08/08/2013 PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
August 8, 2013
Present: Chair Nathan Hightower, Vice-Chair Daniel Slaughter, Committee Member
Tom Jensen, Committee Member/Councilmember Paul Gibson, Committee Member/
Councilmember Bill Jonson, Committee Member Bill Renfroe.
Absent: Committee Member/Councilmember Doreen Hock-DiPolito
Also present: Bob Klausner- Pension Advisory Committee Attorney — arrived 9:22 a.m.,
Joe Roseto — Human Resources Director, Patricia O. Sullivan - Board Reporter
1. Call to Order
The Chair called the meeting to order at 9:00 a.m. at City Hall.
2. Approval of Minutes
2.1 Approve minutes of July 11, 2013, Pension Advisory Committee meeting as
submitted in written summation.
Member Jonson moved to approve Item 2.1. The motion was duly seconded and
carried unanimously.
3. Employees to be Heard: None.
4. Review and Action on Employee Requests to Vest Pensions
4.1 Recommend approval of the request of employee Shannon R. Hladik of the
Police Department to vest her pension as provided by Section 2.419 of the
Employees Pension Plan.
Shannon R. Hladik, Police Officer, Police Department, was employed by the City
on December 2, 2002, and began participating in the Pension Plan on that date.
Ms. Hladik terminated from City employment on July 20, 2013.
The Employees' Pension Plan provides that should an employee cease to be an
employee of the City of Clearwater or change status from full-time to part-time
after completing ten or more years of creditable service (pension participation),
such employee shall acquire a vested interest in the retirement benefits. Vested
Pension payments commence on the first of the month following the month in
which the employee normally would have been eligible for retirement.
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Section 2.416 provides for normal retirement eligibility for non-hazardous duty
employees hired prior to the effective date of this reinstatement (1/1/13), a
member shall be eligible for retirement following the earlier of the date on which
a participant has reached the age of 55 years and completed twenty (20) years
of credited service; the date on which a participant has reached age sixty five
(65) years and completed ten (10) years of credited service; or the date on which
a member has completed thirty (30) years of service regardless of age. For non-
hazardous duty employees hired on or after the effective date of this
restatement, a member shall be eligible for retirement following the earlier of the
date on which a participant has reached the age of sixty (60) years and
completed twenty five (25) years of credited service; or the date on which a
participant has reached the age of sixty five (65) years and completed ten (10)
years of credited service. Ms. Hladik will meet the hazardous duty criteria and
begin collecting a pension in January 2023.
Member Jensen moved to approve Item 4.1. The motion was duly seconded and
carried unanimously.
5. Approval of New Hires as Plan Members:
5.1 Recommend approval of the new hires for acceptance into the pension plan as
listed.
Name, Job. Class, & Dept./Div. Hire Date Elig. Date
Melissa Hauck-Baker, Planner II, Planning & Dev 07/08/2013 07/08/2013
Jennifer Milano, Library Assistant, Library Dept 07/13/2013 07/13/2013
Audra Aja, Econ Dev Coordinator, Economic Dev Dept 07/15/2013 07/15/2013
Patricia Hostetler, Police Aide, Library 07/15/2013 07/15/2013
Elizabeth Watts, Police Officer, Police Dept 07/15/2013 07/15/2013
Michael Stanley, Police Officer, Police Dept 07/15/2013 07/15/2013
Sean Phelps, Police Officer, Police Dept 07/15/2013 07/15/2013
Brian Kanicki, Police Officer, Police Dept 07/15/2013 07/15/2013
Brinton George, Police Officer, Police Dept 07/15/2013 07/15/2013
Christopher England, Police Officer, Police Dept 07/15/2013 07/15/2013
Michelle Brunozzi, Police Officer, Police Dept 07/15/2013 07/15/2013
Brad Allen, Police Officer, Police Dept 07/15/2013 07/15/2013
Kevin Whitlow, Rec Specialist, Parks and Rec. Dept 07/15/2013 07/15/2013
Jason Bellinger, Fleet Mechanic, General Svcs. Dept 07/15/2013 07/15/2013
Member Renfroe moved to approve Item 5.1. The motion was duly seconded and
carried unanimously.
6. Pending/New Business
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6.1 Approve the revisions to the Pension Advisory Committee Policies and
Procedures Manual.
Human Resources Director Joe Roseto distributed suggested changes to the Policies
and Procedures Manual that clarify the PAC (Pension Advisory Committee) attorney's
ability to request additional information from the applicant.
Committee Attorney Bob Klausner reviewed proposed language to add to Section IV
procedures regarding contested disability benefit applications, indicating the PAC, with
advice from Fund counsel, will select the advocate on behalf of the Pension Fund, the
advocate shall be an experienced pension attorney, from the area when possible, the
Administrator shall direct the advocate, members will forward concerns and questions to
the advocate via Fund counsel, and Fund counsel will review billing from the advocate
to insure consistency. He said Fund counsel will serve as a clearing house for legal
issues to make certain the legal interests of the Plan and PAC are protected. A limited
number of pension attorneys practice in Florida.
In response to questions, Attorney Klausner said at a disability hearing, Fund counsel
represents the PAC and helps members follow the law, the applicant and/or
representative presents information advocating approval of the disability pension, and
the committee's advocate presents information promoting denial of the disability
pension. Fund counsel represents the committee if its decision and Final Order is
appealed.
Discussion ensued with a recommendation that the word "experience" be replaced with
"expertise." It was commented that after the current case is heard, the committee can
review language for possible changes. In response to a concern that the disability
pension process is lengthy and burdensome to applicants and the City, Attorney
Klausner said when the committee reviews language for possible changes, they also
can consider ways to speed the process. In response to a question, he estimated the
hearing for Kris Wise's disability pension application will not be scheduled for at least
two months due to the volume of information related to the case.
Attorney Klausner said motions to schedule a hearing to consider a disability pension
application should include language directing Fund counsel to hire an attorney to serve
as advocate, representing the Plan. Concern was expressed proposed language
directs the PAC to obtain Fund counsel advise before it hires an advocate.
Staff will forward marked and clean copies of the Policies and Procedures Manual to
committee members prior to the September meeting; the document will be placed on
the agenda for discussion and approval.
7. Director's Reports
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Mr. Roseto reviewed City policy related to the Sunshine Law; City Council and advisory
board members are not to communicate with other members via email but instead
should forward information to their liaisons for dissemination to other members.
Discussion ensued with concern expressed that the policy does not have to be followed
as it is more restrictive than the Sunshine Law. It was stated to avoid crossing any line
and possibly creating a public perception of impropriety, it is easier to follow City policy
when distributing information.
Mr. Roseto said members cannot abstain from a vote unless a Conflict of Interest exists.
Attorney Klausner said members can vote for their retirement pensions as a normal
course of committee duties but if a committee member's disability pension application is
considered, that member should leave the dais and not participate in discussions nor
vote.
8. Committee Members to be Heard: None.
9. Adjourn
The meeting adjourned at 10:08 a.m.
Chair
Pension Advisory Committee
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