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'I::' '~, '.', ," '\' , .,' , . .. oIl ~'. . t . / ,\ " , . : t ( , / c .". . ',' ,', i. " , . ' . ~ ' i' ~. 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 /.' 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. ~';~~'~. '. . oj.J~"" . *.il} 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 \....) mpac0400 1 04/13/00 , ., . , . ~ , " : '" ,'..i: ''I',: ' ,',:, ',' ;', :.'i'" {~~:/;,(,jt~,>;~.', ; ,.'<i~ ::,/> ,'." ' ~~ ~ \'~<i ,.., c>"': ',>: c' .. t;'.l,!': t.,. ,..~ . , , " "., " t. .>..r ' 1 . j 'l"; .... . ,.,t . :.:, I' .:. I " " , " , , " '/' ,r) 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 ,(,:V~~ ~;~j'" 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 v mpac0400 2 04/13/00 :' ,~"j.,I~.....,~.,' :,II~"";.:.,..;.} ,'.:,'. / ;!': J'j' ,.,,'~: I' :1 "~, '~./.-I' "'." '~'" ~'" ',i:',;" "', '~":".'.' " '~':J\ '. :'-.U"', .,1(';. ';"~' ;:'.' ,~"h' ,:', ~ ': '0', '{' .' , 1-'.:; .' '>' ,i':I'c1,' " ":I:'~':"",~:.'~~. '. ',>.'<;.,:,i >~,.. ~~,:',; ?.': ':~:,.'.. ' .' ',:, ' . t J' :'. " , ',';,' , " ", , '. " ,', I. , !~ " .I 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. ..r:..... (.'~:~ :,,'..,t 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. "--I mpac0400 3 04/1 3/00 ,::,"/tl.' I~,,\~~,;I' .,~. \1/ ',, ,,\ \'~. "r'-' .: '~I:\'\ "/' 1'1\',/,:1 ~','r,{,j;~'", "",~: ',',''-'1..,'' I."r./~, ..".' " '.'., ','. " I i', ,e, ,C . 1 ;..: " .' ..' ,.... :. " . J. . :~ '; , ,'. . I ,', I," " ~'5\ I :~ ?J-:. , > ;"' , , ~ > ,; '; I ~ ~ , I ,', .!. . , . ,:1.' ',.1 . . ~ .1 " ~, 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. l~;4. 'f;o:.,:U ..... 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 \..../ mpac0400 4 04/13/00 ," " ,...." / ' j \ ,~."; \,'" ' ;'. ' " ",' 'I r . '.....'. ", " ,'" '.' . I' '\ ",', . , .,' ",,' " '..: : < \. .., I.,' I "'. ',. _ ' . '. J : /' .I' I " '\ .' " > e [ , ~ ,:'., '".' ~_, ',:,:,_ "',' ,', '.,', ',' ",',':,:.",',;.,:.,"'1< FJ,'.\, '., , , ",' :;':i, ",j::,', ',,::' i,'." ::,., , ' , ,jj' e '.:.,'~..,";,,"~,';,'.',:,:..,;:.,,'t..,"~',:',. :',.'. ',):,',',1:'. . e ,}, . . 1 ' ~, " . 'f~.',., <.'< '~:>',::!:e, I..'",t".~.~,.~! ;,' I .... ~,' , . I ' . ' .,' 'j': .".. S. )",' .,...". '\>.: I., ", ~ .' . ~ ~i/l " ' , ' . , , , '. t. ~:'> 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. " ': Robert S. Dickman's March 20, 2000 a-mail " , 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. .. ') The next meeting is scheduled for May 11, 2000, at 9:00 a.m. ITEM #7 - Committee Members to be Heard Ij~ ~~i~~ 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. ~ L ilc---, . Chair t1--L1""--l-- Pension Advisory Committee -. B Attest: " "__,J mpac0400 5 04/13/00 x' " ' ,.. . ' .' ;';.':r:. "".',;'. ," ',' ',,', 1/ ,~'; ,.... ,'-1,:,. "',',"" , ' ,," I'., '\" ",./" ''I' ,I ,-'. . ','", ' ," "',4.' :",,', '.' 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