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Pe~sion Advisory Committee,
,Minutes
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PENSION ADVISORY COMMITTEE MEETING
CITY OF CLEARWATER
February 11, 1999
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Dick Fitzgerald
Pat Shepler
Pat Greer
John Scacca
Chair/Mayor
Vice Chair/Commissioner
Committee Member/Commissioner
Committee Member
Committee Member
Committee Member
Committee Member
Also Present:
Leslie Dougall-Sides
Debbie Ford
Patricia O. Sullivan
Assistant City Attorney
Administrative Analyst
Board Reporter
The 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 - Approval of Minutes
Member Johnson moved to approve the minutes of the regular meeting of January
14, 1999, rlS recorded and submitted in written summation to each board member. The
, motion was duly seconded and carried unanimously.
ITEM #3 - Emolovees to be Heard - None.
ITEM #4 - Action Items
a) Review and Action on Employee Requests for Years of Service Pensions:
1 . Peter C. St. Martin - Firefighter, Fire Department
2. Alton W. Brown, Jr. - Driver/Operator, Fire Department
3. Steven S. Kelly - Building Construc"tion Inspector, Planning & Development Services
4. John M. Downs - Firefighter/Driver Operator, Fire Department
Member Fitzgerald moved to approve Years of Service Pensions for Peter C. St.,
Martin, Alton W. Brown, Jr., Steven S. Kelly, and John M. Downs. The motion was duly
seconded and carried unanimously.
b) Approval of New Hires as Pension Plan Members
mpac0299
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02/11/99
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As of February 4, 1999, the City has 1,637.9 FTEs and 1,735.5 budgeted
positions. Yvette Poisson, originally hired part~time on March 2, 1998, was changed to
full~tlme on January 2, 1999.
Member Greer moved to accept the following employees into membership in the
Pension Plan:
Date of Pension
Emolovment Elia. Date
Yvette Poisson, Human Resources Tech.
Ami Dicataldo, Customer Service Rep.
Jean M. Peeke, Customer Service Rep.
Jason Barlet, Meter Reader I
Miglena Moseley, Sys. Analyst/Progrmr II
Erin Driscoll, Customer Service Rep.
03/02/98
01/19/99
01/19/99
12/1 6/98
01/19189
01/04/99
01/02/99
01/H)/99
01/19/99
12/16/98
01/19/99
01/04/99
Finance
Clearwater Gas System
Clearwater Gas System
Customer Service
Clearwater Gas System
Planning & Dev. Svcs.
The motion was duly seconded and carried unanimously.
ITEM #5 - Pendina/New Business
a} Request for NonMjob-connected Disability Pension Waiver of Occupational Assessment
1 . James Berry
Administrative Analyst Debbie Ford requested the PAC (Pension Advisory
Committee) formally waive the policy requiring an occupational assessment for James
Berry. An IME (Independent Medical Examination) has indicated he is permanently disabled
and cannot work. Assistant City Attorney Leslie Dougall~Sldes will issue the necessary
interrogatories. Mr. Berry had worked for the City for more than 11 years in the Nursery
Division of the Parks & Recreation Department.
, Member Shepler moved to approve the request for a non-jab-connected disability
pension waiver of an occupational assessment. The motion was duly seconded and carried
.unanimously.
b) Appointment of Committee Members
Ms. Ford reported a 5-member election committee.needs to be appointed for a
Spring PAC election of employees. Member Shepler nominated Larry Browett. Member
Greer nominated Diane FitzGerald. Additional nominations will be submitted to Ms. Ford.
In response to a request, Ms; Ford will report on the expiration dates of current
Commissioner terms.
c} Pension Credit Buy Back
1 . Kenneth Donagan
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In her January 29, 1999, letter, Andra Dreyfus, representing Kenneth Donagan,
stated the City had hired him on April 8, 1974. After 9.5 years, Sgt. Donagan resigned
and withdrew $10,614.81 of his pension funds. Within 6 months, he withdrew his
resignation and returned to work. At that time, he was 39 years old and all of his
employee benefits, except his pension benefits, were restored, including credit for unused
sick leave, reinstatement in the appropriate pay step, etc. Though he had sought to repay
the full amount of his pension benefit, Assistant City Manager Gerald Weimer's November
9, 1983, memorandum to the City Manager indicates Sgt. Donagan was not permitted to
do so. Subsequently, Sgt. Donagan has made repeated attempts to regain his position
within the Pension Plan. He again requests to repay the Plan $10,614.81 and gain
immediate credit for his full term of employment dating from his original date of hire.
Ms. Dreyfus rlaid the City's offer to allow Sgt. Donagan to buy back his pension
credit for $247,000 as calculated by an actuary was unfair ,and unreasonable. She said
Sgt. Donagan was treated unfairly in 1 983 when his pension should have been reinstated
in full according to plan rules in effect at that time. She said the Assistant City Manager
had acted arbitrarily. She said the case is similar to that of Jeffrey Harper who was
permitted to repay the plan his contribution without consideration of the actuarial
equivalent. '
Ms. Dougall-Sides reported Sgt. Donagan had waived his right to pension benefits
for prior service when he signed the August 22, 1 983, agreement related to his return to
work. Ms. Dreyfus said he could not have challenged the order to sign the agreement
without facing punitive administrative action.
Member Johnson moved to recommend approval of reestablishing Sgt. Donogan's
Pension Plan credit for a total of 24.5 years of service with repayment of the $10,614.81
he had withdrawn previously. The motion was duly seconded.
In response to a question, Ms. Dougall-Sides said the business relationship between'
Ms. Dreyfus and Member Clark's printing business did not constitute a conflict of interest.
Upon the vote being taken, the motion carried unanimously.
ITEM #6 - Director's Reports - None.
The next PAC meeting is scheduled for March 11, 1999.
ITEM #7 - Board Members to be Heard
It was recommended sensitive information related to employee health issues should
be secure when sent through inter-office mail. It was requested sensitive information he
forwarded in double envelopes.
in response to a question, Ms. Dougall-Sides said the State's previous law related to
hiring employees who were older than 39 years old was struck down. She said the City is
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protected,lf job du'ties outline an employee's right to make decisions. She said there could
be, a. problem ,if deci,slons are made outside the arena covered by job duties.
In response to a question, Ms. Douga\l~Sldes said the City will provide an att'orney
should any member receive a subpoena. It was recommended these, types of issues be
referred to the Legal Department.
.
, ITEM #8 - "Adiournment
The meeting adjourned at 9:39 a.m.
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