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05/13/2004 . PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER May 13, 2004 Present: John Lee Hoyt P. Hamilton Frank Hibbard John Schmalzbauer Nathan Hightower Carlen Petersen Vice-Chair Committee Member/Councilmember Committee Member/Councilmember Committee Member Committee Member Committee Member/Councilmember Absent: Tom Jensen Committee Member Also Present: Joe Roseto Margie Simmons Stuart Kaufman Brenda Moses Human Resources Director Finance Director Pension Advisory Committee Attorney Board Reporter The Vice-Chair called the meeting to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2. Approval of Minutes - April 8, 2004 . Member Hightower moved to approve the minutes of the regular meeting of April 8, 2004, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. Emplovees to be Heard - None. 4. Action Items: a. Review and Action on Employee Requests for Years of Service Pensions: 1. Robert Sebek, Public Services 2. Rowland Herald, Fire 3. Geri Doherty, Development & Neighborhood Services 4. Paul McCann, Fire 5. Craig McGarry, Police Member Hamilton moved to approve Years of Service Pensions for Robert Sebek, Rowland Herald, Geri Doherty, Paul McCann, and Craig McGarry. The motion was duly seconded. In response to a question, Finance Director Margie Simmons said Rowland Herald's years of service pension was calculated in the usual manner. At the time of separation, only an estimate of pension benefits is provided. . Upon the vote being taken, the motion carried unanimously. Pension Advisory 2004-05-13 1 . . . b. Review and Action on Employee Requests to Vest Pensions: 1. Michael Anderson, Public Utilities Member Hibbard moved to approve the request to vest pension for Michael Anderson. The motion was duly seconded and carried unanimously. c. Approval of New Hires as Plan Members: Asof April 28, 2004, the City had 1770.93 of 1895.4 budgeted positions. Shannon Lee was originally hired as part-time on September 8, 2003; transferred to permanent and pension eligible as of April 2, 2004. Marianne McBain was originally hired as temporary on October 20, 2003; transferred to permanent and pension eligible as of April 4, 2004. Member Hightower moved to accept the following employees into membership in the Pension Plan: Name, Job. Class, & Dept./Div. Carl Freeman, Tradesworker/General Services Laura Tearney, TV Production SpecialisUPub. Com. Veronica Josef, Staff Assistant/Engineering Denise Alvarado, Parks Service Technician I/Parks & Rec. Joseph Ryan, Parks Service Technician IIParks & Rec. Gordon Murphy, Custodial Worker/Library Shannon Lee, Recreation Leader/Parks & Rec. Jabri Jenkins, Public Services Technician I/Public Svcs. Marianne McBain, Accounting Technician/Fire Ronald Thiesen, Parks Service Technician I/Parks & Rec. James DeLuca, Solid Waste Worker/Solid Waste Roberto Almonte, Custodial Worker/Marine & Aviation Carol Greenfeld, Recreation Programmer/Parks & Rec. Daniel Brown, Parks Service Technician I/Parks & Rec. Hire Date Pension Elig. Date 3/22/04 3/22/04 4/2/04 4/5/04 4/5/04 4/5/04 9/8/03 4/5/04 10/20/03 4/5/04 4/5/04 4/12/04 4/19/04 4/19/04 3/22/04 3/22/04 4/2/04 4/5/04 4/5/04 4/5/04 4/3/04 4/5/04 4/5/04 4/5/04 4/5/04 4/12/04 4/19/04 4/19/04 The motion was duly seconded and carried unanimously. 5. Pendinq/New Business: a. Frank Young-Set Hearing for Non-job-connected Disability Pension PAC (Pension Advisory Committee) Attorney Stuart Kaufman said Frank Young had filed an application for a non-job-connected disability pension. Mr. Kaufman reviewed pension criteria, procedures, and exclusionary factors. The City is not contesting the request. The IME (Independent Medical Examination) and physician reports have been distributed to the PAC. All medical conclusions indicate that Mr. Young is permanently and totally disabled. Member Hightower moved to accept the file into evidence. The motion was duly seconded and carried unanimously. Pension Advisory 2004-05-13 2 . Member Hightower moved to approve Frank Young's request for a non-job-connected disability pension based upon the record entered into evidence. The motion was duly seconded and carried unanimously. Mr. Kaufman requested the motion be amended to include that the PAC finds the disability is total and permanent, non-service-connected, and that none of the exclusionary factors applies. Member Hightower moved to amend the motion to approve Frank Young's request for a non-job-connected disability pension based upon the record entered into evidence, and that the disability is total and permanent, non-service-connected, and that none of the exclusionary factors apply. The seconder agreed. The motion carried unanimously. b. Ronnie White - Set Hearing for Job-connected Disability Pension Human Resources Director Joe Roseto said after reviewing Ronnie White's medical information, the IME physician wished to conduct another fitness for duty examination. However, Mr. White is not available, as he recently underwent knee surgery. Based on City provided information and medical information he has, the IME physician will issue another opinion. Mr. Roseto said the City may depose Mr. White. As there is extensive information and documentation regarding Mr. White, the City requests postponing the scheduling of a hearing date. . Member Hamilton moved to postpone setting a hearing date for Ronnie White until all pertinent information is available and a physical examination can be performed on Mr. White. The motion was duly seconded and carried unanimously. c. Virginia Ford/David Lee Ford - Set Hearing for Job-connected Disability Pension Mr. Kaufman said he had issued an April 6, 2004, legal opinion regarding this case. He said David Lee Ford is deceased. His widow, Virginia Ford, claims when the PAC granted his non-service-connected disability, Mr. Ford had filed a service-connected disability request. She requests that the PAC convert her husband's benefit to a service-connected disability benefit. Mr. Kaufman said the PAC had not entered a final order regarding that decision, and, therefore, no appeal can be made. PAC disability procedures require the PAC enter a final order regarding all pension benefit decisions. Rather than embarking upon a legal process, the City suggests the PAC re-hear the case and provide Ms. Ford the opportunity to present her case. Once the PAC's final order is entered, Mrs. Ford would have the opportunity to pursue additional due process procedures. . In response to a question, Mr. Roseto said staff will research all files to ensure proper paperwork and PAC orders have been recorded for all pension benefit applicants. In response to a question, Mr. Kaufman said the PAC's previous determination regarding Mr. Ford is legal. Ms. Ford would have to go through legal channels to challenge the PAC's decision. As a judge probably would award Ms. Ford the opportunity for another hearing, that is what is being suggested. Mr. Kaufman said information from the initial disability hearing will be made available to the PAC prior to next month's meeting. He also will contact Ms. Ford's attorney to determine if any additional information needs to be provided. Mr. Roseto said the City is not Pension Advisory 2004-05-13 3 . . . opposed to re-hearing this case for a job-connected disability pension. He said the City would defer to Ms. Ford regarding a hearing date. Member Hamilton moved to set a hearing for a job-connected disability pension for Virginia Ford/David Lee Ford for June 10, 2004. The motion was duly seconded and carried unanimously. 6. Director's Reports Mr. Roseto suggested postponing election of a permanent chairperson until after the upcoming employee PAC election. 7. Committee Members to be Heard Member Schmalzbauer requested staff pursue the ability for employees to choose a pension benefit option upon being vested, rather than having to wait until the twentieth year. Mr. Roseto said pension benefits/procedures changes require approval at referendum, and issues that affect terms and conditions of employment first need to be discussed by the City and the unions. In response to a question, Mr. Kaufman said employees cannot change their benefit option once they receive their first pension checks. Member Hibbard questioned the status of the Alvarez case. Mr. Kaufman said no information has been received from the court. Member Hibbard requested the July 8 meeting be changed to July 15, 2004. Member Hightower moved to change the July 8 meeting to July 15, 2004. The motion was duly seconded and carried unanimously. Board members welcomed new member Petersen. Members Hamilton and Lee thanked Mr. Young for his dedicated service to the Fire Department and wished him well. 8. Adiournment The meeting adjourned at 9:29 a.m. ~~~ ~ I C-t:I,... Chair Pension Advisory Committee Pension Advisory 2004-05-13 4