02/13/2003 (2)
.
. , \
, "
., . ,Date,
>., .
"
. . I
, "
PAC
':, Pensi~n Advisory Committee!'"
Minutes
I.
, I'
, ,
.' I .
" '
. 1 . I
.""
, . ,
, , ,
... . y
, . ,
"'o~/ 13'/03'
'. I f
'.
,I . .
, "
. ", '
.. '
.' . < ' .
.. . .
, '
, ,
, '
, ,
. '
" ,
.. : ~ <
. ,
. ,
,',f' ,,'.
, ,
, ~t. . .
. " I
. '
, .'
I ...,
, .
.
AFFIDA VIT
Pe n" ;0 /\.1 AJ U'~L1 (j ~l>\;oictf.JtL
Fe.J.:J. I ~, 2QD..3 --
C .D "I_f.! rc:Jvfo rei- ~ KCiJ IJU,ft../o
T tOm .q? . )
J{.(..'. ~ &; A '. ~rn',/I t./Ylct/e'j -
lkiA(i~ On (\d~.jdb ~/lrtcJ<d .us.D~
P.e..!lfi.,on Re~t. '
STATE OF FLORIDA )
COUNTY OF PINELLAS )
JOSEPH P. ROSETO, being first duly sworn, deposes and says:
1. I am the Human Resources Director for the City of Clearwater.
"
2. The City of Clearwater stipulates in the matter of IN RE: CAMILLE
MOTLEY, Disability Claimant, regarding non-jab-connected disability only, that
applicant Motley has established that she terminated City employment by reason
of her disability pursuant' to Code of Ordinances Section 2.397(c)(1 )a. .
,Further Affiant sayeth not.
.
The foregoing instru~ent was acknowledged before me this /1 f6 day
of February, 2003, by JOSEPH P. ROSETO, 'who is personally known to me and
,
who did/did not take an oath.
~ X?-y~
Notary public , '), ',-
Print or type name: ' e bC1,ra /, L f' /-.:' ~
My Commission Expires:
- . -"l,~::'([jI\U'OfA!{Y Sf.A:C"-jU C ,
, DEBORAH L FORD
NOT J\R '( PtlnUC STATE. OF FLCRmA
, COMMr-;.,SION NO. CC930773
... ~ 'Y COM ~ If2!9~:_r:;..!':.~,i.~_Y..~J_OO4
.
.
.
.
PENSION ADVISORY COMMITTEE MEETING
CITY OF CLEARWATER
February 13, 2003
Present: Whitney Gray
John Lee
Tom Jensen
Hoyt P. Hamilton
Frank Hibbard
Nathan Hightower
Acting Chair/Commissioner
Committee Member
Committee Member
Committee Member/Commissioner
Committee Member/Commissioner
Committee Member
Absent:. John Schmalzbauer
Committee Member
Also Present: Joe Roseto
Lee Dehner
Leslie Dougall-Sides
Debbie Ford
Brenda Moses
Human Resources Director
Pension Advisory Committee Attorney
Assistant City Attorney
Human Resources Analyst
Board Reporter
The Chair called th~ meeting to order at 9:06 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
ITEM #2 - Selection of Chair & Vice-Chair
Consensus was to postpone election of the Chair and Vice-Chair until all board
members are present.
, '
ITEM #3 - Aporoval of Minutes of Januarv 9. 2003
Member Hibbard moved to approve the minutes of the regular meeting of January 9,.
2003, as recorded and submitted in written summation to each board member. The motion
was duly seconded and carried unanimously.
ITEM #4 - Emplovees to be Heard - None.
ITEM #5 - Action Items
a) Review and Action on Employee Requests for Years of Service Pensions.
, 1. Gertrude Devers - Development Services
2. Roscoe Dobson - Fire Department
3. Fredrick Fricke - Police Department
4. Melvin Acton - Fire Department,
5. Richard Hodge - Solid Waste Department
Pension Advisory 2003-0213
1
2/13/03
. .; . . : . . ,.. , I 'I , ~ j . ..' . "~' . .... I r.'" "'.
.
.
.
6. George Johnson - Fire Department
7. John Urban - Fire Department
Member Jensen moved to approve Years of Service Pensions for Gertrude Devers,
Roscoe Dobson, Fredrick Fricke, Melvin Acton, Richard Hodge. George Johnson, and John
Urban. The motion was duly seconded and carried unanimously.
b) Approval of New Hires as Plan Members.
As of January 30, 2003, the City had 1744.01 FTEs out of 1844.9 budgeted positions.
Member Hamilton moved to accept the following employees into membership in the
Pension Plan:
Name. Job. Class. & DeDt./Div.
Pension Elig.
Date
Hire Date
, James Purdy, TV Production SpecialisUPublic Communications12/30/02
12/30/02
1/13103
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03*
1/27/03
1/27/03
1/27/03
1/27/03
1/27/03
Mirna Selva, Customer Srv. Representative/Gas
Jason Kinney, Engineer IIEngineering
Sara DeBella, Human Resources AnalysUHuman Resources
Brian Davis, Graphics Technician/Public Communications
Carol Anding, Wastewater Trmt. Piant Cp. Trainee Pub. Ut.
Stacy Keenan, Staff AssistanUGas
Dawn Jenkins, Recreation Supervisor I/Parks & Recreation
Andrew Rawlins, Parl<s Srv. Technician I/Parks & Recreation
Robert Days, Jr.. Solid Waste Worker/Solid Waste
Charles McAbee, Solid Waste Worker/Solid W,aste
Ann Galluccio, Library AssistanULibrary
William Bennett, Public Srv. Technician I/Public Srv.
Joseph Raffo, Public Ut. Technician I/Public Ut.
Michael Hayes, Solid Waste Worker/Solid Waste
Michael Roseto, Field Srv. Representative/Customer Srv.
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
1/13/03
11/12/02
1/27/03
1/27/03
1/27/03
1/27/03
1/27/03
.. Originally hired as temporary; changed to full-time and pension eligible as of 1/13/03.
The motion was duly seconded and carried unanimously.
ITEM #6 - Pending/New Business .
,
a) Camille Motley:- Hearing on Non-job~connected Disability Pension Request
Pension Advisory Committee Attorn.ey Lee Dehner said Ms. Motley's initial claim was for
a non-job conneCted disability, which she changed to a job-connected disability. She has now
withdrawn the job-connected disability claim. Kenneth Afienko, Camille Motley's attorney, has
submitted a letter dated January 15, 2003, affirming that Ms. Motley has withdrawn her job-
connected disability claim. Mr. Dehner reviewed the three legal standards for review that apply
to the proceedings for a non-job connected disability claim: 1) the PAC's decision must be
'supported by substantial and competent evidence; 2) the decision must comply with the
essential requirement~ of law by applying the provisions of the Pension Plan and applicable
Pension Advisory 2003~0213
2
2/13/03
. l . l. ,.' . . ~ 1- . I" ~ . II'~ \ ,":' ~;./ . , '. ;.~ . '. ,I ,'-..1'. I . '. . , .. : l. . .,.. . I I . ~
.
.'
.
law; and 3) provide due process. The burden of proof on the issue of disability is on the
claimant to establish by the greater weight of the evidence that she is disahled within the
provision of Section 2397(c) of the Employee's Pension Plan.
Kenneth Afienko, claimant's attorney, said his client has decided to withdraw her
previous claim for a job-connected disability and proceed with the non-job connected disability
claim. He said there is supporting documentation that would confirm that Ms. Motley's condition
is permanent and significant. He said the City is unable to offer her a permanent position at this
time. Ms. Motley's condition was based upon a back injury and she was terminated by the City.
Assistant City Attorney Leslie Dougall-Sides said Ms. Motley's separation from service
was due to a resignation and settlement agreement, not a termination. The City does not
disagree that the non-job connected disability was shown by the file as indicated by the IME
(Independent Medical Examination) report and the functional capacity evaluation conducted by
Tampa General Hospital indicating that Ms. Motley could only work two to three hours a day in
any position. The City does not have any permanent positions that would allow her to only work
two to three hours per day in any department. There was an indication in the file that states
should Ms. Motley elect surgery in the future, her disability status could change.
In response to a question, Mr. Dehner said the criteria for non job-connected disability is
whether maximum medical improvement has been reached to a point short of any invasive
procedure. ilPermanent" is determined as to whether or not the City has a position available for
reassignment in a similar classification in which the employee had been working. Disability
benefits are not necessarily a lifetime benefit, as they are subject to re-examination annually.
In response to a question, Mr. Roseto said the process for re-evaluation of a disability
claim involves determining whether there are any jobs within the' City that allow the employee to
perform successfully. If it is determined via proper medical authority that the employee can
return to work, the City has the right to discontinue disability benefits and offer the employee a
position'. In response to a question, Ms. Dougall-Sides said the December 12, 2002, PAC
meeting minutes reflect that there are no other jobs for this claimant. Mr. Roseto said the City
has no expectation to create a job for Ms. Motley.
Member Lee moved to approve the non-duty related disability claim for Camille Motley.
The nlotion was duly seconded and carried unanimously.
ITEM #7 - Director's Reports
Human Resources Director Joe Roseto said two employee-elected PAC members'
terms would expire on June 30, 2003. He said the normal procedure is that employee-elected,
members form a committee made up of five employee members who are participating in the.
pension process and the Official Records & Legislative Services office assists them in
administering an election 60 days prior to the election.
ITEM #8 - Committee Members to be Heard
New member Nathan Hightower was welcomed to the board.
In response to a question, Mr. Roseto said there are no pending disability cases
prepared to be heard by the PAC.
Pension Advisory 2003-0213
3
2/13/03
.
Member Jensen requested that the next meeting agenda include discussion of the draft
of the Employee Pension Plan that was developed through the PAC attorney for the
administration of the Pension Fund. Mr. Roseto reported that the March 13 meeting agenda
includes a joint meeting with the Pension Trustees to hear oral presentations from respondents
to RFPs (Request for Proposal)' for a PAC attorney. The presentations are expected to take an
, hour or more~ In response to a question, Finance Director Margie Simmons said she would
provide the PAC with the criteria staff uses to rank the respondents and a copy of the RFPs.
Mr. Jensen said the proposed changes to the Pension Plan were never formally approved or
reviewed other than by the Benefits Committee. He said the Finance Director had reviewed the
changes and revisions and reasons why she was against them. He said there were some
inequities in the single employee's benefits versus married employee's benefits.
Consensus was to convene the PAC meeting at 9:00 a.m. on March 13; convene a joint
meeting with the Pension Trustees at 9:15 am; then reconvene the PAC meeting after the
presentations and review of the RFPs are completed.
ITEM #9- Adjournment
The meeting adjourned at 9:34 a.m.
Attest:
. . ~~ftpflda)ll0J(J/J
toard Reporter "
.
Pension Advisory 2003-0213
4
ttee '
2/13/03