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01/09/2003 (2)� . m � � � _ � � � Pens�on Acivisory Cornmxttee � � � � . . t . . . , , . . . . . M�n.utes . � � . . ; . . . � I) ate . � : � � �� � � . �� � , � � . . . . . . � . � . . . � , ,. , . .. .,. . _ � . ..., . , . i� �. " � � ' • � . . . . . ' . . . . ' !+ ' . , . � . . _ , . . . . . . . . r , . . � ' . . . • . , t . � ' . . . . . �� � ' . ' . . . ' � . . . - . . '1' , � � " � ' � � . .. . ' . . . . � . . ' ' � ' , . . � ' ' . ' , . .. � . i „ • ' � 1 ' , . r : . ` Y .. . . . ..� , ' . • . � ' � � „ • ' � . . . � � . . � , . ` . � � , ' � . , ' ' , ' ;♦ • ' , . � � 1 � � � � . " + ' � � � • � ` • ' ' . ' ' � . , 1 . ' . . ' ' ' . . . ' . r ` : ' ' : . 1 • . . . , . � . I . . . . � r ' � ! ' , . � �. ' � r, � 5 . . . I 1 . ' • , • , .. ' � � i .• . ' „. ' ... ' , . s . , . . � . ' ' � . ' E ' ' � • ' . � � � � PENSIQN ADVISORY CQMMITTEE MEETING CITY 4F CLEARWATER January 9, 2�D3 Present: Whitney Gray John Lee Joh.n Schmalzbauer Tom Jensen Hoyt P. Hamilton Frank Hibbard Empty seat Also Prese�t: Joe Roseto Lee Dehner Leslie Dougall-Sides Cynthia Bender Debbie Ford Brenda Moses � Acting ChairlCommissioner Committee Member Commsttee Member . Commi#tee Memfoer Committee Member/Commissioner Committee MemberlCommissioner Committee Member � Human Resources Director Pension Advisory Committee Attorney Assistant City Attorney Human Resources Manager Human F�esources Analyst . Board Reporter The Chair calied the meeting to order at 9:00 a.m. at City Hall. To provide cvntinuity for research, items are in agenda order although not necessari[y discussed in that order. � •. , ITEM #2 -- Se1ec#ion of Chair & Vice-Chair (Tabled) See �tem #8. lTEM #3 - Approval o� Minutes o# December 12, 2002 Member Lee moved to approve the minutes of #he regu�ar meeting of Decen�ber 12, 2002, as recorded and submitted in written summation to each board member. The motion � was duly seconded and carried unanimously. ITEM #4 — Empiovees #o be Heard -- None. 1TEM #5 �- Action I#ems a) Review and Action on Empfoyee Requests for Years of Se�vice Pensions. 1. Lawrence R. Browett �- Fire Department 2. Belinda C. Massey — Gas Department 3. Dianne L. Burkhammer — Police Department Pension Ad�isory 20Q3-0109 1 11Q9103. Member Jensen moved to approve Years of Service Pensions for Lawrence R. , � Browett, Belinda C. Massey, and Dianne L. Burkhammer. The motion was duly seconded and carried unanimously. b) Review and Action o# Employee Requests to Vest Pensians 1. Brett M. Ward -� Police Department Brett M. Ward has resig�ed his posiiion after being employed by the City for more than �7 years. He wEll qualify to receive his reduced pension beginning Octaber 1, 2005. Member Schmalzba�er moved to approve the request by Bre#t M. Ward to vest his Pension. The m�tion wa5 duly seco�ded and carr�ed unanimously, � , c) Approval of New Hires as P1an Members. As of Januaty 2, 2003, the City had 1744.01 FTEs out o# 1844.9 budgeted positions. Member Hibbard moved to accept the following employees into membership in the Pension Pian: Name Job. Class 8 De t./Di�. - � Sam Swinton, Jr., Ware�ouse Clerk/Gas Jere Gunderman, Recreation LeaderlParks & Recreation Jessica Stephens, Police Comm. �perator T�ainee/Police Amy Roberson, Pvlice Comm. (�perator TraineelPolice . Scott Fowler, Police RecruiUPolice Nathan Burnside, Police RecruitlPolice � Jeffery Richardson, Police Recruit/Police � Amanda Edmunds, Rec. ProgrammerlParks & Recreation Shannon Anderson, Police CadetlPolice Brian Jerard, Police OfficerlPotice Anthony Mills, Police CadetlPolice Carlene Gabehart, Sol�d Waste WorkEr/Solid Was#e Marc Shen, Police GadetlPolice � � Juan Fontella, Police CadetlPolice MicMael Rodriguez, Police CadetlPolice Kristina Pupke, Police Cad4tlPolice . Hi�e Date � 212102 � Z�zro2 121161D2 12/16lD2 � 2i� sio2 � zilsroz � 2/1 fi/02 12/16/02 12/2102 � zrzroz � ziz�o2 121 � fi102 1213Ql02 12/30/02 1213D/02 12130lC12 The motion was duly seconded and carried unanimously. iTEM #6 — Pendir��INew Business a} Camilfe Mot{ey -- Hearing on Job-connected Disability Pension Zequest � Pension Advisory 2D03-D1 D9 2 Pension E1ig. Date 12/2/02 12/2102 12/16/02 12116l02 121 � 6102 � zi� sio2 '12/'16102 12/16/02 12/21�2 1212lOZ 2/2102 12/16/02 12130l02 12/30/�2 12/30/02 12130f02 � l09103 � �� � � The Chair no#ed that at the December �2, 2002, #he PAC (Pension Advisory Committeej had requested addittonal information from the applicant. PAC Attorney Lee Dehner said the only information receivec� since the December meeting was a new disability application form. The new appfication indicates the reason for the disability was due to iifting of boxes. The initial application filed by Ms.. Mo#ley stated she had � failen off o� a couch. A Ne#ice of injury form was nat attached to the application, as required and no medical evidence was included; therefore ti;e new applicatEOn is incomplete. The PAG had asked for additional informatior� regarding whether ar not the terminatior� was a resuit o# t�e a�leged disability or something efse. The PAC had �equested information regarding whether the i�jury was incurred in-servic� or� �ot-in-sen+ice due to conf�icts i� th� recard, sflme of wh�ch was based on the c�aimant's statements. Mr. Dehner said ther� has not been reasonable time for him or the applicant's a#torney to s�bmit a11 the forms requested by the PAC. In response to a question, Assistar.t City A#torney LesCie. Dougall-Sides said Ms. Motley signed the Volu�tary Resignation and General Relief form. The addendum to the form was drafted by her worker's compensation attorney but was not executed because the parties feit that the general form covered that matter. Ms. Dougall-Sides cvncurred with Mr. Dehner that the applicant has not submitted the documentation requested by the PAC at the December 'I2, 2a02, meeting. She said there was an amended appiication iifed with new grou�ds for a�ob- connected claim, however the requi�ed paperwork inc[ud�ng the Notice of Injury and two physician opinions were not attached. Code 5ection 2.397(c)1 of the Pension Plan states there must be e�idence that #he separatian from service is a result of the disabi�ity o� an on-the-job injury. The Voluntary Resignat�on that is of record now, and the only document on the resignation paperwork, indicates Ms. Motley resigned in settlement of a wo��er's com�ensation claim. The PAC`s practice regarding amended applications has been to obtain an IME {Independ�nt Medical Examination) repor# regarding #he applicant's grounds for the disability. As there is an amended application, the City wouid most like�y depose Ms, Motfey, Dr. Vega, and a n�w fME physician who could pro�ide an opinion rega�ding the on-the-job aspect of the new claim. Mr. Dehner said the PAC chose to hear evidence on ali issues at one hearinq. As the PAC'S request #or additionai info�mation as �pecified at ihe December '� 2, 2002, meeting has not bee� met, he suggested no substanti�e issues be re�iewed tvday. He said he had contacted both attorneys �uggesting that this item be removed from today's agenda until ai) 1�he requested information had been recei�ed. Kenneth Afienko, attor�ey for Ms. Motiey, said he has been in possession of the Notice of Injury since February 21, 2002. The form was date stamped by the City's Risk Management department. He said he wouid like to address the PAC regarding procedurai matters. The Chair explained that the PAC would hear all the information f�om their attorney and siaff regarding the matter before making any decisions regarding the case. . It was fielt that the No#ice� of Injury �orm would ha�e great bearing on this case. Ms. Dougal�-Sides said she had recei�ed a copy of the Notice of Injury form yeskerday after request}ng it from manageme�t; however, it was not signed by either the employee or employer. The PAC's rules reyuire that the Notice of lnjury form be attached to the djsability application. �n response to a questton, Ms. Dougal4-Sides said the �orms a�e received by fhe Risk Management department and are rauted through the department in which the.employee Pension Advisory 2003-0109 3 1109103 worked. Mr. Dehner said the requirements for disability claims were provided to Ms. Motley � prior to her procuring M�. Afienko's services. In response #o a question, Mr. Dehner said there a�e no specific rules regarding iength o� tiire for submission of documents. The rules of procedure sta#e the PAC is #o act as quic�ly as possible once afl required information is received, The cEaimant's attorney largely determir�es tY�e time required befo�e a meetin� is �� scheduled #o hear a claim due to the length o# time needed to provide required documentation. Once noti�ied by the a#torneys they are prep�red to present the information, the PAC°s attorney wouid request t�at a meeking be scheduled. Special meetings can be scheduled to expedite the process. � It was rer�na�ked that more information is required before a decision can be made� on the claim. Mr. Dehner said the PAC needs Dr. Vega to render an opinion regarding the alleged job- connected injury or have another lME perform an examination on Ms. Motley and provide an opini�n regarding her job-connected disability claim. The Chair said this matter is st�ll u�der continuance. Mr. Afienko said he still wanted to make a statement. He said Ms. Motley's disab�lity application was submitted on December 26, 2002. At the December '� 2, 2002, PAC meeting, � he said he had asked Mr. Dehner what he needed to perfect the recotd. He �aid Mr. Dehner to�d him he needed to submit a signed copy of the settleme�t agreement between the Worker's Compensation attorr�ey and Ms. Motley, and fiEe an am�nded application for benef�ts, as ther� � was some question as to #he type of injury Ms. Motley was claiming. He said he did not understand why the �'�,C dces not ha�e a copy of the �irst report of injury as he has a date stamped copy by Risk Managemeni of that form. He said less than 24 hours prior to this meeting, Mr. Dehner told him 4hat the City wants a� additional IME, depositions, etc. He said the City has spEnt money on an IME, and a functional assessment�exam. Mr. Afienko said both doctors have indicated that Ms. Motiey was injured as a result of a job-related claim. He said he has informa#ion that would support that claim. !t was remarked that the December 12, 2002, PAC meeting minutes state that Ms. Motley needs to submit a signed copy of the Voltantary Resignation and General Release addendum, a Notice of Injury form, information related to the reason for the termination, and an amended application. The PAC at#orney has not received this information. ln response to a question, Mr. Afienko said he has the items requested. He said he did r�ot k�ow why #he City does nat have them. He said he attached the iME report and the functionai assessment e�Givation to his client's application, as he felt those documents were the most important part of the claim. Ms. Dougall-Sides said the Legal Department received the Notice of Hearing fa� today.'s meeting and the amended applicakion on .fanuary fi, 2QD3. Mr. Dehner said at the December 12, 2002, PAC meeting, there were numerous issues identified to the claimant's attorney by the City Attorney that needed to be brough# back io the PAC. It was not limited to just an app�ication. The Notice of Injury was not attach�d to the application and that form is an important part af the process. There was considerable . discussion at the December PAC mesting regarding whether it�e reason for Ms. Motley's � Pension Advisor 2003-0109 4 1149103 Y � termination w�s for a disability. Additional evidence had to be obtairted by counsel by whatever � means they chose to obtain it. Counsel is well aware that the discovery device may be a deposition. � It also was discussed that due to the change in the basis of Ms. Motley's claim from non-job connected to job-connected disabiii#y, that the issue required discovery. Mr. Dehner said the record infers that there are numerous inconsistencies in Ms. Motley's own statements to physicians as to the cause of her Condi#ion. He said it is the responsibi�iky of counsel to sort through ihose recotds by whatever means they chose. Mr. Afienko said he could not have conducted an add�tiona{ IME during the ho�idays in time for today's meeting. He said the need for an iME is not in the record and was r�ot discussed at the �December meeting. . Et was remarked that Mr. Afienko had sufficient time to make the ap�lication complete befo�e another hearing was scheduled. The PAC has found that the applica#ion is substantialiy different than the original appiication and that the matter needs to be continued. Mr. Dehner said at the December 12, 20�2. PAC mee#ing, it was not the motion of the PAC that this matter �be continued to today's meeting. Th� motion stated that the case be continued until all necessary documentation is received from Ms. Motley, Mr. Afienko asked which items he stilC needed to produce to the PAC. He said he came to this meeting prepared. He expressed dismay that he had received an e-mai! from the City Attorney and a telephone ca1! from Mr. Dehr�er �ess than 24 hours prior to this meeting stating he d�d not submi# aEl the required documentation. Mr. Dehner said the required items were specifed at the December 12, 2Q�2. PAC meeting. He �eiterat�d that Ms. Motley filed a new � job-connected disabi�ity claim, which requires additional information be provided. Mr. Afienko said Mr. Dehner is using a procedural guide to make him produc� more evidence in this case. He said Ms. Motley has already been through a functionai assessment exam and an lME. He said he was stili unclear abvut the documentation needed. Mr. Dehner repeated that the documentation requested has been pro�ided to Mr. Afenka. He re�iewed it again. � � It was remarked that Mr_ Afenko was addressing substantive �ssues and the PAC has indicated this matter would lae continued until the record is complete. Mr. Afienko said he stil! did not know what was required of him. Ms. Dougall-Sides said the City wishes the matfer be continued in order to review the new applicatior� in which Ms. Motley is alleging a j�b-connecied disability. . Mr. Dehner referred to a comment by Dr. Vega indicating that if certain conditions existed, that the injury could be a result o# such a working environment, not that i# was. Mr. Dehner said that was the only statement regarding causation Dr. Vega made because a job- cannected disability claim was not the issue at tha# time. � . The Chair said once Mr. Afienka has all the documentakion required by the PAC, a � meeting would be scheduled. She requested that he ensure he has all the i�formation needed. � Pension Advisory 2003-0109 5 11Q9103 Mr. Afenko said besides the deposition of Dr. Vega, he wanted to know what else was � required. Ms. Dougall-Sides said Ms. Motley is to provide her deposition regarding the new application, any additiona! IME doctor depositions, and an evaluation by an additional IME doc#or, whether by Dr. Vega or a different IME doctor. Mr. Dehner recommended to the PAC thai discovery nat be limited at this time. Depositions may indicate more information could be required. �t was remarked that khe PAC does not want to limit disco�ery but that Mr. Afenko needs to �now the documents are being required in accordance with procedures. Mr. Dehner said Mr. Afienko needs to provide a compieted appl�cation with an attached Notice of Injury form, a physicEan's statement st�pp�rting any claim that is being made, evidence that the termination occurred as a res�lk of that disabi�ity, and the greater weight of the evidence that the disability was job-connected. Mr. Afienlco said he thought he had a�l of that information. ln response to a question from Mr. Afienko, Ms. Dougall-5ides said the City would schedule depositions immediate�y. Mr. Afienko asfced if he would ha�e assurance that his application and documents are procedural�y correct before the next hearing. Mr. Dehner said counsel has been pro�ided Enformation regarding what ss needed. It was questsaned if the claimant's at#orney would be able to resubmit the prior IME's findings regarding the job-connected disability claim. M�r. Dehner said a new IME report would be required by.ei�her Dr. Vega or from a new IME that would address the new �ob-connected disability c�aim. {The case was continued to a date unce�#ain.} � � b} Selection of the S�venth Member � � � Human Resources Director Joe Roseto indicated the PAC's (Pension Adviso�y Committee) consensus at the �ecember 12, 2�02, meeting was to begin the selection process to select a seventh member. Onfy one nominee, Na#han Hightower, has applied. Member Hibbard moved to appoint Nathan High#ower as the seventh member oi the PAC. The moti�n was duly seconded and carried unanimously. Mr, Roseto said Mr. Hightower would be provided with the PAC's rules of procedure and all pertinent documentation regarding any pending cases befare the PAC. c) Appro�al of Investment Policy . The Pension En�es#ment Advisory Committee annuaily �eviews the investment pol�cy to � determine if any cha�ges are needed. As a result of the latest review, the Pension lnvestment Advisory Committee is recommending some minor changes be made. The following is a summary of the most signif'tcant changes to be made: .. o The section on Illiquid investments has been expended to require that a money manager notify the City when an investment becomes illiquid. � Pensian Advisory 2003-0'� �9 6 1/09103 � ��� � o The m�mbership of the investment committee has been refined. o�'he Fixed income Segment section has been expanded to require that a�roney manager notified the City when a security falls below "investment grade"� (the c�edit quaiity standard for the pension plan), a A sec#ion on Proxy Vc�ting has been added that requires at least a quarterly reporting to the City on proxy votes. , � o That earning rate of the plan has been increased to 7.5% Christiansen and Dehner reviewed this policy, Concern was expressed abaut the �alidity af votes taken at Qension Inves#ment �� Committee mee�ings and the lack of a�ormal structure. Concern was expressed that althvugh this is not a formal advisory board, ail the attendees are permitted to vote on recommendations proposed, regasdless of their training or educationai bac�Cground in the in�estment field. Cash and Investments Manager Steve Moskun said the Pension Investment Committee meetings are op�n to the public. He said because these meeting invoive discussion regarding employees' pensions, those partie5 who take an interes# in attending meetings are permitted #o vote. Finance Director Margie Simmons said these meetings also serve as a trainin� mechanism: The meetings provide a forum for additiona� stafif to be trained to avoid interruption of service. Meetings p�o�ide employees an opportunity #o take a vested i�terest in pension . inve�tment issues. As meetings are lengthy, there is usually a different mix of people at meetings. The officiai voting members �rz the Finance Director, Assis#ant Finance Director, and the Treasurer: Concern was expressed that on-the-job trainEng is a good practice, but as the participation of various other people is inconsisten#, the final r�commendations to the Pension Trustees are not just from the officiaE �oting members o� the cammittee. Ms. Simmons said this is an ad�isory committee #o the Pension Trustees, which is the deciding entity. The financial personneE of the City serving as voting members present the votes to the Pension Trustees. Should they disagree with a vote taken at an Investment Committee meeting, the official voting members of the Committee would ad�ise the Pension Trustees of their recommendations. The votes of. the a#tendees are non-binding. � In response to a question, Ms. Simmons said she would pTesent any of the PAC's recommendations to the Pension Trustees Board regardEng chang�s to the Pension Investment Commi##ee's membership or policies. - Member Hibbard maved to continue this item. Ms. Simmons said if ihe PAC decides to approve these changes, they could do so.with the caveat that they would recommend changes in the future. � Member Hibbard wikhdrevw his. motion Pension Advisory 2003-0109 7 1 i09i�3 � � � Member Hibbard moved to appro�e the proposed changes to the Pens�on Investment Committee as submitted, with the caveat that the PAC would corne forward with a recommendation for change in the future. The motion was duly seconded and carried unanimousiy. � Ms. 5immons said an in�estment training seminar being held in Tampa on January 24 would qualify for eight CEUs (cor�tinuing education units) on investments. She said the cost for the seminar would be covered from Pension Plan funds for members of the PAC or Pension Trustees board. Mr. Dehner said Senate Bill 372, which became effective October '� , 2dQ0, requires thak a filing requirement be made ko investment pol�cy changes. Changes adopted by the City must be fiied with the Division of Retirement, with the City, and with Steve Metz, the actuary for the Pension fund. The effecti�e date of these changes cannot be until 31 days unti� the fi�ing with the City. . ITEM #7 — Director's Reports Mr. Roseto �a�d an RFP (Request for Proposal) for a Pension attorney was completed January 6, 2�03. The deadline for submission of proposals is February 14, 2003. He recommended the PAC postpone the oral presentations and final rankings until March 'i 3, . 2003. ' � � No objections were raised. ITEM #8 — Committee Members to be Heard Member Lee said his packet for today's meet�ng was postmarked on January 6, 2003 and received on January 7, 2�03. It was requested that the Human Resources Department send ou# PAC packets as soon as possible prior to meetings. It was remarked that sometimes holidays, etc. can affect maiiings. � � lt was Temarked tha# the selection of a Chair and Vice-chaiT would Gommence at the next meeting, now that a seventh member has been selec#ed. � 1TEM #9- Adiournmeni The meeting adjourned at �0:18 a.m. Attest' r��a��.�,i��r'�t 1 �1�1 �'- ��'`� Board Reporter Pension Advisory 2003-0�09 � � �.�_ � � .1,�� � � Chair � •� Pension Ad i� � ' ee 11Q91�3