04/08/2010PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
April 8, 2010
Present: Tom Jensen
John Schmalzbauer
John Doran
Paul Gibson
Brian De Witt
William C. Jonson
Absent:
Nathan Hightower
Vice-Chair
Committee Member
Committee Member/Councilmember
Committee Member/Councilmember
Committee Member
Committee Member/Councilmember
Chair
Also Present: Stuart Kaufman Pension Advisory Committee Attorney
Joe Roseto Human Resources Director
Patricia O. Sullivan Board Reporter
The Vice-Chair called the meeting to order at 9:05 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
2.1. Approve Pension Advisorv Committee minutes of the March 11. 2010 meeti
Member Schmalzbauer moved to approve the minutes of the regular Pension Advisory
Committee meeting of March 11, 2010, as submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
3 - Approval of New Hires as Plan Members:
3.1. Employees listed be approved for acceptance into the City of Clearwater Employee's
Pension Plan
Plan:
Member Doran moved to accept the following employee into membership in the Pension
Name, Job. Class, & Dept./Div.
Alexander Lane, Public Services Technician I/Public Services
Brett Jennings, Solid Waste Worker/Solid Waste
Charles King, Solid Waste Worker/Solid Waste
Geri West, Police Communications Operator Trainee/Police
James Ford, Public Utilities Technician I/Public Utilities
Denise Hirons, Police Communications Operator/Police
Vincenza Gatti, Property Clerk/Police
Lisa Pennamacoor, Police Information Technician I/Police
Ryan Reilly, Parks Service Technician I/Parks & Recreation
Pension
Hire Date Elig. Date
03/01/10 03/01/10
11/23/09 03/01/10
10/27/09 03/01/10
03/01/10 03/01/10
03/01/10 03/01/10
03/01/10 03/01/10
03/15/10 03/15/10
03/15/10 03/15/10
03/15/10 03/15/10
Pension Advisory 2010-04-08
Charles King originally was employed as a temporary employee on October 27, 2009
and Brett Jennings originally was employed as a temporary employee on November 23, 2009;
both were transferred to permanent and pension eligible as of March 1, 2010.
The motion was duly seconded and carried unanimously.
4 - Pending/New Business:
4.1. Review and schedule Terence Costello for a disability hearing
Pension Advisory Committee Attorney Stuart Kaufman reviewed disability hearing
procedures. He said Terence Costello worked 18 years as a City firefighter. The PAC (Pension
Advisory Committee) received copies of Mr. Costello's medical records and March 29, 2010,
IME (Independent Medical Exam). Attorney Kaufman reviewed issues related to Mr. Costello's
heart disease and said IME doctor, Jose Cura, Jr. M.D., had opined that Mr. Costello is totally
and permanently disabled from performing his duties as a Clearwater firefighter. Dr. Cura also
wrote that it was more likely that Mr. Costello's job was not a causative factor for his heart
disease.
Attorney Kaufman said Florida Statute 112.18 affords special disability protections for
firefighters. Heart disease resulting in a total disability shall be presumed to have been
accidental and to have been suffered in the line of duty unless the contrary is shown by
competent evidence. Attorney Kaufman said evidence is not available that would overcome the
presumption that Mr. Costello's heart disease was job-related.
Attorney Richard Sicking, representing Terence Costello, reviewed State law and
medical opinion related to Mr. Costello's heart disease. He said job stress triggered Mr.
Costello's last heart episode. He said heart disease was detected during Mr. Costello's last
annual physical examination. He said heart problems had not been detected during any of Mr.
Costello's previous annual physical examinations.
Attorney Kaufman said PAC rules require that the pre-employment physical examination
did not identify heart disease as a preexisting condition. He said the City cannot locate a copy
of Mr. Costello's pre-employment physical examination.
Member Schmalzbauer moved to accept into evidence the entire file, inclusive of the
personnel file, interrogatories, medical records, and the IME (Independent Medical Exam). The
motion was duly seconded and carried unanimously.
Member DeWitt moved that Terence Costello is disabled due to a job-connected
sickness or injury that is not a result of a preexisting condition, such disability is likely to be
continuous and permanent, and such disability renders the participant unable to perform duties
as a firefighter. The motion was duly seconded and carried unanimously.
Mr. Costello was thanked for his service to the City.
4.2. Employee-elected members appoint an election committee
Pension Advisory 2010-04-08 2
Consensus was for Member Jensen to organize and serve on the election committee.
4.3. Appoint a new Chair since the reappointment of Nathan Hightower
Consensus was to continue Item 4.3 to May 13, 2010.
5 - Director's Reports:
Human Resources Director Joe Roseto said Terence Costello had been a credit to the
Fire Department and will be sorely missed. He wished him well.
Attorney Kaufman said the City is awaiting the court's decision regarding Thomas
Stubblefield's appeal of the PAC decision.
Attorney Kaufman reviewed pending legislation that would reduce firefighter pension
benefits. Attorney Sicking said the legislation also would affect public employee pensions.
Attorney Kaufman thanked Members Doran and DeWitt for attending his law firm's
annual conference. He discussed services provided by one conference presenter that monitors
securities fraud. He suggested scheduling a presentation by the firm to the PAC and Pension
Trustees.
Consensus was for the securities fraud monitoring firm to make a presentation to the
Pension Trustees with invitations provided PAC members.
Attorney Kaufman reviewed charges brought against pension board members in San
Diego and Detroit.
6 - Committee Members to be Heard:
All members thanked Terrence Costello for his service to the City and wished him well.
Members DeWitt and Doran discussed subjects reviewed at the recent conference and
thanked Attorney Kaufman for hosting it.
Member Jonson said he had requested a comparison of Pension costs versus Social
Security.
7 - Adjourn
The meeting adjourned at 9:55 a.m.
Chair
Pension Advisory
3
Pension Advisory 2010-04-08