01/09/2014 PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
January 9, 2014
Present: Chair Nathan Hightower, Vice-Chair Daniel Slaughter, Committee Member
Tom Jensen, Committee Member/Councilmember Paul Gibson, Committee Member/
Councilmember Bill Jonson, Committee Member/Councilmember Doreen Hock-DiPolito
— arrived 9:13 a.m., Committee Member Bill Renfroe.
Also present: Stuart Kaufman - Pension Advisory Committee Attorney, Joe Roseto —
Human Resources Director, Patricia O. Sullivan - Board Reporter
1. Call to Order
The Chair called the meeting to order at 9:04 a.m. at City Hall.
2. Employees/Citizens to be Heard: None
3. Approval of Minutes
3.1 Approve minutes of December 12, 2013 Pension Advisory Committee meeting
as submitted in written summation.
Member Jensen moved to approve Item 3.1. The motion was duly seconded and
carried unanimously.
4. Review and Action on Employee Requests for Regular Pension
4.1 Recommend approval of the following request of employee Stephen Bohling,
Police Department, for a regular pension as provided by Sections 2.416 and
2.424 of the Employees Pension Plan.
Stephen Bohling, Police Officer, Police Department, was employed by the City
on July 29, 1991 and his pension service credit is effective on that date. His
pension will be effective January 1, 2014. Based on an average salary of
approximately $75,981.41 over the past five years, the formula for computing
regular pensions and Mr. Bohling's selection of the 100% Joint and Survivor
Annuity, this pension benefit will be approximately $45,788.04 annually.
Section 2.416 provides for normal retirement eligibility for hazardous duty
employees, a member shall be eligible for retirement following the earlier of the
date on which the participant has completed twenty (20) years of credited
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service regardless of age, or the date on which the participant has reached fifty
five (55) years and completed ten (10) years of credited service. Mr. Bohling
meets the hazardous duty criteria.
Member Slaughter 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.
Pension Name, Job. Class, & Dept./Div Hire Date Elig. Date
Kimberly Handville, Customer Svc. Rep, Cust Svc Dept. 12/02/2013 12/02/2013
Molly Hays, Library Assistant, Library Department 12/15/2013 12/15/2013
Michael Johnson, Police Comm. Oper., Police Dept. 12/15/2013 12/15/2013
Thomas C. Miller, Solid Waste Worker, Solid Waste 12/16/2013 12/16/2013
Calvin Dollard, Solid Waste Worker, Solid Waste Dept 12/16/2013 12/16/2013
Charles Stewart, Customer Svc Rep, Cust. Svc Dept 12/16/2013 12/16/2013
Member Jonson moved to approve Item 5.1. The motion was duly seconded and
carried unanimously.
The PAC (Pension Advisory Committee) recessed from 9:07 to 9:13 a.m.
6. Pending/New Business
6.1 Hearing for Job-Connected-Disability Pension for Kris Wise
On June 13, 2013, the PAC (Pension Advisory Committee) accepted into evidence Kris
Wise's entire file, inclusive of the personnel file, interrogatories, medical records, and
the IME (Independent Medical Exam).
Member Jonson moved to accept into evidence the December 9, 2013, deposition of
Eric M. Kaplan M.D. and the September 24, 2013, letter from Joseph C. Shanklin M.D.
The motion was duly seconded and carried unanimously.
Attorney for the Committee Stuart Kaufman reviewed hearing procedures, stating the
applicant must meet the burden of proof that his disability is total and permanent.
In response to a question, Joseph A Corsmeier, attorney for Kris Wise, said his client
had received due process. He said Mr. Wise performed admirably since he was sworn
in as a Police Officer in April 1998; he had to discharge his firearm on December 23,
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2012. He said every one of Mr. Wise's doctors indicated he is totally and permanently
disabled. He said only Dr. Kaplan was unable to say Mr. Wise would be disabled in the
future. He said Dr. Kaplan did not seem to understand the Plan's standard requiring
Police Officers to be able to use firearms.
Robert A. Sugarman, Counsel for the Special Council for the Board of Trustees, said
Code requirements to grant a disability pension have not been met. He said while Mr.
Wise suffered a service-connected disability and cannot be a Police Officer today, the
issue is permanence. He said Dr. Kaplan indicated that Mr. Wise received inadequate
care, mapped out appropriate treatment, and said most people diagnosed with PTSD
(Post-Traumatic Stress Disorder) return to work. He said it cannot be known if Mr. Wise
is permanently disabled with no likelihood of recovery until he goes through treatment.
Applicant Kris Wise reviewed his background as a Police Officer, recounted the
shooting incident, and discussed his visits to 7 doctors. He said he had seen his
psychiatrist Dr. Shanklin on a regular basis since February 2013. He said Dr. Shanklin
adjusted his medications and referred him for psychotherapy to Loredana Repetto. He
discussed the trauma reduction therapy, stating he advised Dr. Shanklin he had
stopped the therapy after 8 sessions when he determined it was not helping him. He
said he did not want to shoot anyone again and expressed concern his hesitation would
endanger others. He said he snapped when he first returned to work. He said he works
light duty entering pawn slip data in CID /Burglary, away from the public and he got
anxious when he heard a Code 1. He said he was not entitled to use a firearm. He said
he wanted to return to work and would return today if treatment were successful. He
said fellow Police Officers had recommended Dr. Shanklin; he was comfortable with Dr.
Shanklin's expertise and paid for visits as the doctor did not accept City insurance.
Concerns were expressed that Dr. Kaplan was the only doctor who did not determine
that Mr. Wise's condition was permanent and the Committee had not received Loredana
Repetto's report. It was commented that Dr. Shanklin indicated that Mr. Wise had not
reached maximum medical improvement and probably would improve significantly with
appropriate treatment over the next year.
Attorney Corsmeier said Dr. Shanklin had said Mr. Wise may improve but never would
be able to handle a firearm.
The PAC recessed from 10:00 to 10:05 a.m.
Attorney Sugarman reviewed Dr. Kaplan's history as a psychiatrist treating public safety
workers, the military, physicians, and others with PTSD. He reviewed Dr. Kaplan's
testimony that the majority of patients with PTSD who were interested in returning to
work were able to do so. He said Dr. Kaplan said Mr. Wise was not receiving adequate
treatment or psychotherapy, 8 psychotherapy sessions were inadequate. He said Dr.
Kaplan said weekly sessions were necessary to recover from PTSD and suggested a
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variety of treatments. He said Dr. Kaplan said Mr. Wise exhibited no evidence of
cognitive dysfunction and more likely than not would be able to return to work as a
Police Officer in the next 12 months.
Attorney Corsmeier said Dr. Kaplan's statistics reflected the population as a whole
rather than recovery rates for first responders and his analysis was based on pure
speculation. He said every doctor who examined Mr. Wise, except Dr. Kaplan, said Mr.
Wise's condition was total and permanent and that he would be unable to use a firearm
in the future, even if he improved. He said according to Code, a Police Officer is
disabled if unable to perform the full duties of a Police Officer. He said light duty was
not a Police Officer position. He said Dr. Kaplan based his opinion on only a 75 to 90
minute one-time interview and a review of Mr. Wise's tests.
Attorney Sugarman said no doctor will guarantee treatment. He said Dr. Kaplan's
opinion was based on his examination of Mr. Wise, his review of Mr. Wise's tests, his 23
years of experience, his treatment of patients with life and death jobs, and peer review
literature. He said Dr. Kaplan had recommended 1 or 2 years of psychotherapy
sessions. He said Dr. Kaplan had opined that Mr. Wise's condition was not likely to be
continuous and permanent after adequate treatment and had laid out a route to possible
recovery. He said Mr. Wise had only 13 therapy sessions in 13 months. He
recommended the item be tabled for 6 months to a year to provide Mr. Wise time to
seek treatment and submit treatment results to the Committee if he does not improve.
Attorney Corsmeier said Mr. Wise had testified that he had not improved. He said Dr.
Shanklin's opinion that Mr. Wise was permanently and totally disabled and would not be
able to use a firearm was based on his continuous treatment of Mr. Wise while Dr.
Kaplan's opinion was based on 1 short interview 7 months ago. He said while the City
provided him light duty work, Mr. Wise was a Police Officer but was unable to act as a
Police Officer.
Attorney Kaufman said the Committee needed to determine if Mr. Wise's condition was
permanent. He said the medical records were conflicting, with 4 doctors finding his
disability total and permanent and 1 doctor finding his disability total but not permanent.
Human Resources Director Joe Roseto said while accommodation was made for Mr.
Wise, the City had no permanent light duty positions. He reviewed annual requirements
for those receiving disability pensions.
Concerns were expressed that Dr. Kaplan's opinion was based on a single examination
of Mr. Wise last May while Dr. Shanklin had treated Mr. Wise on an ongoing basis and
was more knowledgeable of Mr. Wise's progress and condition.
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Member Gibson moved to table Item 6.1 until Mr. Wise elects to return to the PAC with
evidence that the permanence of his disability meets the standard in the Code. The
motion was duly seconded.
Mr. Wise was commended for his actions on the night of the shooting incident.
It was felt that while these issues were complex, the Committee could not determine the
permanence of Mr. Wise's condition until he received treatment. It was stated the IME
indicated rigorous treatment could be of significant help. It was felt the history of
treatment was insufficient. It was stated that Dr. Shanklin had not provided his
background information while Dr Kaplan had strong credentials and a history of working
with public service workers with PTSD. It was felt Dr. Kaplan's opinion was valid
because he did not have a personal relationship with the patient. It was noted that Dr.
Shaklin had not stated he was confident that Mr. Wise would not be able to return to
work as a Police Officer.
It was felt that Dr. Kaplan's opinion could contain bias as he serves as the City's IME
doctor. It was noted that Dr. Shanklin was a licensed physician with a valid opinion. It
was stated the evidence was clear and convincing that Mr. Wise was working with his
psychiatrist with a treatment plan and was unable to return to work in an environment
where he would face continuous triggers and react improperly should an active shooting
occur. It was commented that Dr. Shanklin did not infer that Mr. Wise would be able to
return to his position as a Police Officer. It was felt deferring approval of the application
was inappropriate. Concern was expressed that Dr. Kaplan's position had changed
from recommending a 6-month window for recovery to a much longer window. It was
stated a recent examination by Dr. Kaplan would have been appropriate.
Upon the vote being taken, Members Jensen, Gibson, Jonson, and Hock-DiPolito voted
"Aye"; Members Slaughter, Renfroe, and Chair Hightower voted "Nay." Motion carried.
Attorney Kaufman suggested Mr. Wise consider the IME recommendation for 4 to 6
months of treatment and types of treatment.
It was noted the Committee could not dictate treatment protocols. It was suggested that
documentation from Loredana Repetto be submitted for the record. Concern was
expressed that Mr. Wise's treatment seemed to have been sporadic. Mr. Wise was
encouraged to review treatment protocols with his doctor and avail himself of continuing
psychotherapy or treatment options based on a program to get well. It was suggested
that after 6 to 12 months of weekly psychotherapy, an examination would better
determine if Mr. Wise's condition is permanent.
Concern was expressed that the Committee's two Police Officers, who were most
familiar with requirements of the position, had opined that Mr. Wise was unable to serve
as a Police Officer and opposed the motion to table this Item.
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Mr. Wise said Dr. Kaplan had missed his underlying issue. He said he thought he
would get better but his main problem will never go away. He said he shot a man and
would never be able to do that again. He said he did not want to be responsible for the
deaths of others due to his inability to use his firearm.
7. Director's Reports
Mr. Roseto requested that the Committee schedule a preliminary hearing for Beverly
Ice's disability application.
Consensus was to schedule a preliminary hearing for Beverly Ice's disability application
on February 13, 2014.
8. Committee Members to be Heard: None
9. Adjourn
The meeting adjourned at 11:39 a.m.
Chair
Pension A: visory Committee
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