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PENSION ADVISORY COMMITTEE MEETING
CITY OF CLEARWATER
. October 11, 2001
Present:
Dick Fitzgerald
Whitney Gray
John Lee
Ed Hart
John Schmalzbauer
Bill Jonson
Tom Jensen
Chair
Vice Chair /Commissioner
Committee Member
Committee Member/Commissioner
Committee Member
Committee Member/Commissioner
Committee Member
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Also 'present:
Paul O'Rourke
Lee Dehner
Leslie Dougall~Sides
Debbie Ford'
Patricia O. Sullivan
Human Resources Administrator
Pension Advisory Committee Attorney
Assistant City Attorney
Human Resources Analyst
Board Reporter
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The 'Chair 'called the meeting to order at 9:00 a.m. at City Hall.
'1
To provide ~ontinulty for research, items are in agenda order although net
necessa~i1y discussed in that erder. J
ITEM #2 - Alloroval of Minutes
Member Lee moved to. approve the minut"es of the regular meeting of September 13,
2001 I. as recorded and submitted in writte~ summation to each board member. The motion
~as duly seconded 'and carried unanimo.usly.
ITEM #4 - Emolovees to be Heard - None'.
ITEM #5 - Action Items
a) Review and Action cn Employee Requests for Years of Service Pension
1. .Calvin ~izell "7 Solid Waste Equipment Operator, Solid Waste
2. Gary M. Fritts - Electronics Technician, Public Services'
3. Jahn Whitcemb - Solid Waste Worker, Solid Waste
, .
Member .Gray moved to. approve a Years af Service Pension for ,Calvin Mizell, Ga~y
M. Fritts, and Jo.hn Whitcomb. The motian was duly seconded and carried unanimously.
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10/11/01
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b} Review and Action on Employee Requests to Vest Pensions
1. Joseph Reckenwald - Public 'Utilities Assistant Director, Public Utilities
. Joseph Reckenwald has resigned his position after being employed by. the City for
more than 27 years. He will qualify to receive his reduced pension beginning July 1, 2004.
Kelly Moos, Systems Analyst. Finance
Yolanda Rogers, Police Comm. Oper Tme. Police Department
Pharyn Bannister, Recreation Leader Parks & Recreation
Carlton 'Greene, Maintenance Worker I General Support Svcs.
Peter Fellman,' Gas Technician I Clearwater Gas
Dobert Thompson, Recreation leader Parks & Recreation
Rachel, Perry, Deve.lopment Review Tech I Planning &' Dev. Svcs.
Dwayne Hickman, Police Com Oper Tme. Police Department
Penny Baughn, Police Comm. Operator Police Department
Douglas Swartz, Firefighter Fire Department
Denis O'Connor, Firefighter Fire Department
Wade Bishop, Firefighter Fire Department
David Buchholz, Firefighter Fire Department
Tashadra Togers, Police Com Oper Trne. Police Department
Julio Plaza, Parks Service Technician I Parks & Recreation
The motion was duly seconded and carried unanimously.
ITEM #5 ~ PendinQ/New Business
a) Catherine Slack' -Hearing for Job~Connected Disability Pension
Member Jonson moved to approve the request by Joseph Reckenwald to vest his
pension. The motion was duly seconded and carried unanimously.
As of October 4, 2001, the City had 1696.31 FTEs out of 1801.3 budgeted
positions'i
Date of Pension
Emolovment E!l9.:.-.Date
08/27/01
08/13/01
08/27/01
09/10/01
09/1 % 1
09/1 % 1
08/27/01
09/24/01
09/24/01
09/24/01
09/24/01
09/24/01
09/24/01
08/13/01
09/24/01
08/27/01
08/13/01
08/27/01
09/10/01
09/10/01
09/10/01
08/27/01
09/24/01
09/24/01
09124/01
09/24/01
09/24/01
09/24/01 '
08/13/01
09/24/01
Pension Advisory Board Attorney Lee Dehner reported Joe Corsrneier, Catherine
Slack's attorney, has requested to address the PAC (Pension Advisory Committee).
Mr. Corsmeier'reviewed the background of Ms. Slack's case. He said she had
applied for a Job~Con~ected Disability Pension in November 1999, following an in-the~line-
10/11/01
. Member Schmalzbauer moved to accept. the following employees into membership in
. the Pension Plan:
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c) Approval of New Hires as Pension Plan Members
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of-duty Injury. On May 11, 2000, the PAC determined Ms. Slack could perform useful,
. meaningful, and necessary work as a Police Officer and was reassigned to a limited duty
position. He said Ms. Slack applied for a Job-Connected Disability Pension In May 2001,
stating she is unable to perform the limited duty position.
, In response to a question, Mr. Dehner said today's hearing is not formal.
Depositions and sworn testimony will not be heard. In r~sponse to a question, Mr.
Corsmeier said the PAC has the authority to reconsider its earlier decision to reassign Ms.
Slack to a limited duty position and grant her a job-connected disability pension. Assistant
City Attorney Leslie Dougall-Sides said the City opposes the applicant's request and wants
an opportunity to present more evidence.
, Mr. Corsl:l1eier stated Ms. Slack has not taken tests required for certification' as a
police officer since 1998 and cannot carry a weapon. He said she cannot meet FDLE
(Florida Department of Law Enforcement) and City requirements to be a police officer. He
said the PAC had approved the reassignment, although they were not mandated to do so.
He said Ms. Slack cannot drive while taking medication necessary to relieve her pain. He
said the August 24, 2001, Functional Capacity Evaluation indicates she cannot serve as a
police officer due to injuries to her back and a rotator cup tear. He said Dr. Vega, who had
performed the August 29, 2001, IME (Independent Medical Examination) was confused
regarding her duties. He said Ms. Slack cannot conduct foot patrol nor respond to
emergencies.
Mr. Dehner said Mr. Corsmeier is rearguing the May 11, 2000, case by now alleging
Ms. Slack cannot perform the reassigned duties. Mr. Dehner said Ms. Slack had the ability
to appeal that decision previously. In response to a question, Mr. Dehner said an employee
does not have the option to refuse a light duty assignment that meets all Pension Plan
criteria. He said it is illegal to reargue that case in this proceeding. He said a new
application could claim that Ms. Slack cannot properly perform the reassigned duties. Mr.
Corsmeier said the PAC can reconsider that action if they determine a mistake was made.
Mr. Dehner said if the applicant claims a mistake was made, a petition for writ of certiorari
should have been filed within 30 days of the PAC decision. . He said it is improper for the
PAC to reconsider this issue as it was adjudicated already. In response to a statement, he
said the City has not been provided information indicating Ms. Slacl< has been decertified
as a police officer.
In response to a concern, Mr. Dehner said the need to replace Ms. Slack's position
on the street is a personnel issue and does not apply to .this case. Discussion ensued
regarding issues related to light duty assignment.
In his October 1, 2001, memorandum, Deputy Police Chief Dewey Williams reported'
Police Officer' Catherine Slack had incurred an on-the-job injury on September 22, 1998,
while participating in a police training exercise. Following her doctor's determination that
she would no longer be able to work as a patrol officer I Officer Slack was assigned to the
. ,
Criminal Investigations Division in a light duty. capacity on April 7, 1999. She has worked
in that assignment since that time. Officer Slack's responsibilities include working as a
detective conducting follow-up investigations of misdemeanor cases other than domestic
mpac1001
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10/11/01
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. violence and cases involving weapons. Investigation of misdemeano~ cases typically
involves'telephone follow-up and the filing of written pollee reports and does not
usually involve the making of a physical arrest. While Officer Slack is unable to
perform in a uniformed patrol assignment due to her medical restrictions, she has been
able to provide useful and necessary work to the Police Department in the investigation
of.,misdemeanor cases. In the first nine months of 2001, Officer Slack has closed 462
cases, inactivated 2,334, and submitted 839 report supplements. Officer Slack has
received "above standards" ratings on both annual performance evaluations since her
permanent light duty assignment to the Criminal Investigations Division.
, In response to a question, Mr. Dehner stated the applicant has the burden of
proof and is respol!sible for correcting inaccurate medical statements. Concern was
'expressed Ms. Slack qualifies only for a years of service pension, not a disability
, pension, even though she was disabled in the line of duty. It was felt the City is not
fulfilling its obligation to disabled' employees.
'Mr. Corsmeier recommended the PAC vote on this issue today, stating it is
unfair to deny M~. Slack a'disability retirement pension. Ms Dougall-Sides said the
". City objects to the PAC making any. determination without the opportunity to present
material at a full hearing. She did not think medical reco'rds support that a significant
change to Ms. Slack's physical condition has occurred.
A formal hearing was recommended. Mr. Dehner said, a rehearing cannot
con~ider Ms. Slack's ability to perform the duties of a police officer. Clarification was
requested regarding Deputy Police Chief Williams' statement that the light duty
position "does not usually involve the making, of a physical arrest." Concern was
expressed'a job gescription for Ms. Slack's current duties had not been presented.
Pension Plan rules related to a hearing will determine the time line.
ITEM #6 - Director's Reports
Human Resources Administrator Paul O'Rourke said next month staff will
presen.t a summary of proposed changes to the Pension Plan. Due to Plan
complexities,' only a minimal number of changes can be considered at the March 2002,
referendum. Concern was expressed that decisions be deliberate, as the number of
documents under consideration is massive.
The next PAC meeting is scheduled for November 8, 2001.
ITEM #7 - Committee Members to be Heard
. Member Lee requested that PAC members receive all related materials at least
10 days prior to all formal hearings.
mpac1001
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10/11/01
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. ..., Member Schmalzbauer said he was overvyhelmed by 'the volume of information
relat'ed to the actuary. selection' and was grateful for the opportunity to participate. '
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ITEM #8"w Adjournment
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The meetjngadjourned, at.1 0:25 a.m.
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