07/09/2009
PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
July 9, 2009
Present: Tom Jensen Vice-Chair
John Schmalzbauer Committee Member
Carlen Petersen Committee Member/Councilmember
John Doran Committee Member/Councilmember
Paul Gibson Committee Member/Councilmember
Brian De Witt Committee Member
Absent: Nathan Hightower Chair
Also Present: Joe Roseto Human Resources Director
Patricia O. Sullivan 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.
2 - Approval of Minutes
– June 11, 2009
Member Gibson moved to approve the minutes of the regular PAC (Pension Advisory
Committee) meeting of June 11, 2009, as submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
3 – Employees to be Heard
– None.
4 – Action Items
– None.
5 – Pending/New Business
– None.
6 – Director’s Report
PAC Election
Human Resources Director Joe Roseto congratulated Tom Jensen and John
Schmalzbauer on their reelection. He said voting via the Intranet had been successful; it saved
money and increased employee participation.
PAC Rules and Procedures
PAC meetings
Mr. Roseto said staff is updating PAC rules and regulations. Regulations require the
committee to meet regularly, not monthly. If no business is scheduled, he suggested contacting
members several weeks in advance; in the absence of objection, such meetings would be
cancelled.
Pension Advisory 2009-07-09 1
Member De Witt moved that if no business is scheduled, staff contact committee
members several weeks in advance and, in the absence of objection, such meetings would be
cancelled. The motion was duly seconded and carried unanimously.
Disability Cases
Mr. Roseto presented staff recommendations regarding disability cases. Staff has met
with the Plan's Attorney and is drafting new procedures. He said he and the City Attorney's
Office represent employees and should not act as adversaries against employees; representing
the Pension Plan could pose a conflict of interest. Pension Plan attorneys also should not act
as adversaries. Currently, staff determines which applications are contested.
Mr. Roseto said the City no longer will advocate for the Pension Plan. The applicant is
responsible for proving a disability exists. As proposed, the PAC would determine if the
applicant has met the burden of proof based on clear Statute language. Should the PAC decide
that the burden of proof has been met, the committee would schedule a hearing. Should the
PAC determine that additional review or investigation of an application is necessary, the
committee would hire an advocate to represent the Pension Plan, review the request, and make
recommendations. Advocate costs are unknown; each case would have different time
requirements.
Staff will submit proposed procedural changes.
Pension Trustees
7 - Committee Members to be Heard
Members Jensen and Schmalzbauer were congratulated on their reelection
Member Jensen recommended that staff fully apprise disabled employees regarding
related rules.
Member Jensen recommended that the Pension Trustees agenda include an Employees
to be Heard item
Member Jensen encouraged members to attend the October FPPT A (Florida Public
Pension Trustees Association) conference in Bonita Springs.
8 - Adjourn
The meeting adjourned at 9:38 a.m.
C2;i~J;1
Attest:
Pension Advisory Committee
Pension Advisory 2009-07-09
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