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06/03/2003 (2) , . Peitsio'n Advisory Commi~tee " ' " Minutes' . "4 . " . \ . '. ,Date' c. I 'c, lIe. . , ' . . . , , " , . .' " II" " PAC 0(./ 03/03 , .' ... . . , . '. .' " . ., , . . " . .. ,..,. t, ~ I ". . '. .. . . , " . , ~ . " , , > , < ,f " , .' .' II '. ' , ,t " >.." '." . '. I" .' .. , ',~ ,.' . "j'.' ' . "'., ,f ,.' . . . ,'. .' "'.' I.' " ",' .." . .. . ;.. , .;.. . " , ' .' ~ " '.... . '. '. . '. ..: '" " . , ' :. , .,' I ~'; . .' . ' . '. I, ~'.' I " ' '. I . . PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER June 3, 2003 Present: Whitney Gray John Lee Hoyt P. Hamilton Frank Hibbard Nathan Hightower Tom Jensen John Schmalzbauer Chair/Commissioner Vice-Chair Committee Member/Commissioner Committee Member/Commissioner - arrived 8:38 a.m. Committee Member - arrived 8:50 a.m. Committee Member - arrived 8:36 a.m. Committee Member Also Present: Scott Christiansen Joe Roseto Leslie Dougall-Sides Brenda Moses pension Advisory Committee Attorney -arrived 8:50 a.m. Human Resources Director Assistant City Attorney Board Reporter The Chair called the meeting to order at 8:35 a.m. at City Hall. To provide continuity for research, items are i~ ~genda order although not necessarily discussed in that order. ' ITEM #2 - Approval of Minutes of Mav 8, 2003 ' ' . Member Lee moved to approve the regular Pension Advisory Committee meeting . minutes of May 8, 2003, as submitted in written summation to each board member. The motion was duly ~econded and carried unanimously. ITEM #3 - Emplovees to be Heard - None. ITEM #4 - Action Items: a. Review and Action on Employee Requests for Years of Service Pensions: 1. John G. Slack, Police 2. . Robert W. Repp, Jr.. Police 3. William McClure, Fire Member Schmalzbauer moved to approve Years of Service Pensions for John G. Slack, Robert W. Repp, Jr. and William McClure. The motion 'was duly seconded and carried unanimously. ' b. Review and Action on Employee Requests To Vest Pensions:. 1. Glenn Perry, Parks & .Recreation . Member Jensen moved to approve a request to vest pension for Glenn Perry. The motion was duly seconded and carried unanimously. . ..... . c. Approval of New Hires as Plan Members: Pension Advisory 2003-0603 1 6/03/03 : " j , :. "". \' '., ' ~. I,'. .. . , ~ J '.: . As of May 21,2003, the City had 1755.76 FTEs out of 1844.9 budgeted positions. Plan: Member Lee moved to accept the following employees into membership in the Pension Name. Job. Class. & Dept./Div. Dylan Newell, Customer Svc. Rep.lGas Joshua Baxter, Solid Waste Worker/Solid Waste/Gen. Svcs Brian Frank, Police Communications Operator/Police Jennifer Cunningham, Courier/Public Communications Robert Ramos, Life Hazard Safety Inspector/Fire Justin Nieves, Life Hazard Safety Inspector/Fire Mike Ward, Life Hazard Safety Inspector/Fire Scott Pettay, Life Hazard Safety Inspecto'r/Fire Daniel Angove, Water Supply AttendanVPublic Utilities Peter Eichner, Public SVC5. Technician I/Public Services Franklyn Golpl, WWTP Operator Trainee/Public Utilities Michael Kirkpatrick, Field Service Rep.lCustomer Sve. Richard DeCastro II, Dev. Review Tech. I/Development Svcs. Liberian Miles. Public Utilities Technician I/Public Utilities' Erik Soderlund, Public Utilities Technician I/Public Utilities Hire Date ' Date 9/27/99 417/03 4/7/03 417/03 5/5/03 5/5/03 5/5/03 5/5/03 5/5/03 5/5/03 5/5/03 5/5/03 5/5/03 5/5/03 5/5/03 5/5/03 5/19/03 5/19/03 5/19/03 5/19/03 5/19/03 5/19/03 5/5/03 5/5/03 3/17/03 5/5/03 · 5/5/03 5/5/03 5/5/03 5/5/03 . "'Originally hired as temporary on 3/17/03; changed to full-time and pension eligible as of 5/5/03 The motion was duly seconded and carried unanimously. ITEM #5 - Pendinq/New Business: ITEM #6 -Other Business 1 . Ratify and confirm termination of EPW On May 28, 2003, staff received notice that the money management firm of EPW Investment Manager was involved in a buyout. In addition, staff was notified that the firm is changing its focus away from money management and that key individuals were leaving the firm. John Willoughby, the plants consultant was one of those individuals. A separate agenda item will deal with .his services to the plan. On May 28, staff froze the assets under EPW's management and made arrangements for the assets to be transferred to a Lehman Brothers Index Fund (a.k.a. Lehman Aggregate Bond Fund) at Northern Trust, the plan's custodian. On May 28, EPW had $65.8 million under their control. . A fixed income manager search already is under way. Callan & Associates has developed a short list of managers. The Pension Investment Committee is meeting this month to reduce the short list to approximately three managers' and to schedule presentations. The committee will be looking for two fixed income managers. . Pension Advisory 2003-0603 2 '",. .' ,""" . '. ,~. , ,.:" .' ..'. ' ," " ; 'jl ,. 'el <~:' .~. .1, I '~~,.,"I" '( :. ;.....'. ',. t'. , . 6/03/03 , . , ;,. \+. .'", . t .,.' . \ . . I' '. ' . I .'," ~ j. ~' ..1 ~ , . \ ..... : ...,......' ' I " I. ',. . Mr. Moskun will provide via e-mail a schedule of Pension Investment Committee meetings to the PAC (Pension Advisory Committee). Member Hamilton moved to ratify and confirm the termination of EPW and transfer the assets to a Lehman Brothers Index Fund at Northern rrust. The motion was duly seconded. In response to a question. Mr. Moskun said staff has considered leaving a portion of the assets in a passive management account rather than an active account. He said he has spoken to Callan & Associates and Northern Trust regarding transferring some of the assets into an 'account managed by Mr. John Willoughby. Mr. Moskun said Mr. Willoughby left EPW . last week. Upon the vote being taken, the motion carried unanimously. 2. Authorize staff to negotiate with Charles D. Hyman for consulting services John Willoughby has been providing consulting services to the Pension Plan through the firm of EPW Investment Management. Since the recent buyout of EPW, Mr. Willoughby has moved to the firm of Charles D. Hyman & Company. Currently. the Pension Plan is involved in searches for 1\\''0 fixed income managers and a small capitalization value manager. A RFP for a performance measurement consultant is being issued shortly. Given these changes, it would not be feasible to conduct an additional search for a consultant at this time. . Staff is requesting approval to negotiate a contract with Charles D. Hyman & Company . for Mr. Willoughby's services. Until that contract is negotiated and approved. the plan ,wil! need Mr. Willoughby's services to assist with the above listed changes. Staff proposed to retain Mr. Willoughby at a cost of $1.650 per day not to exceed $7.000. After further negotiations, Mr. Moskun said Mr. Willoughby's annual fee would be $15,000. therefore the daily fee and the. $7.000 cap would no longer apply. Mr. Willoughby also has agreed to waive his daily fee until his contract is approved. In response to a question, Mr. Moskun said the City would only be retaining the services of Mr. Willoughby, not the money management services of Chartes D. Hyman. Charles D. Hyman is a consulting company, but not a money management company. Mr. Moskun said the City has been working with Mr. Willoughby since 1977 and he has done an outstanding job. In response to a question. Mr. Moskun said staff feels the City should have two consultants in order to safeguard the pension fund, as the investment arena is very challenging and unpredictable. . Concern was expressed the annual fee being proposed for Mr. Willoughby is double th~t of his previous fee. Mr. Moskun said Mr. Willoughby's fee has not increased since 1990. When he was managing a block of treasuries for the Pension Plan, Mr. Willoughby was able to keep' his fees low. Mr. Willoughby will not be managing treasuries in his position at Charles D. Hyman. After researching similar functions. Mr. Moskun said Mr. Willoughby's fee is still low in comparison to other money manager's fees. In response to a question, Mr. Moskun said EPW' is getting out .of the money management business and moving toward trust services. serving only clients on the west coast of Florida. They will not be managing money independently as they.have been in the past. It was remarked that a final decision regarding Mr. Willoughby's Pension Advisory 2003-0603 3 6/03/03 . services could be made after he is settled in with Charles D. Hyman & Company. He is willing to act on the City's behalf at no charge until his contract is approved. It was suggested that the PAC discuss whether or not two consultants are necessary. A comment was made that opinions from two different investment firms would be prudent. Member Hibbard moved to recommend staff be authorized to negotiate a c~ntract with. the firm of Charles D. Hyman & Company for consulting services. The motion was duly seconded and upon the vote being taken, Members Hibbard, Hamilton, Lee, Schmalzbauer, Hightower, and Chair Gray voted "aye"; Member Jensen voted "nay". Motion carried. 3. Authorize staff to do a RFP for a performance measurement consultant The Pension Plan has been using the services of Callan Associates to measure the Plan's performance since 1987. The services of a performance consultant include the following: Provide a quarterly report of the plans investment performance. Monitor our money managers and notify us of any changes. Conduct new manager searches. Provide education opportunities. Conduct custodian searches. Monitor asset allocation and make recommendations,on changes. Monitor the investment industry and keep us updated on new developments and 'trends through special reports. Provide special reports such as manager style drift. The Pension Investment Committee is recommending that a search for a performance measurement firm be undertaken at this time. In response to a question, Mr. Moskun said he would add to the list of questions to those who respond to the RFP, the question of whether or not a firm would have a conflict of interest. Member Jensen moved to recommend staff be authorized to conduct a search for a firm to provide performance measurement and other related services for the Pension Plan. The motion was duly seconded and carried unanimously. ITEM #7, - James Heinz Job-connected Disability Request Pension Advisory Committee Attorney Scott Christiansen explained the procedure for review of disability claims, exclusionary factors, and applicable provisions of the Pension Plan. I<en Afienko, claimant's attorneYt distributed booklets that included physician reports and opinions regarding his client's disability claim. In response to a question, Mr. Afienko said the booklets did not contain anything that was not already in the record. . Mr. Afienko said James Heinz had been a City of Clearwater Police Officer since 1983 until he experienced a set of circumstances that resulted in his disability. In October 2001, Mr. Heinz was accused by a female citizen of having sexual relations with her while he was on and Pension Advisory 2003-0603 4 6/03/03 . . . . . I . . . .. . "'. " . ,I I. . .' , .,.. .', ' , . '," . . ~ > " '\, ~ . . . off duty. He said the Chief of Police inappropriately made statements about Mr. Heinz's involvement before the conclusion of the investigation. Mr. Afienko said generally, a criminal investigation must be concluded within 45 days, however this investigation continued for several months. During the investigation, Mr. Heinz was employed with the City as a police officer and was subjected to rumors from fellow employees and acquaintances. He began to experience difficulties in December 2001 as a result of the investigation. In May 2002, Mr. Heinz was told he that he was going to be terminated. During the investigation into the alleged victim's background, her credibility was damaged. As the allegations could not be sustained against him, Mr. Heinz began negotiating with the City to keep his job. He/signed a settlement agreement with the City in May 2002 that allowed him to keep his job but be demoted from Sergeant to Patrol Officer, with the condition that he would retire in January 2003. The settlement also preserved his right to City benefits. In June 2002, Mr. Heinz's mental condition grew worse and he sought counseling from the EAP (Employee Assistance Program). Mr. Afienko said in June 2002, Dr. Theresa Henderson diagnosed Mr. Heinz as having major depressive episodes. Dr. Henderson treated Mr. Heinz for a few months and referred him to Dr.' Gerardo Sison, who saw Mr. Heinz on J~ly 25, 2002. Dr. Sison diagnosed Mr. Heinz with dysphoria and major depressive symptoms, and said his prognosis was poor. Mr. Afienko said that Dr. Sison continues to treat Mr. Heinz for major depressive disorders. In a letter dated August 5, 2002, Dr. John G. Toms stated that Mr. Heinz was not fit to perform the duties of a police officer, either full or light duty. In a letter dated August 8, 2002, Dr. Sison stated that Mr. Heinz was suffering from a major severe depressive disorder, a possible post-traumatic stress disorder, that he was permanently disabled, and that Mr. Heinz may never be able to work again as a police officer. Dr. Sison indicated that improvement in Mr. Heinz's condition was not expected to occur as long as he was in law enforcement. Mr. Afienko said Mr. Heinz went on sick leave in mid-July of 2002 as a result of this major depressive disorder. A letter dated September 3, 2002, from Dr. Sison stated that Mr. Heinz's current mental illness was work-related. Mr. Afienko said the City questioned Mr. Heinz's malingering and requested a second opinion. Mr. Heinz's application for disability retirement was submitted to the City on September 16, 2002. As a result of that application, Mr. Heinz was requested by the PAC to see Dr. Shodhan Patel. Dr. Patel diagnosed Mr. Heinz with post-traumatic disorder features and major depressive episodes. Dr. Patel also stated that Mr. Heinz's psychiatric status appeared job-related and he was likely permanently disabled from any full or part-time job capacity as a police officer. An IME (independent medical examination) was conducted on February 5, 2003, by Dr. Eric Kaplan. Dr. Kaplan indicated that Mr. Heinz was totally disabled at that time and felt that the disability was temporary. Dr. Kaplan also indicated that Mr. Heinz would be able to return to work within two to fourth months as a police officer if he is interested in returning to police work. Dr. Kaplan .s diagnosis was, however, . consistent with the findings of the other four physicians' regarding Mr. HeinzJs major depression and anxiety disorder. Mr. Afienko said five doctors state that Mr. Heinz is totally disabled as a result of the mental trauma caused by the investigation, four doctors have stated he is permanently disabled; one doctor states that he would be fine in two to four months. Mr. Afienko said he did not believe that the City or anyone else would want to put Mr. Heinz back on the street as a police officer in his current condition. Mr. Afienko said Mr. Heinz continues to be treated by Dr. Sison. however his condition is not improving, and it is permanent. Assistant City Attorney Leslie Dougall-Sides said the Code provides that separation from service must have been the cause of disability. She said the settlement agreement signed by Mr. Pension Advisory 2003-0603 5 6/03/03 : .'.,l;.'~"11 .":'/""'r" I.....: ';0; ,.".' \.': \.~"." ':."~ ."~ I' , ,I." :.....,. ,1... ~." ,".." ,I..' ..",.,.. ..... ,.1 '. .'. ." ."".,' ,", '" . '"', .\", . I" 1 .'j ~ 'f ... . . \ " ., I . '11II ~,. '.' '. .' , '.' ~~I. .". '. \.::,' I ,I '.' , "~' :. . . . Heinz and the City obligated him to retire on a years of service pension in January 2003. There were conditions attached to Mr. Heinz's continued employment. which are noted in the settlement agreement. Prior to January 2003. Mr. Heinz filed an application for disability retirement. Ms. Dougall-Sides said Mr. Heinz was given a pre-termination hearing following an Office of Professional Standards investigation. After reviewing the evidence. Assistant City Manager Garry Brumback reversed the decision to suspend/terminate Mr. Heinz. Mr. Heinz subsequently went on sick leave and then went on vacation leave. Four psychologists/psychiatrists have opined that Mr. Heinz is disabled and his condition appears to be job-related. One of them found that Mr. Heinz had not reached maximum medical improvement, but that his condition was not permanent. Ms. Dougall- Sides reviewed the eligibility criteria for a disability pension. which includes a requirement that the disability must be likely to be continuous and permanent from a cause other than the disqualifying factors. She suggested that the physicians' medical determinations of Mr. Heinz's emotional state at the time he was examined was a direct result of the information he personally supplied to them, . therefore they all concluded that his disability was job-related. Ms. Dougall-Sides said Mr. Heinz is working 40 to 50 hours a week in an air conditioning business, which is somewhat physical. She said the City's position is that Mr. Heinz is not permanently disabled. Human Resources Director Joe Roseto said this case is unique in that Mr. Heinz entered into the settlement agreement with the City as a result of a pre-termination hearing. His continued employment was contingent upon retiring as soon as he was eligible. which was January 2003. Mr. Roseto said he assumed that Mr. Heinz would apply for a non-disability retirement. Ms. Dougall-Sides said the City had attempted to enforce the settlement agreement, however a temporary injunctive relief order with notice was issued directing the City to process Mr. Heinz's disability retirement application. Mr. Christiansen said the PAC was to ' consider the disability claim on its merits only. The judge made no determinations other than to order the City to process the claim. In response to questions from Mr. Afienko. James Heinz. claimant, said he was employed as a police officer for the City of Clearwater in January 31, 1983. He was promoted to Sergeant in July 1993. He said he was involved in a complaint with a citizen who alleged he committed acts of a sexual nature while he was on duty. He was the target of the investigation that the City initiated as a result of the allegations. He stated he was notified in October 2002 that an internal affairs investigation would be held regarding those allegations. He said during the investigation, information was leaked to the public. He said the case lingered on for some time and as a result, he began experiencing severe anxiety problems prompting his supervisors to refer him to the City's EAP.' During that time, he said he started gaining weight. was constantly nauseous, and experienced other problems. He said the reason he did not use the EAP immediately was because he was concerned that the information they obtained would be used against him. In April 2003, he said two people came to his home and removed his job- related equipment, informing him that he was on administrative leave. and that the investigation was being concluded. He was instructed to go to the Internal Affairs Office where he was told by the former Human Resources Director Paul O'Rourke that he was most likely going to be suspended and that the allegations were not sustained. When he arrived at the Police station, he found that he was going to be terminated and that the City concluded all charges against him were sustained. He was given an opportunity to resign or be fired. He said he refused to resign; as he had not done anything wrong. He was then terminated. He said the Chief of Police made irreparable statements about him on television' that night. He said he was totally humiliated and could not face his family or anyone else., He requested a pre-termination hearing. He met with Mr. Brumback who reviewed the file and determined the case was not adequately investigated or was not documented properly at that point. and he gave Mr. Heinz Pension Advisory 2003-0603 6 6/03/03 . I I. \.' .: . . ..' . ~ \' . .' ~:. ,.' I I ,,' L . .: ~ . . I ~ +.: . '. .', . J' . I . " , ,.'. , . . .. his job back. 'Mr. Heinz said because he was threatened with the loss of his pension, he signed the settlement agreement. He said he could not possibly return to law enforcement. In response to a question, Mr. Heinz said he did not commit any of the allegations. He said he used the EAP and saw Dr. Henderson several times. Dr. Henderson referred him to another doctor. He also saw. Dr. Toms, Dr. Patel. Dr. Kaplan. and Dr. Sison. and is still being treated by Dr. Sison. He said Dr. Sison has indicated that his condition should improve once he is separated from the City and from law enforcement work. but does not recommend that he re~ enter the field of law enforcement. In response to a question. Mr. Heinz said after a year of treatment, he continues to suffer from severe depression and anxiety disorder. He said he is on medication and continues to see Dr. Sison. He said Dr. Sison has suggested that the air conditioning position that he has engaged in is therapeutic. as it has nothing to do with law enforcement. , In response to a question, Mr. Roseto said if convicted of misconduct or a felony, a police officer or any employee could lose or forfeit his/her pension. Mr. Christiansen said there is a state statute that deals with forfeiture of pensions. It was remarked that if Mr. Heinz had a concern about losing his pension, then it could potentially have bearing to some extent on this case. A remark was made that the PAC was trying to determine the cause of the anxiety. In response to a question. Ms. Dougall~Sides said the credentials LCSW signified Licensed Clinical Social Worker. It was remarked that Ms. Henderson is not a doctor, but a LCSW. In response to a question. Mr. Roseto said he did not know if Mr. Heinz could be. certified as a police officer in his current state. He said if Mr. Heinz could not perform as a police officer, he Wuuld qualify for a disability pension if he meets al/ the applicable criteria. In response to a question. Ms. Dougall-Sides said the City was not aware of any decertification proceedings that have been brought forth regarding Mr. Heinz. It was remarked that every four yea~s police officers must pass certain standards to remain certified. Mr. Heinz said when he initially spoke to his attorneys and former Police Lieutenant Repp; he was pressured into resigning to protect his pension. He said he was only given one hour to make a decision and he decided to fight the allegations. In response to a question, Ms. Dougall-Sides said she was not aware of any threats made to Mr. Heinz during the investigation implying that he would lose his pension. Mr. Heinz said City records subsequently were changed to "no conclusion" based on the fact that there was insufficient evidence against him. In response to a question, Mr. Heinz said he was never told that he was going to be charged with a felony. He said the investigation done by the FDLE (Florida Department of Law Enforcement) and the State Attorney's office concluded that there was no evidence of any misconduct by him. In response to a que'stion, Mr. Roseto explained the difference between a normal years of service pension benefit and a disability pension benefit. He said as a police officer, Mr. Heinz also is eligible for a supplemental pension. Mr. Christiansen said the difference between the two types of pensions was not an issue before the PAC. One member said it appears that motive could be a consideration in these cases. He felt before deciding whether or not a disability claim is valid, the PAC should have the ability to. evaluate the credibility of the applicant by looking at all the circumstances which affected the Pension Advisory 2003~0603 6/03/03 7 . . '." ': .. i, ~ '.. . , ~ (~l , ' .' , .. ~'. ., '\' . ',' . l, l f. I . l ", '.' '. ',' .. . . . applicant. Mr. Christiansen said the PAC could evaluate the applicant's motivation and credibility with regard to his/her testimony. However, the amount of the pension should not be considered. It was remarked that all the information provided in these cases is subjective. A comment was made that the PAC has never had to consider an applicant's financial situation and how they would benefit from each of the pension benefits. Mr. Afienko said neither the applicant's financial situation, nor the settlement agreement signed 'by the applicant in this case should playa role in the PAC's decision in this case. In response to a question, he said the doctors' reports and the evidence presented is all that should be considered. He said his client should not be penalized for applying for disability benefits for which he was entitled. It was remarked that the question regarding his financial motivation was not an attempt to penalize the applicant, but rather a factor to be considered, as would the doctors' reports. Mr. Christiansen reiterated that if the criteria for the disability are satisfied. this claimant has the right to apply for the disability benefit. It was remarked that the application in the packet that Mr. Afienko provided the board differs from the one provided by staff. Mr. Afienko said they are contextually the same. Mr. Christiansen said the application dated September 19, 2002, includes the date of injury and is the copy that should be considered. In response to a question, Mr. Heinz said at his next appointment with Dr. Sison, he would discuss one of the physician.s suggestions that he begin an exercise program and change his medication. He said his medication has been increased since his original course of treatment. Mr. Heinz said he wants to get better but he no longer trusts anyone, and does not feel he can return to law enforcement. . In response to a question, Mr. Heinz said the other officers involved in the investigation resigned their positions. It was remarked that as a Sergeant, Mr. Heinz was responsible for supervising people. Mr. Afienko said the other officers chose to resign. Mr. Heinz was not a part of their negotiations or cases. It was remarked as a supervisor of people there are responsibilities attached. Mr. Afienko said Mr. Heinz was not a part of any of the alleged wrongdoing that occurred with respect to the other officers. Mr. Heinz said he was not their . supervisor when some of the allegations were made against those officers. Ms. Dougall-Sides suggested that if the PAC wanted to consider the details of the investigation, it would be prudent to request additional evidence such as reports, the termination notice; and a statement from former Police Lieutenant Repp. who is now retired. She said Mr. Heinz is alleging the City's mistreatment of him was a participating factor in his disability. It was remarked that the questions regarding the supervisory responsibilities were mentioned because a person can sometimes cause their own stress or anxiety if he/she is unable to live up to their responsibilities.. It was remarked that the PAC must consider all the facts. Mr. Afienko disputed a statement made by Ms. Dougall-Sides regarding pending litigation by Mr. Heinz. Ms. Dougall-Sides said Mr. Heinz has a different attorney in that case. It was remarked that the attack against a police officer's integrity was unnecessary. Mr. Afienko said this is 'a' complicated case. He said once a police otticer.s reputation is tarnished, it is 'irreparable. He said the evidence presented today does not indicate any sinister action by Mr. Heinz. Mr. Afienko said Mr. Heinz meets all applicable criteria for approval of a disability pension. Pension Advisory 2003-0603 8 6/03/03 . '. . I """" ~ . . I ., . .' .." , '. . . " : . . ,. l '. "'; . . I ;'; ,,> " ,"' " " "' . . Ms. DougallySides urged the PAC to consider the IME doctor's opinion indicating that Mr. Heinz could recover within a two to four month period. .The Human Resources Director has indicated that it is unlikely that the City would have a position for Mr. Heinz in the Police Department or any other department. Mr. Roseto said if Mr. Heinz had not signed the settlement agreement with the City, he would have been terminated at that time, but would have had other avenues of appeal. It was remarked that the PAC must rule on whether Mr. Heinz's disability is total, permanent, in the line of duty, and whether any of the exclusionary factors apply. In response to a question, Ms. Dougall~Sides said the City feels Mr. Heinz does not meet the critlon for permanency. Dr. Kaplan does not feel that Mr. Heinz is permanently disabled. In response to a question, Ms. Dougall-Sides said the Human Resources Department scheduled a fitness for duty examination with Dr. Toms when Mr. Heinz went out on sick leave. Member Jensen moved to recommend that Officer James Heinz be granted a disability pension in the line of duty. The motion was duly seconded and carried unanimously. It was remarked that it would be helpful in the future to obtain more legible copies of physicians' reports, as their handwriting was extremely difficult to read. . ITEM #8 - Director's Reports - None. , ITEM #9 - Committee Members to be Heard Member Hightower said he felt it was the PAC's responsibility to review all aspects of an application regardless of an employee's position in the City. He found it hard to believe that motivation would not playa role in a disability application. He was surprised that anyone would take offense that a police officer, rather than any other employee, would be questioned with respect to his/her motivation. He said he intends to question the motivation of every applicant. , Member Schmalzbauer said there has never been an issue before the PAC regarding the motivation for a pension benefit claim. .' Member Lee requested that the PAC be properly trained regarding motivational factors and the economic impact on an employee if those issues are to be considered during review of an application. He also requested that if an employee's financial situation is to be considered, that all pertinent data regarding financial consideration be provided to the PAC for examination. It was remarked that there are formulas in place that apply to normal and disability retirement benefit claims. . Mr. Roseto said the PAC has the right to consider all the facts of a case. Each individual PAC member must make their own evaluation of claims that come before them, as everyone has their own perceptions and understanding of those situations. Pension Advisory 2003-0603 9 6/03/03 . ' .', j '.,." .. ..~. . . 1\. '. I ,I . ' .... .: ,I '. I '.' , . , . . . Chair Gray thanked Mr. Christiansen for his service to the City. Mr. Christiansen said he would be involved in transitional meetings with the PAC until such time the new pension attorney is up'to speed. She also thanked Mr. Dehner. She introduced Stu Kaufl'T1an of Klausner and Kauffman, the City's new pension attorney, and thanked him for attending today's meeting. ' . ITEM #10 - Adiournment ,The meeting adjourned at 10: 19 a. m. Attest: 'i!Ywm clct7( )7?fJ )0 Board Reporter , , pen'sion Advisory 2003-0603 .' ". " 10 l . 6/03/03