03/10/2011
PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
March 10, 2011
Present: Nathan Hightower Chair
Tom Jensen Vice-Chair
John Schmalzbauer Committee Member
John Doran Committee Member/Councilmember
Paul Gibson Committee Member/Councilmember
Brian De Witt Committee Member
Absent: Bill Jonson Committee Member/Councilmember
Also Present: Stuart Kaufman Pension Advisory Committee Attorney
Joe Roseto Human Resources Director
Patricia O. Sullivan Board Reporter
The 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
– February 10, 2011
Member Doran moved to approve the minutes of the regular Pension Advisory
Committee meeting of February 10, 2011, as submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
3– Action Items
:
3.1 Recommend approval of the request of employee Elizabeth Garrett, Parks & Recreation
Department, for a regular pension as provided by Sections 2.397 and 2.398 of the Employees’
Pension Plan.
Elizabeth Garrett, Recreation Leader, II, Parks & Recreation Department, was employed
by the City on September 24, 1976, and her pension service credit is effective on July 2, 1991.
Her pension will be effective July 1, 2011. Based on an average salary of approximately
$37,765 per year over the past five years, the formula for computing regular pensions, and Ms.
Garrett’s selection of the Joint & Survivor Annuity, this pension will approximate $20,771
annually.
Section 2.397 provides for normal retirement eligibility when a participant has completed
thirty years of credited service, has reached age 55 and completed twenty years of credited
service, or has reached age 65 and completed ten years of credited service. Ms. Garrett
qualifies under the age 65 and ten years of service criteria.
Member Jensen moved to recommend approval of the request of employee Elizabeth
Garrett, Parks & Recreation Department, for a regular pension as provided by Sections 2.397
Pension Advisory 2011-03-10 1
and 2.398 of the Employees’ Pension Plan. The motion was duly seconded and carried
unanimously.
4. Approval of New Hires as Plan Members
4.1 Recommend approval of new hires for acceptance in the Pension Plan as listed.
David Pritchett, SCBA Maintenance Technician/Fire 02/14/11 02/14/11
Christopher Perrin, SW Equip. Oper./Solid Waste/General Svcs. 02/14/11 02/14/11
Ricky Taylor, WWTP Operator Trainee/Public Utilities 02/14/11 02/14/11
Jean Louis, Sr. Systems Programmer/Information Technology 02/14/11 02/14/11
Norton McGiffin, Parking Enforcement Specialist/Engineering 07/17/10 02/14/11
Julianne Maran, Parking Enforcement Specialist/Engineering 02/14/11 02/14/11
Richard Chapman, Network Analyst/Information Technology 01/31/11 01/31/11
Amelia Adams, Accounting Clerk/Finance 01/31/11 01/31/11
Norton McGiffin originally was hired as part-time on July 17, 2010; status changed to full-
time and pension eligible as of February 14, 2011.
Member De Witt moved to recommend approval of new hires for acceptance in the
Pension Plan as listed. The motion was duly seconded and carried unanimously.
5 – Pending/New Business
5.1 Hearing regarding Darrell Folk's request for disability pension.
Human Resources Director Joe Roseto said Darrell Folk had applied for a job-connected
disability pension. The IME (Independent Medical Exam) reported Mr. Folk’s disability is not
permanent and he could return to work in six months as long he is not exposed to issues related
to the application. Mr. Roseto said it would be difficult for a Police Officer to avoid those issues.
Pension Advisory Committee Attorney Stuart Kaufman said no testimony can be heard
today. The IME cited no evidence that Mr. Folk is malingering. The IME indicated that Mr. Folk
is totally disabled and his disability is service connected. The permanency of his condition is of
concern. The PAC (Pension Advisory Committee) needs to decide which medical evidence it
will consider. The committee is not to consider the cost of the benefit.
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.
Mr. Roseto said it would be difficult to assign Mr. Folk to a light duty position in the
Police Department where he would not be exposed to issues that may exacerbate his condition;
the City would have to grant Mr. Folk a leave of absence until he could be reevaluated. Mr.
Folk’s doctors have indicated his condition is permanent.
Discussion ensued with concerns expressed that contradictions exist in submitted
documentation, Mr. Folk may never be able to return to Police work, and none of the
evaluations states that Mr. Folk’s condition is permanent and total, as required by Code. It was
Pension Advisory 2011-03-10 2
noted that the Code permits future examinations to determine if Mr. Folk's condition has
improved.
Member Jensen moved that Darrell Michael Folk is disabled due to a job-connected
sickness or injury, such disability is likely to be continuous and permanent from a cause other
than those listed as general disability exclusions, and such disability renders the participant
unable to perform any useful, meaningful, and necessary work for the employer. The motion
was duly seconded. Members Jensen, Schmalzbauer, Doran, and De Witt voted "Aye";
Member Gibson and Chair Hightower voted "Nay." Motion carried.
6 - Director's Report
Mr. Roseto reported that attendance via telephone still requires a physical quorum.
Attendance via telephone is not a matter of policy for City committees but would be permitted for
special circumstances as long as facilities are available; telephone conferencing is not possible
in Chambers.
7 - Committee Members to be Heard
Member Doran said he looked forward to attending the board attorneys' annual
conference.
Staff will report on who oversees the City's asset management list.
8 - Adjourn
The meeting adjourned at 9:37 a.m.
? .1
r
/r
Chair
Pension Advisory Committee
Pension Advisory 2011-03-10 3