03/26/1999
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PENSION
(TRUSTEES) .
,Board of Trustees of the Employees' .
Pension Fund
Minutes
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PENSION ADVISORY COMMITTEE & PENSION TRUSTEES JOINT MEETING
CITY OF CLEARWATER
March 26, 1999
Present: Brian Aungst
J. B. Johnson
Robert Clark
Ed Hooper
Pat Greer
Pat Shepler
Mayor/Pension Trustee/PAC Member
Pension Trustee/PAC Vice Chair - arrived 10:37 a.m.
Pension Trustee
Pension Trustee
PAC Member
PAC Member - arrived 10:22 a.m.
Absent: Ed Hart
Dick Fitzgerald
John Scacca
Pension Trustee/PAC Member
PAC Member
PAC Member
Also Present: Pam Akin
Margie Simmons
Patricia O. Sullivan
City Attorney
Financial Services Administrator
Board Reporter
The Mayor called the .Pension Trustees meeting to order at 10: 15 a.m. at City Hall.
The Pension Advisory Committee Vice Chair called the Pension Advisory Committee
meeting to order at 10:49 a.m. at City Hall after a quorum was reached.
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< ITEM #1 - Presentations
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Christiansen & Dehner, P.A.
H. Lee Dehner, President of Chritiansen and Dehner, P.A., reviewed his firm and
staff's background, experience, philosophy, and presumed responsibilities. He said the firm
also would represent the Board of Trustees and Pension Advisory Committee (PACI in legal
matters. He stated the firm has never had a client sued during its 20~year history.
In response to a question, Mr. Dehner said he had worked with the City previously
on a State compliance issue. He said the employee union originally had retained his firm,
though he said his firm does not handle labor law. He said his firm had declined to draft
the current Pension Plan out of concern of a potential conflict of interest.
Mr. Dehmer reviewed impacts of tha new law related to firefighter and police officer
pensions and reviewed minor concerns he has with the current plan. In response to a
question, he said incremental increases would be incorporated into the general pension
fund, not the supplemental plans, to support recent changes in the law. In response to a
question, he said the Pension Plan could be amended to allow options such as a drop plan.
He reviewed his firm's fees, indicating the firm rarely charges for research. He and his
partner, Scott Christiansen, would represent the PAC and Pension Trustees,
interchangeably.
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Cveen & Cveen
Stephen H. Cypen, of Cypen & Cypen, reviewed his and his firm's background and
experience. He said his firm does not represent other interests such as unions or employee
groups. He distributed copies of his firm's newsletter including a supplement reviewing the
new law. The newsletter is available on the firm's Internet site, which includes a search
engine to locate archived information. His firm quoted an hourly rate, as it was unable to
identify time requirements. He can arrive from Miami in Tampa by 8:00 a.m., and
estimated his travel time at 2 hours in each direction. He noted the importance of minutes
accuracy. He suggested conference calls to save money.
In response to a question, Mr. Cypen said out of pocket costs are charged at their
actual rates. The firm accepts incoming calls toll free but charges for long distance calls,
plane tickets, and outgoing faxes, at a rate of $15 - $20 per transmission. He said he
could determine a flat rate within a year. It was suggested it may not be necessary for the
board attorney to attend meetings that do not address special issues. To avoid potential
problems, Mr. Cypen recommended the board attorney attend all meetings, at teast via.
conference call.
Kalish & Ward
Alton Ward, of Kalish & Ward, reviewed the background of his firm and staff, noting
the firm represents the private and public sectors. The firm employs seven full~time
pension attorneys. The firm does not handle litigation but would work closely with City
attorneys on all litigation issues. He said the firm charges an hourly rate.
Kelley Bosecker, of Kalish & Ward, is the firm's partner who has been handling the
City's account. Hourly rates can be discounted, depending on volume. Ms. Bosecker
reviewed her background, including her legislative efforts. She said Kalish & Ward had
prepared the draft for the current Pension Plan and reviewed her background working with
the City Attorney. She said the firm has up to date technologies. In response to a
question, she said travel time charges can be negotiated.
ITEM #2 - Discussion
Concern was expressed regarding problems related to the Pension Plan document
prepared by Kalish & Ward. Disappointment was expressed Kalish & Ward does not handle
litigation. A review of out of pocket expenses charged by each firm was requested.
Copies of firm references were requested. In response to a question, the City Attorney
said she can forward any Trustee questions to the applicants.
PAC Member Shepler moved to recommend the Pension Trustees appoint the firm of
, Christiansen & Dehner, P.A., as attorney to the Pension Advisory Committee and the
Pension Trustee Board. The motion was duly seconded and carried unanimously.
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"Pension Trust'ee Hooper moved to accept the proposals, to provide a tape of the
. meeting to. Pension Trustee/PAC member Hart for review, and to consider the PAC's
, 'recomm'endation at the April 12,1999, Pension Trustees meeting. The motion' was duly
, seconded and carried unanimously.
ITEM #3 . Adiournment
The Pension Advisory Committee meeting and Pension Trustees meetirg ~djourned
at 11 :25, a.m. .
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