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. ~ension Advisory 'Corpmittee
"Minutes
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PENSION ADVISORY COMMITTEE MEETING
CITY OF CLEARWATER
April 13, 2000 '
Present:
. . J. B. Johnson
Pat Greer
Pat Shepler,
Dick Fitzgerald
Ed Hart
John Schmalzbauer
Vice Chair/Commissioner
Committee Member
Committee Member
Committee Member
Committee Member/Commissioner
Committee Member
Absent:
Brian Aungst
Chair/Mayor
Also Present:
Paul O'Rourke
Margie Simmons
Lee Dehner
Debbie Ford
Patricia O. Sullivan ,
Human Resources Administrator
Financial Services Administrator'
Pension Advisory Committee Attorney'
Administrative Analyst
Board Reporter
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The Vice 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.
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ITEM #2 - Aooroval of Minutes
Member Greer moved to approve the minutes of the regular meeting of March 9,
. 2000, as recorded and submitted in written summation to each board 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 Pensions:
1. David A. Foster, Gas Specialist - Gas Department
2. Jack M. Callahan, Assistant Fire Chief - Fire Department
3. James D. Pyatt. Sr., Building & Maintenance Supervisor - General Support 'Services
4. Robert S. Dickman, Fire Lieutenant - Fire Department
5. Iracema V. Drysdale, Utilities Chemist - Public Works Department
6. Davi~ C. Little. Systems Analyst/Programmer II - Information Technology
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7. Sarah Hamm, Customer Service Representative - Planning & Development Services
Human Resources Administrator Paul O'Rourke reported since the packets were
distributed, Sarah Hamm had amended the date of her retirement to April 28, 2000.
Member Fitzgerald moved to approve employee requests for Years of Service
'Pensions for David A. Foster, Jack M. Callahan, James D. Pyatt, Sr., Robert S. Dickman,
Iracema V. Drysdale, David C. Little, and Sarah Hamm. The motion was duly. seconded and
carried unanimously. ,
b) Review and Action on Employee Requests to Vest Pensions
1. Wayne E. Millen, Police Officer - Police Department
Wayne E. Millen has resigned his position after being employed by the City for more
than 10 years. ,He will qualify to receive his pension beginning July 1, 2009.
Member Greer moved to approve Wayne E. Millen's request to vest his pension.
Tht) motion was duly seconded and carried unanimously.
c) Approval of New Hires as Pension Plan Members
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As of March 6, 2000, the City had 1,667.5 FTEs. The City has 1785 budgeted
positions, including the 8 positions recently added by the City Commission. Mr. O'Rourke
said 93.4% of the positions are filled. In,response to a question, he will present an
accounting of staffing levels next month.
Jared Barden was employed originally on April 12, 199'9 as part-time and
transferred to full-time and became pension eligible on February 14, 2000. Andrea Beane
was employed originally on April 1 2, 1 998 as a temporary and transferred to full-time and
became pension eligible on March 13, 2000.
Member Hart moved to accept the following employees into membership in the
Pension Plan:
Date of Pension
Emolovment EliQ. Date
Sherrie Freemon, Police Service Tech.
Jared Barden, Custodial Worker
Howard Hanscom, Mechanic II
Shawana Wollever, Staff Assistant I
Martin Moran, Accountant
Laura Wilson, Utilities Chemist
Alex Battle, Custodial Worker
Jeffrey Garber, Field Service Rep.
Police Department 01/31/00
General Support Svc 04/12/99
General Support Svc 02/28/00
Gas Department 02/28/00
Budget 02/28/00
Public Works 02/28/00
Parks & Recreation 02/28/00
Customer Service 02/28/00
01/31/00
02114/00
02/28/00
02/28/00
02/28/00
02/28/00
02/28/00
02/28/00
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Katheri08 Schaaf, Staff Assistant I
Lauree Belcher, Parks Service Tech. I
Andrea Beane, Senior Accountant
Daniel Luna, Field Service Representative
Karl Langefeld. Recreation Supervisor,
Anthony Harris, Solid Waste Worker
General Support Svc 03/13/00
Parks & Rocreation 03/1 3/00
Public Works 07/13/98
Customer Service 03/13/00
Parks & Recreation 03/1 3100
Solid Waste 03/27/00
03/13/00
03/13/00
03/13/00
03/1 3/00
03/1 3/00
03/27/00
The motion was duly seconded and carried unanimously.
ITEM #5 - PendinQ/New Business
a) Selection of Chair
Member Hart moved to reappoint Brian Aungst as the committee's Chair. The
motion was duly seconded and carried unanimously.
b) Carol Schmidt - Hearing on Non-job-connected Disability Pension Request
Human Resources Administrator Paul O'Rourke said the Police Department has 8
, , positions designated as light duty. A severe off-duty accident precludes Carol Schmidt
, from continuing her career as a Police Officer. The City concurs Ms. Schmidt is an
outstanding employee and has much to offer the City. In response to a question, Mr.
O'Rourke said the Pension Plan requires the City to use Ms. Schmidt's talents in a
meaningful manner. Currently, Ms. Schmidt is handling criminal investigations.
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PAC (Pension Advisory Committee) Attorney Lee Dehner said the PAC needs to
determine if Ms; Schmidt's injuries are total and permanent and preclude her from
performing the duties of a Police Officer, and if an appropriate job reassignment can be
made. The proposed position is similarly classified and will result in no reduction in pay.
He said the request is proper. He recommended the PAC deny Ms. Schmidt's request .for
disability, as a position is available. Should Ms. Schmidt's condition worsen or an
appropriate job no longer be available, Ms. Schmidt can again' file a request for a non-job-
connected pension. Disabled employees are required to accept appropriate jobs when
offered.
Joe Corsmeier, representative, reviewed Ms., Schmidt's case. He said Ms. Schmidt
is willing to work. Concern was expressed regarding Ms. Schmidt's abilities as the IME
(Independent Medical Report) had indicated her pain increases after sitting more than 30
minutes or walking farther than 0.25 mile.
It was felt this procedure is convoluted. Mr. Dehner said the Plan will be reviewed.
Concern was expressed Ms. Schmidt may have to repeat this procedure should the new
position not be a good fit. It was felt PAC rejection of this pension claim could be viewed
negatively during consideration of a future request. Mr. Dehner said the Plan does not
consider Ms. Schmidt currently disabled and qualified for a pension.
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Mr. ~orsmeier wished to protect Ms. Schmidt's options for future application. Upon
the request of PAC ',members, Mr. Dehner will include information In the order that Ms.
Schmidt is unable to perform current duties as a Police Officer.
Member Hart moved to deny Carol Schmidt's request for a job-connected disability
as she can be reassigned to an appropriate light duty assignment at no loss of pay even
though she is unable to perform the duties of a Police Officer. The motion was dUly
seconded and carried unanimously.
c) Brian Baldwin - Request for Job-connected Disability Pension
In his April 3, 2000 letter, Mr. O'Rourke stat~d Mr. Dehner had opined that Brian
Baldwin is ineligible for a job-connected disability pension, as his termination from
employment was not based on his disability. Mr. O'Rourke said during termination
negotiations, Mr. Baldwin was offered 30 days to file a disability claim. Subsequently, Mr.
Dehner's opinion was requested. Mr. Dehner requested this item be agendaed today for
discussion. He said a vested pension participant can apply fora job-connected disability
pension If termimition does not result from other issues. While Mr. Baldwin applied for the'
job-connected disability pension prior to his termination, the record indicates the disability
has no bearing on his termination.
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Brian Baldwin said he was Deputy Fire Chief of Operations when be was placed on a
21.day administrative leave. At a February 18, 2000, meeting, he was advised he would
have to apply for a job-connected disability pension before 5:00 p.m. It was indicated that
pension request would be processed. Mr. O'Rourke said absent a legal opinion, staff did
. not want to foreclose Mr. Baldwin's opportunity to apply for a job-connected disability
pension. The issue of disability was brought up after termin~tion discussions had begun.
In response to a question, Mr. O'Rourke said Mr. Baldwin qualifies for a regular pension,
although he has not yet applied. Mr. Dehner recommended the PAC not incur expenses
,related to an IME and obtaining medical records. He said the PAC does not need to
consider the merits of Mr. Baldwin's medical claims.
Additional information was requested related to the termination and medical claims.
The issue will be agendaed for next month.
ITEM #6 - Director's Reports
Mr. O'Rourke reported staff had received 20 responses to the notification related to
part-time employees working full-time hours without benefits. Staff will verify payroll
records and report back to the PAC. None of the responses came from Fire or Police
personnel.
Mr. O'Rourke will report when a task force to consider light duty assignments for
disabled employees has been appointed. The task force will bring forward
recommendations to the PAC. It was recommended PAC members participate in
conversations but not serve on the task force. Mr. O'Rourke noted PAC members
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represent City staff, not unions. PAC members will'be noticed regarding task force
meetings.
Mr. Dehner said he has submitted drafted amendments to chapter 99.1. After June,
he will begin work on restating the entire Pension Plan. In response to a question, Financial,
Services Administrator Margie Simmons said she will provide cost estimates based on
actuary numbers. She said ~osts are minimal. Concern was expressed regarding long-term
ramifications of future amendments. Mr. Dehner said the structure of the City's pension
plan djff~rs from other municipalities. He said impacts will be minor.
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Robert S. Dickman's March 20, 2000 a-mail
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, Mr. O'Rourke said Mr. Dicl(man had questioned the fairness of retirement benefits
provided for married and single employees. It was felt the plan does not differ from
benefits offered by Social Security. Mr. Dehner said the discrimination is not illegal. In
response to a question, Mr. 0' Rourke said it was not appropriate for Mr. Dickman to e-mail
the entire staff. The Legal Department dO,es not represent the PAC and could not respond
to his request for an opinion. ..
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The next meeting is scheduled for May 11, 2000, at 9:00 a.m.
ITEM #7 - Committee Members to be Heard
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Member Schmalzbauer questioned why some employees requesting disability
pensions must travel great distances to receive an IME. 'Mr. Dehner said the IME should be
handled by an expert with no conflict of interest related to those who provided previous
diagnoses. Mr. O'Rourke said employees are reimbursed for their expenses.
ITEM #8 - Adjournment
Th,e meeting adjourned at 9:58 a.m.
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Chair t1--L1""--l--
Pension Advisory Committee
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Attest:
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