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01/08/2015 Pension Advisory Committee Meeting Minutes January 8, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e Meeting Minutes Thursday, January 8, 2015 9:00 AM Council Chambers - City Hall Pension Advisory Committee Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes January 8, 2015 Roll Call Present: Chair Nathan Hightower, Vice-Chair Daniel Slaughter, Committee Member Tom Jensen, Committee Member/Councilmember Bill Jonson, Committee Member/Councilmember Doreen Hock-DiPolito, Committee Member/Councilmember Hoyt Hamilton, Committee Member Laura Damico 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 9:02 a.m. 2. Approval of Minutes 2.1 Approve minutes of December 11, 2014 Pension Advisory Committee meeting as submitted in written summation. Member Jonson moved to approve minutes of December 11, 2014 Pension Advisory Committee meeting 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 new hires for acceptance into the Pension Plan as listed. Name, Job. Class, & Dept./Div Pension Elig. Date Benjamin Leeper, Public Utilities Specialist, Public Utilities Department 12/15/2014 Lucas Moody, Drafting and Mapping Technician, Engineering Department 12/15/2014 David Pearson, Library Assistant, Library Department 12/29/2014 Donald Robinson, AmeriCorps Clearwater Coordinator, Police Department 12/29/2014 Member Danica moved to recommend approval of the new hires for acceptance into the Pension Plan as listed. The motion was duly seconded and carried unanimously. 4.2 Recommend approval of the following request of employees Stephen Langevin, Fire Department; Barbara Moon, Parks and Recreation Department; and Mark Teunis, Police Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. Stephen Langevin, Firefighter - Driver/Operator, Fire Department, was employed by the City on March 9, 1981, and his pension service credit is effective on that date. His pension will be effective February 1, 2015. Based on an average salary of approximately $75,857.54 over the past five years, the formula for computing regular pensions and Mr. Langevin's Page 2 City of Clearwater Pension Advisory Committee Meeting Minutes January 8, 2015 selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $68,665.44 annually. Barbara Moon, Aquatic Programmer, Parks and Recreation Department, was employed by the City on January 10, 1994, and her pension service credit is effective on that date. Her pension will be effective February 1, 2015. Based on an average salary of approximately $45,601.84 over the past five years, the formula for computing regular pensions and Ms. Moon's selection of the Single Life Annuity, this pension benefit will be approximately $26,408.28 annually. Mark Teunis, Police Major, Police Department, was employed by the City on July 19, 1982, and his pension service credit is effective on that date. His pension will be effective January 1, 2015. Based on an average salary of approximately $97,598.03 over the past five years, the formula for computing regular pensions and Mr. Teunis' selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $85,050.84 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. Ms. Moon has 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. Langevin and Mr. Teunis have met the hazardous duty criteria. Member Jensen moved to recommend approval of the following request of employees Stephen Langevin, Fire Department; Barbara Moon, Parks and Recreation Department; and Mark Teunis, Police 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. 4.3 Hearing for William Smith forjob-connected disability pension Human Resources Director Joe Roseto said the PAC (Pension Advisory Committee) continued this hearing on December 11, 2014. The transcript of Mr. Smith's deposition re his workers'compensation case and IME (Independent Medical Exam) Dr. Castellano's December 1, 2014 supplemental report, requested by Attorney for the Committee Stuart Kaufman, were distributed to the PAC. In response to a question, Mr. Roseto compared job-connected and non-job-connected disability Page 3 City of Clearwater Pension Advisory Committee Meeting Minutes January 8, 2015 pension benefits. Attorney Kaufman said William Smith was hired in 1997. His application for a job connected disability pension listed his date of injury as December 19, 2013. The applicant stated he suffered hearing loss in both ears during the course of his career due to exposure to various types of law enforcement occupational noises. Doctors indicated that hearing aids would not resolve Mr. Smith's condition. Attorney Kaufman said the applicant had the burden of proof that the disability was job-connected. Tanya Oliver, attorney for William Smith, said Mr. Smith did not have a hearing loss when he entered the police service and IME Dr. Castellano reported that Mr. Smith's hearing loss was service-connected. Member Jonson moved to accept into evidence the entire file, inclusive of the personnel file, interrogatories, medical records, the IME, the transcript of Mr. Smith's deposition re his workers'compensation case, and IME Dr. Castellano's December 1, 2014 supplemental report. The motion was duly seconded and carried unanimously. Member Jonson moved that William Smith 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. Concern was expressed that the file did not include definitive medical documentation that Mr. Smith's hearing loss was service-connected or identify a seminal event when the injury occurred and suggested factors such as viral infection or allergy inflammation may have caused the hearing loss. It was stated that medical analysis did not conflict with the IME opinion that the hearing loss was job-connected. It was commented that Mr. Smith's loss of hearing occurred during his employment with the City and he may have been exposed to noise at special events when other officers were not present. Attorney Kaufman said the supplemental IME report considered noise factors related to Mr. Smith's position as a Police Officer and determined there was a reasonable medical probability that his hearing loss was job-connected. Attorney Oliver said doctor's conclusions often are based on a reasonable degree of medical certainty. It was noted that Mr. Smith's doctors did not consider loud noise as a cause for his hearing loss until 2013 and it was questioned how loud Page 4 City of Clearwater Pension Advisory Committee Meeting Minutes January 8, 2015 noise could cause the asymmetrical hearing loss experienced by Mr. Smith. It was stated the IME did not resolve inconsistencies in previous hearing tests and Mr. Smith's loss of hearing worsened after his exposure to loud noises ceased. Concern was expressed that other Police Officers may be subject to similar hearing loss and it was recommended that the Police Department review its hearing protection standards to safeguard staff. Upon the vote being taken, Members Slaughter, Jonson, Hock-DiPolito and Hamilton voted "Aye"; Members Jensen, Damico and Chair Hightower voted "Nay." Motion carried. Mr. Smith was thanked for his service to the City and sympathy was expressed that he had to leave his employment under these circumstances. Discussion ensued with concern expressed that Mr. Smith's disability could worsen if its cause was not job-connected. It was stated the Police Department took measures to prevent injury, Police Officers now wore ear protection at concerts. As committee members had questions about the job-connection, it was felt a formal hearing would have been appropriate. 4.4 Formal hearing for Linda Leaghty for non-job-connected disability pension Attorney Kaufman said at the formal hearing on August 14, 2014, the PAC determined that Linda Leaghty was totally and permanently disabled but her condition was not job-connected. He recommended that the Committee incorporate the record from those proceedings into today's hearing. He said the PAC needed to determine if Ms. Leaghty's medical condition preexisted her employment with the City. He reviewed the Code, stating the City was required to provide substantial and competent evidence that a preexisting condition caused the disability. He said the IME doctor Eric Kaplan M.D. reported Ms. Leaghty disclosed preexisting mental health problems during the exam, Ms. Leaghty recanted those statements during her testimony at the August hearing. Member Hamilton moved to incorporate the record from the August 14, 2014 formal hearing into today's hearing, including evidence placed into the record for this application. The motion was duly seconded and carried unanimously. The Pension Advisory Committee recessed from 9:30 to 9:33 a.m. Richard McCleary, attorney for Linda Leaghty, said he was unable to obtain records re a previous psychiatric evaluation of Ms. Leaghty. He said there was no evidence of a preexisting condition other than the IME doctor's report that Ms. Leaghty had disclosed preexisting mental health conditions during the exam. Page 5 City of Clearwater Pension Advisory Committee Meeting Minutes January 8, 2015 Attorney McCleary said Ms. Leaghty's pre-employment medical exam did not diagnose mental health problems. He said Ms. Leaghty worked for the City for 4 years prior to her crisis hospitalization. He said Joseph Shanklin M.D. then treated Ms. Leaghty for almost 10 year while she continued working for the library until she no longer could perform her duties. He said the City did not provide substantial evidence that a preexisting condition caused her current disability. He requested approval of her application for a non job-connected disability pension. Pedro A. Herrera, Counsel for the Special Council for the Board of Trustees, said the PAC needed to determine if Ms. Leaghty's condition was preexisting. He said Ms. Leaghty had told Dr. Kaplan that beginning in 1986, she had felt "squirrelly,"contemplated suicide, and exhibited bulimic behavior, she later recanted those statements. He referenced Dr. Kaplan's report opining that Ms. Leaghty had exaggerated her mental health symptoms and that her chronic history of mental health problems preceded her employment with the City. In response to questions, Attorney Herrera read Dr. Kaplan's report re Ms. Leaghty's exaggeration of symptoms. He did not know if mental health problems affected Ms. Leaghty's job performance during her first 4 years of employment. Member Damico moved that Linda Leaghty met the requirements for a disability pension as she is disabled due to sickness or injury, such disability is likely to be continuous and permanent from a cause other than those listed as general disability exclusions, the City did not provide substantial and competent evidence that a preexisting condition caused the disability, and such disability renders the participant unable to perform any useful, meaningful and necessary work for the employer in an available position for which the participant is reasonably qualified or for which the participant may be reasonably trained to perform. The motion was duly seconded and carried unanimously. Ms. Leaghty was thanked for her long service to the City and was wished the best of luck. 5. Director's Report Attorney Kaufman invited committee members to attend his firm's pension conference in March and wished all a happy healthy New Year. In response to a question, Attorney Kaufman reviewed two pending bills requiring municipalities to create fire and police supplemental plans and a bill that would require all public pension plans to use the Florida Retirement System Mortality Tables. Mr. Roseto said background information would be distributed on zip drives in the future. Page 6 City of Clearwater Pension Advisory Committee Meeting Minutes January 8, 2015 6. Committee Members to be Heard Chair Hightower complimented Attorneys Herrera and Sugarman for their excellent representation of the Plan. 7. Adjourn Attorney Herrera thanked the Committee for doing their due diligence. Member Hamilton suggested the Police Department be proactive re hearing loss and require Police Officers to undergo annual hearing exams. Mr. Roseto said Police Officers were required to have annual physicals, but were not tested for hearing or vision. That testing would have to be bargained. Police Chief Slaughter was responsible for instituting preventative measures. Injuries could occur, even with protection. Chair Hightower requested that future agendas clarify if disability hearings are formal or informal. In response to a question, Attorney Kaufman said the general law is that as long as you have a quorum physically present then participation in the meeting is allowable by telephone or Skype. In response to a request, he said he would forward the Attorney General opinion on the matter. The meeting adjourned at 10:06 a.m. hair Pension Adviso (Committee Page 7 City of Clearwater