Watson, a certified
rehabilitation counselor, and requested Mr. Renner's Pension benefits be based on
termination by reason of death in the line of duty. Mr. Watson said after Mr. Renner
attempted suicide at work on July 30, 1996, he availed himself to the City's mental health
program. He said Mr. Renner met with a psychiatrist once and was scheduled the
following day to check into Charter Hospital. Mr. Renner committed suicide at home.
Mr. Watson reviewed his professional background. He said stress is a major factor
related to every injury. He said after interviewing Ms. Renner, he determined Mr. Renner
had no abnormal stress related to health, finances, or significant family circumstances. He
said stresses in Mr. Renner's life were related to his job in the Fire Department. He said
Mr. Renner had been experiencing chest pains and cardiac calls were especially stressful
for him as he feared he may be placing fellow firefighters at risk. He said Mr. Renner also
suffered from stress related skin rashes. He said Mr. Renner received inadequate care after
his first suicide attempt. He said the location of Mr. Renner's suicide ;s not relevant to its
,
cause.
In response to a question, Mr. Laursen said procedure established for disability
pension requests includes a formal hearing after submission of the application forms and
satisfactory completion of Legal Department interrogatories. It was suggested PAC
members view a video regarding stress. Assistant City Attorney Leslie Dougall-Sides
recommended PAC members not present documentation regarding requests to the board.
Member Shepler agreed he is sensitive to issues related to Mr. Renner and indicated
he would defer to board opinion regarding a need for him to recuse himself from future
discussion. He recommended each PAC member view his video tape on stress.
In response to a question regarding Ms. Renner's claim, Ms. Dougall-Sides said a
death benefit already is being paid. She recommended Ms. Renner apply for a disability
benefit. Mr. Laursen reviewed Pension benefits. Ms. Dougall-Sides suggested Ms. Renner
had requested the PAC to determine today that Mr. Renner was disabled in the line of duty.
She said after application is made and interrogatories are satisfactorily answered, a hearing
before the PAC can be scheduled.
b) Discussion of new Fire Department job classes relative to issue of Hazardous Duty
Designation - Assistant Training Chief and Assistant Fire Marshall
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Commissioner Hooper said promotional opportunities in the Fire Department have
been limited. Chief Davidson reported 12 years ago, it was determined Life Hazard Safety
positions no longer required State firefighter certification. He noted 4 civilian employees
currently work in Life Hazard Safety positions. In response to a question, he said
certification takes approximately 8 months and requires sponsorship to the fire academy.
Commissioner Hooper expressed concern no internal qualified candidates will apply to be
Assistant Fire Marshal if the position is not designated as hazardous duty. It was noted the
Assistant Fire Marshal will assist investigations to determine fire origins. When arson is
suspected, the Police Department steps in to investigate possible criminal activity. Mr.
Laursen said the hazardous duty designation must be attached to the position, not to the
candidate. It was noted if a non-certified candidate is hired according to recommended
requirements, the City would have to pay for the employee to attend school for 8 months
to obtain certification. The State does not recognize the national registry of certified
firefighters. It was suggested the term II Assistant" may need further consideration. It was
recommended the position provide a promotional opportunity for certified firefighters
without forcing candidates to give up their hazardous duty designation. Mr. Laursen will
present the PAC with a recommendation from the City Manager's office.
(~ Fire Chief Robert Davidson distributed job descriptions of the Assistant Fire Marshal
and Assistant Fire Training Chief positions. The changes are a result of department
reengineering. He requested direction from the PAC regarding whether or not these
positions should be designated as hazardous duty. The Assistant Fire Training Chief
position is new. Responsibilities will include training, administering training records,
performing fire suppression duties as needed, etc. As proposed, the position will require
certification as a Florida State Certified Firefighter within one year of employment. In
response to a question, he said qualified out-of-state candidates may not hold State
certification.
A firefighter position will be reclassified to Assistant Fire Marshall and the number
of on-duty firefighters per shift will decrease from 50 to 49. The position will act as an
assistant emergency manager and be second in command. He said certification may not be
necessary for this position as it focuses on fire prevention and emergency management.
Based on the current position description, civilian employees qualify and compete for Life
Hazard Safety positions. The Assistant Fire Marshall position description was written to
attract the largest number of qualified candidates.
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In response to a question, Chief Davidson said the Fire Marshall and Fire Training
Chiefs are Florida Certified Firefighters. It was recommended the Assistant Fire Marshal
position should require the same certification. It was suggested language in the Assistant
Fire Training Chief state the position "fills in as Fire Training Chief as needed." It was felt
the assistant should be fully capable of stepping into the leadership positions. In response
to a question, Chief Davidson said language regarding City Manager policies is standard for
all SAMP positions.
Member Johnson moved to continue Item #5b. The motion was duly seconded and
carried unanimously.
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The meeting adjourned at 10:41 a.m.
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, Concern was expressed hazardous employees who have served more than 10 years
and experience stress cannot transfer to less stressful positions without sacrificing their
hazardous duty designation.
ITEM #7 - Director1s Reports
Concern was expressed that staff communicate with retiring employees and clearly
indicate when pension checks are first issued. Pension checks are distributed one month
after retirements are finalized.
In response to a question, Mr. Laursen said changing the number of months required
for retirement has not been considered. It is a rumor.
It was recommended the election process begin so it is handled in a timely manner.
Mr. Laursen will contact the City Clerk Department regarding this issue.
ITEM #8 - Adjournment
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Chair
Pension Advisory Committee
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