09/13/2004
TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
CITY OF CLEARWATER
September 13, 2004
Present: Brian Aungst Chair
Hoyt Hamilton Trustee
Frank Hibbard Trustee
William C. Jonson Trustee
Carlen Petersen Trustee
Also Present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Pamela K. Akin City Attorney
Joe Roseto Human Resources Director
Cyndie Goudeau City Clerk
Brenda Moses Board Reporter
The Chair called the meeting to order at 2:06 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Approval of Minutes – August 2, 2004
Trustee Hibbard moved to approve the minutes of the regular meeting of August 2, 2004,
motion
as submitted in written summation by the City Clerk to each Trustee. The was duly
carried
seconded and unanimously.
1. Accept the employees listed below into membership in the City of Clearwater's
Employees' Pension Plan.
Human Resources Director Joe Roseto presented the recommendation of the Pension
Advisory Committee that the following employees be accepted into membership:
Joseph Hamm, Kenneth Paul, William Anderson, Milisa Schnatterer, Clifton Long,
Christopher Gresham, Timothy Ferlanie, Sam Elliott, Lawrence Divine, Khanh Doan,
Toilea Fetuuaho, Chad Korince, Robert Lee, Matt Lefort, Robert Palisi, Jr., Jim Schaus,
Blaise Sciarra, Raymond Tracy, Che Jean-Pierre, and Brian Wilhite.
Trustee Hamilton moved to accept the recommendation of the Pension Advisory
motioncarried
Committee. The was duly seconded and unanimously.
2. Mathew Gunther, Public Utilities Department, and Douglas L. Griffith, Police Department,
be granted regular pensions under Section(s) 2.393 and 2.397 of the Employees’
Pension Plan as approved by the Pension Advisory Committee.
Mr. Roseto presented the recommendation of the Pension Advisory Committee that
Mathew Gunther and Douglas L. Griffith be granted regular pensions under Sections 2.393 and
2.397 of the Employees' Pension Plan.
Pension Trustees 2004-09-13 1
Mathew Gunther, Wastewater Treatment Plant Operator A, Public Utilities Department,
was employed by the City on March 12, 1979, and his pension service credit is effective on that
date. His pension will be effective September 1, 2004.
Based on an average salary of approximately $46,713 per year over the past five years,
the formula for computing regular pensions, and Mr. Gunther’s selection of the Joint & Survivor
Annuity, this pension will approximate $32,629 annually.
Douglas L. Griffith, Police Sergeant, Police Department, was employed by the City on
January 7, 1985, and his pension service credit is effective on that date. His pension will be
effective February 1, 2005.
Based on an average salary of approximately $62,865 per year over the past five years,
the formula for computing regular pensions, and Mr. Griffith’s selection of the 100% Joint &
Survivor Annuity, this pension will approximate $34,971 annually.
These pensions were approved by the Pension Advisory Committee on August 12, 2004.
Section 2.393 (p) provides for normal retirement eligibility when a participant has reached age
55 and completed twenty years of credited service, has completed thirty years of credited
service, or has reached age 65 and completed ten years of credited service. Section 2.393 also
(p) provides for normal retirement eligibility when a participant has completed twenty years of
credited service in a type of employment described as “hazardous duty” and further specifically
defines service as a Police Sergeant as meeting the hazardous duty criteria. Mr. Gunther
qualifies under the age 55 and 20 years of service criteria. Mr. Griffith qualifies under the
hazardous duty criteria.
Trustee Jonson moved to grant regular pensions for Mathew Gunther and Douglas L.
Griffith under Sections 2.393 and 2.397 of the Employees’ Pension Plan, as approved by the
motioncarried
Pension Advisory Committee. The was duly seconded and unanimously.
3. Elaine Larimer, Public Utilities Department, and Diana L. Atkinson, Police Department,
be allowed to vest their pensions under Section(s) 2.397 and 2.398 of the Employees’
Pension Plan as approved by the Pension Advisory Committee.
Elaine Larimer, Wastewater Treatment Plant Operator B, Public Utilities Department,
was employed by the City on June 16, 1980, and began participating in the Pension Plan on
that date. Ms. Larimer terminated from City employment on July 9, 2004.
Diana L. Atkinson, Personnel/Payroll Technician, Police Department, was employed by
the City on May 20, 1991, and began participating in the Pension Plan on that date. Ms.
Atkinson terminated from City employment on July 23, 2004.
The Employees’ Pension Plan provides that should an employee cease to be an
employee of the City of Clearwater 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 2.393 (p) provides for normal retirement eligibility when a participant has
reached age 55 and completed twenty years of credited service, has completed 30 years of
credited service, or has reached age 65 and completed ten years of credited service. Ms.
Pension Trustees 2004-09-13 2
Larimer would have completed 20 years of service and reached age 55 on October 6, 2004.
Her pension will be effective November 1, 2004. Ms. Atkinson would have completed 20 years
of service and reached age 55 on May 20, 2011. Her pension will be effective June 1, 2011.
These pensions were approved by the Pension Advisory Committee on August 12, 2004.
Trustee Petersen moved to allow Elaine Larimer, Wastewater Treatment Plant Operator
B, Public Utilities Department, and Diana L. Atkinson, Personnel/Payroll Technician, Police
Department, to vest their pensions under Sections 2.397 and 2.398 of the Employees Pension
motion
Plan as approved by the Pension Advisory Committee. The was duly seconded and
carried
unanimously.
4. Adopt the Administrative Rule Governing Forfeiture Proceedings
Under provisions of Section 2.401 of the City of Clearwater Employee’s Pension Plan,
the Board of Trustees has jurisdiction over the forfeiture of pension benefits should a participant
be convicted of any of the following offenses committed prior to retirement: 1) The committing,
aiding or abetting of an embezzlement of public funds; 2) The committing, aiding or abetting of
any theft by a public officer or employee from the employer; 3) Bribery in connection with the
employment of a public officer or employee; 4) Any felony specified in F.S. Ch. 838 (except
§838.15 and §838.16); 5) The committing of an impeachable offense; and 6) The committing of
any felony by a public officer or employee who willfully and with intent to defraud the public or
the public agency, for which he acts or in which he is employed, of the right to receive the
faithful performance of his duty as a public officer or employee, realizes or obtains, or attempts
to obtain, a profit, gain, or advantage for himself or for some other person through the use or
attempted use of the power, rights, privileges, duties or position of his public office or
employment position.
The Board of Trustees is required to hold a hearing in accordance with F. S. Ch. 120 to
determine whether benefits should be forfeited. Counsel to the Board recommends the Board
adopt the administrative rule in this regard.
Draft rule procedures require a hearing where the Pension Trustees determine probable
cause and proceed to schedule a formal hearing, which includes an opening statement,
presentation, cross-examination, and closing arguments. The City Attorney acts as prosecutor.
The Pension Trustees/Pension Advisory Committee Attorney acts as advisor to the Pension
Trustees. Following the hearing, the Pension Trustees deliberate in public and vote. The
Pension Trustees Attorney then drafts a recommended final order, allowing the defendant to file
exceptions to the order. After the Trustees review the final order and admit or deny the
exceptions, the Pension Trustees Attorney enters the final order, and serves it on the member
whose pension is forfeited. That pension member has 30 days to file an appeal with the District
Court of Appeal, bypassing the Circuit Court.
The Pension Advisory Committee was comfortable with this rule and felt it is needed.
Pension Trustees 2004-09-13 3
.
.
.
Trustee Hibbard moved to adopt the Administrative Rule Governing Forfeiture
Proceedings as submitted. The motion was duly seconded and carried unanimously.
Other Business - None.
Adiourn
The meeting adjourned at 2:09 p.m.
Chai~~A
Employees' Pension Plan
Attest:
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Pension Trustees 2004-09-13
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