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08/14/2014 Pension Advisory Committee Meeting Minutes August 14, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 m w Wes: ' e Meeting Minutes Thursday, August 14, 2014 9:00 AM Council Chambers - City Hall Pension Advisory Committee 1 City of Clearwater Pension Advisory Committee Meeting Minutes August 14, 2014 Present: Chair Nathan Hightower, Vice-Chair Daniel Slaughter, Committee Member Tom Jensen, Committee Member/Councilmember Doreen Hock-DiPolito, Committee Member/Councilmember Hoyt Hamilton, Committee Member Laura Damico Absent: Committee Member/Councilmember Bill Jonson Also present: Stuart Kaufman - Pension Advisory Committee Attorney, Joe Roseto — Human Resources Director, Nicole Sprague — ORLS Coordinator, 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 8, 2014 Pension Advisory Committee meeting as submitted in written summation. Member Slaughter moved to approve the minutes of the July 8, 2014 Pension Advisory Committee minutes as submitted in written summation. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda: None 4. New Business Items 4.1 Recommend approval of the following request of employees Michael Duffey, Police Department, Willie Porter, Engineering Department, and Ken Sides, Engineering Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. Michael Duffey, Police Officer, Police Department, was employed by the City on October 2, 1995 and his pension service credit is effective on that date. His pension will be effective August 1, 2014. Based on an average salary of approximately $72,003.19 over the past five years, the formula for computing regular pensions and Mr. Duffey's selection of the 50% Joint and Survivor Annuity, this pension benefit will be approximately $38,490.84 annually. Willie Porter, Street Sweeper Operator, Engineering Department, was employed by the City on August 8, 1994 and his pension service credit is effective on that date. His pension will be effective October 1, 2014. Based on an average salary of approximately $42,318.86 over the past five years, the formula for computing regular pensions and Mr. Porter's selection of the 50% Joint and Survivor Annuity, this pension benefit will be approximately $21,175.08 annually. Ken Sides, Senior Professional Engineer, Engineering Department, was employed by the City on January 5, 1998 and his pension service credit is effective on that date. His pension will be effective September 1, 2014. Based on an average salary of approximately $71,504.38 over the past five years, the 2 City of Clearwater Pension Advisory Committee Meeting Minutes August 14, 2014 formula for computing regular pensions and Mr. Sides' selection of the 75% Joint and Survivor Annuity, this pension benefit will be approximately $32,513.76 annually. 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 fifty-five (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. Mr. Porter and Mr. Sides have met the non-hazardous duty criteria. 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 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. Duffey has met the hazardous duty criteria. Member Slaughter moved to recommend approval of the following requests of employees Michael Duffey, Police Department, Willie Porter,Engineering Department, and Ken Sides, Engineering Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. The motion was duly seconded and carried unanimously. 4.2 Recommend approval of the following request of employees Marsha Beall, Parks and Recreation Department and David Humphrey, Police Department, to vest their pensions as provided by Section 2.419 of the Employees' Pension Plan. Marsha Beall, Staff Assistant, Parks and Recreation Department, was employed by the City on December 1, 2003, and began participating in the Pension Plan on that date. Ms. Beall terminated from City employment on July 12, 2014. David Humphrey, Police Service Technician, Police Department, was employed by the City on January 23, 1995 and began participating in the Pension Plan on that date. Mr. Humphrey terminated from City employment on July 23, 2014. The Employees' Pension Plan provides that should an employee cease to be 3 City of Clearwater Pension Advisory Committee Meeting Minutes August 14, 2014 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. 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 fifty-five (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. Beall and Mr. Humphrey will meet the non-hazardous duty criteria and begin collecting a pension in March 2016 and February 2015, respectively. Member Jensen moved to recommend approval of the following request of employees Marsha Beall, Parks and Recreation Department and David Humphrey, Police Department, to vest their pensions as provided by Section 2.419 of the Employees' Pension Plan. The motion was duly seconded and carried unanimously. 4.3 Recommend approval of the new hires for acceptance into the Pension Plan as listed. Pension Name, Job. Class, & Dept./Div. Elig. Date Wayne Daniel, Fleet Mechanic, General Services Department 06/30/2014 Douglas Hunt, Solid Waste Equipment Operator, Solid Waste Department 06/30/2014 Charles Flounoy, Solid Waste Equipment Operator, Solid Waste Department 06/30/2014 Sarah Rachel, Utilities Chemist, Public Utilities Department 06/30/2014 Lori Burdell, Recreation Programmer, Parks & Recreation Department 07/12/2014 W. David Barnhart, Industrial Pretreatment Tech, Public Utilities Department 07/14/2014 John Beebe, Fire Inspector II, Fire Department 07/14/2014 Scott Boeckel, Police Officer, Police Department 07/14/2014 Christopher Cleveland, Solid Waste Equipment Operator, Solid Waste Department 07/14/2014 Raniel Heredia, Police Officer, Police Department 07/14/2014 Ryan Hobert, Police Officer, Police Department 07/14/2014 4 City of Clearwater Pension Advisory Committee Meeting Minutes August 14, 2014 Joshua Gibson, Police Officer, Police Department Steven Venezia, Police Officer, Police Department Amber Priester, Library Assistant, Library Department Christa Smith, Librarian I, Library Department Belen Rubin, Library Assistant, Library Department Joshua Sherman, Solid Waste Equipment Operator, Solid Waste Department Jonathen Trafford, Field Service Representative, Customer Service Department 07/14/2014 07/14/2014 07/26/2014 07/26/2014 07/28/2014 07/28/2014 07/28/2014 Member Hock - DiPolito moved to recommend approval of the new hires for acceptance into the Pension Plan as listed. The motion was duly seconded and carried unanimously. 4.4 Inform hearing for Steven Corrao for job- connected disability pension. Attorney for the Committee Stuart Kaufman discussed Pension Plan rules. He reviewed Steve Corrao's application for a job- connected disability pension and requirements of the Code. Mr. Corrao was injured on the job. None of the listed exclusions applied. Attorney Kaufman said Jorge Rodriquez, M.D. performed the IME (Independent Medical Exam) on May 29, 2014. Unfamiliar with pension requirements related to hazardous duty, he initially reported that Mr. Corrao was not disabled. Human Resources Director Joe Roseto explained Pension Plan standards to Dr. Rodriguez and requested clarification. Dr. Rodriguez issued an updated report on July 18, 2014, stating that Mr. Corrao was totally and permanently disabled from performing hazardous duties. Member Slaughter moved for the PAC (Pension Advisory Committee) to consider Mr. Corrao's request for a job- connected disability pension today. The motion was duly seconded and carried unanimously. It was noted that pages 656 and 657 in the report referenced a different employee. Member Jensen moved to accept into evidence the entire file, excluding pages 656 and 657 of the report and inclusive of the personnel file, interrogatories, medical records, and the IME. The motion was duly seconded and carried unanimously. It was stated that IME documentation should indicate cause of injury. Member Damico moved that Steve Corrao met the requirements for a job - related disability pension as he was disabled by reason of an injury suffered or an illness contracted in the line of duty, such disability is likely to be continuous and permanent from a cause other than those listed as general disability exclusions, and he is unable, by reason of a medically determinable physical or mental impairment, to render useful 5 City of Clearwater Pension Advisory Committee Meeting Minutes August 14, 2014 and efficient service as a police officer. The motion was duly seconded and carried unanimously. 4.5 Hearing for Linda Leaghty for a job-connected disability pension Attorney Kaufman reviewed Linda Leaghty's application for a job-connected disability pension. General employees did not qualify for disability pension benefits for disabilities caused by preexisting conditions. IME doctor Eric Kaplan M.D. opined that Ms. Leaghty's disability was not total and permanent but was chronic and predated her employment with the City. Ms. Leaghty began working for the City in 1998. Member Jensen moved to accept into evidence the entire file, inclusive of the personnel file, interrogatories, medical records, and the IME. The motion was duly seconded and carried unanimously. Richard McCleary, attorney for Linda Leaghty, said she first received medical treatment for her disabling condition following a crisis hospitalization in 2004; Ms. Leagthy continued working at the library for many years afterwards. He said her treating psychiatrist, Joseph Shanklin M.D., saw her regularly and oversaw her medications. He encouraged the committee to place greater weight on Dr. Shanklin's opinion due to his long-term relationship with Ms. Leagthy vs. her single meeting with Dr. Kaplan. Robert A. Sugarman, Counsel for the Special Council for the Board of Trustees, said the Code directed the PAC to consider all evidence. He said the Code did not require prior treatment for a preexisting condition but required evidence that the disability was caused by the preexisting condition. He reviewed preexisting mental health medical conditions Ms. Leagthy had disclosed to the doctors. He said conflicting evidence was presented, Dr. Shanklin said Ms. Leagthy was disabled and Dr. Kaplan disagreed. Attorney McCleary questioned Ms. Leaghty re mental health incidences they had discovered: 1) After her grandfather's death when she was of middle school age, she met with a counselor for a short time and 2) in the early 90s, her employer sent her for a psychological evaluation. She said after her grandfather's death she was not prescribed medication and had no follow-up treatment. She said when she worked at a group home in the 90s, she was overwhelmed by responsibilities. She said she met with a work coach and received unemployment. She said her treatment did not include medication or counseling. She said before 2004 she did not seek counseling and no doctor referred her to a psychiatrist. She said she went to Directions for Living after she lost her health insurance, Dr. Shanklin was current on her case. Ms. Leaghty said after her 2004 hospitalization, Dr. Shanklin suggested she return to work. She said following her transfers to other library branches, she 6 City of Clearwater Pension Advisory Committee Meeting Minutes August 14, 2014 began having problems in 2010 with concentration, performing tasks, making mistakes, adhering to changing rules, and dealing with department cutbacks and her weight gain. She said before March 2013, Dr.Shanklin suggested she consider leaving her job due to her inability to concentrate and perform tasks she once could accomplish without problem. She said she met with Dr. Kaplan for 2 hours and spent 2 % hours alone taking the Minnesota Test, the doctor's office did not contact her afterwards. Ms. Leaghty reviewed her work history since college graduation. Her only library job was with the Clearwater Library. She said the City sent her for a functional capacity test in 2012. She said she had no history of drug or alcohol abuse. Attorney Sugarman said Dr. Shanklin reported Ms. Leaghty had a record of psychological issues and interpersonal relationship problems since her teens. Ms. Leaghty said she was shy and did not want to be part of a group. Attorney Sugarman said Dr. Kaplan reported Ms. Leaghty's symptoms were chronic, began around age 26, increased with time, and her psychiatric evaluation and Baker Act in 1993 were followed by psychotherapy until 1994. In response to questions from Attorney Sugarman, Ms. Leaghty said she did not remember telling doctors she previously suffered from depression or had psychotherapy. She did not remember being hospitalized for mental health care in 1993. She said she did not drive, her mother drove her to appointments. She reviewed her daily activities and medications. She said she saw the doctor every 3 months and she was trying to get better, she said she improved with medications. In response to questions, Attorney McCleary said Ms. Leaghty's annual employee reviews stated she met expectations and qualified for normal pay increases. He said her last review was negative and indicated she was unable to do her work. He said she applied for a job-connected disability caused by changes to her job duties. Attorney Kaufman said the applicant must prove the injury or illness was contracted in the line of duty. He said testimony from Dr. Shanklin and Dr. Kaplan described her condition as preexisting. In response to questions, Attorney Sugarman reviewed the Code re preexisting conditions; the City was required to provide substantial and competent evidence that a preexisting condition caused the disability. He said Baker Act was a Florida term and Ms. Leaghty lived in Pennsylvania in 1993. He said Ms. Leaghty had self-reported her prior mental health problems in the doctors'reports. He said Dr. Kaplan reported some exaggeration by Ms. Leaghty and opined she could return to work after treatment. Attorney Sugarman said the doctor reports indicated that mental City of Clearwater Pension Advisory Committee Meeting Minutes August 14, 2014 health problems surfaced during Ms. Leaghty's teens and something happened in her life around age 29. He said the PAC would need to establish by competent substantial evidence that a condition, preexisting Ms. Leaghty's participation in the plan and unrelated to her 13 years of satisfactory work performance, caused her later impairment. Attorney McCleary said Ms. Leaghty was entitled to deference re the onset of her disability due to conflicting evidence. He said he tried to obtain records re medical treatment during 1993194 but was told none existed. He said Ms. Leaghty could not have been Baker Acted, Ms. Leaghty testified she did not remember being hospitalized in 1993. He said Ms. Leaghty was not hospitalized or prescribed medication before 2004 and her only previous treatment for a mental health issue was when her grandfather died. He said she had a good work history even with her difficulty being with others. He said something happened during her employment with the City that made her unable to continue doing her job. He said she was precluded from applying for disability through Social Security and had no other options for receiving a stipend to cover expenses. Discussion ensued with comments that Ms. Leaghty's preexisting condition caused her disability and concern expressed that no documentation or verification re a preexisting condition had been presented. It was stated that a Baker Act, on its own, did not prove existence of mental illness. It was stated that Ms. Leaghty could apply for a non-job-connected disability pension if the PAC determined her disability was not job-connected. Member Jensen moved that Linda Leaghty had met the burden of proof and was totally and permanently disabled. The motion was duly seconded and carried unanimously. Member Jensen moved that Linda Leaghty's disability was job-connected. There was no second. Member Slaughter moved that Linda Leaghty's disability was not job- connected. The motion was duly seconded and carried unanimously. 4.6 Hearing for Kris Wise forjob-connected disability pension On June 13, 2013, the PAC accepted into evidence Kris Wise's file, inclusive of the personnel file, interrogatories, medical records, and the IME. On January 9, 2014, the PAC accepted into evidence the December 9, 2013 deposition of Eric Kaplan M.D. and the September 24, 2013 letter from Joseph Shanklin M.D. On January 9, 2014, the PAC tabled Kris Wise's request for a job-connected disability until he elected to return and provide evidence that his disability met Code standards. Attorney Kaufman said Joseph Corsmeier, attorney for Kris Wise, submitted additional medical records. IME doctor, Eric Kaplan M.D., reported that s City of Clearwater Pension Advisory Committee Meeting Minutes August 14, 2014 based on additional medical records, Kris Wise was totally and permanently disabled. Attorney Kaufman said all parties concurred that Mr. Wise's disability was total and permanent. Member Jensen moved that the PAC accepted into evidence Kris Wise's medical records from Joseph Shanklin M.D., Jemie Russell PhD, and Eric Kaplan M.D. and all records received since January 2014. The motion was duly seconded and carried unanimously. Mr. Wise was thanked for his service to the City and offered best wishes for his future endeavors. Member Hamilton moved that Kris Wise met the requirements for a job-related disability pension as he was disabled by reason of an injury suffered or an illness contracted in the line of duty, such disability is likely to be continuous and permanent from a cause other than those listed as general disability exclusions, and he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a police officer. The motion was duly seconded and carried unanimously. 5. Director's Report: None. 6. Committee Members to be Heard Concern was expressed re Ms. Leaghty's circumstances. Discussion ensued re the approval process for disability pension applications submitted by Steve Corrao and Kris Wise with comments that the process was unfair and frustration expressed that Mr. Wise had to jump through hoops while Mr. Carrao, with a minor injury easily repairable by minor surgery, sailed through the process. Attorney Kaufman said state law prohibits the pension committee from requiring a disability applicant to have surgery. It was recommended that the State revisit the law now that surgery was less risky. In response to a suggestion, Attorney Kaufman said state law allowed permanent light duty for hazardous duty employees with no loss of pay or benefits. Human Resources Director Joe Roseto said the City no longer had permanent light duty positions. It was stated if light duty positions were permanent, the Police Department could have an insufficient number of active officers to respond to emergencies. In response to a question, Attorney Kaufman recommended the City continue to follow its annual recertification schedule for disabled pensioners. 9 City of Clearwater Pension Advisory Committee 7. Adjourn Meeting Minutes The meeting adjourned at 11:02 a.m. August 14, 2014 Chair Attest: L Pension Advisory Committee Boa d Reporter City of Clearwater 10