04/14/2005
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PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
April 14, 2005
Present:
John Lee
Nathan Hightower
Tom Jensen
John Schmalzbauer
Hoyt P. Hamilton
John Doran
Chair
Vice-Chair
Committee Member
Committee Member
Committee Member/Councilmember
Committee Member/Councilmember
Absent:
Carlen Petersen
Committee Member/Councilmember
Also Present:
Joe Roseto
Stuart Kaufman
Patricia O. Sullivan
Human Resources Director
Pension Advisory Committee Attorney
Board Reporter
The 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
Member Hightower moved to approve the minutes of the regular meeting of March 10,
2005, 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 Regular pensions:
1) Robert F. Fernandez, Public Services
2) Carol Marshall, Police
Member Schmalzbauer moved to approve the requests for regular pensions for Robert
F. Fernandez and Carol Marshall. The motion was duly seconded and carried unanimously.
b) Review and Action on Employee Requests to Vest Pensions
1) Jeffrey K. Rawson, Police
Jeffrey K. Rawson, Police Department, has resigned his position after being employed
by the City for 14 years. He will qualify to receive his reduced pension beginning April 1 , 2011.
Member Schmalzbauer moved to approve the request by Jeffrey K Rawson to vest his
Pension. The motion was duly seconded and carried unanimously.
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c) Approval of New Hires as Plan Members:
As of March 31, 2005, the City had 1797.14 FTEs out of 1895.4 budgeted positions.
Member Hightower moved to accept the following employees into membership in the
Pension Plan:
Name. Job. Class. & Deot./Div.
Jariel Candelario, Solid Waste Worker Solid Waste
Joe Trowell, Jr., Recreation Pro. Supervisor Parks & Recreation
Sandra Wightman, WWTP Operator Trne Public Utilities
Christopher Thomas, Solid Waste Worker Solid Waste
Donald Hostetler, WWTP Operator B Public Utilities
Vern Erickson, Water Plant Operator B Public Utilities
Jeremy Chestine, Solid Waste Worker Solid Waste
Serita Buchanan, Recreation Leader Parks & Recreation
Jose Fernandez, Firefighter Fire
Jeremiah Mills, Firefighter Fire
Jason Matthews, Firefighter-Paramedic Fire
Craig Krueger, Firefighter Fire
Joseph Kraus, Firefighter-Paramedic Fire
Jeremy Jenkins, Police Officer . Police
Jamie Varney, Police Officer Police
Bruce Hernandez, Police Officer Police
Beatrice Holsombach, Police Comm Operator Tne/Police
William Ruger, Jr., Solid Waste Worker Solid Waste
James Singer, Police Officer Police
Crystal Leuallen, Police Cadet Police
The motion was duly seconded and carried unanimously.
5 - Pendina/New Business
a) Mark Weinreich - Job-Connected Disability Hearing
Hire Date
02/21/05
02/19/05
03/07/05
03/07/05
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03/16/05
03/21/05
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03/21/05
03/21/05
03/21/05
03/21/05
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03/21/05
Pension Elig.
Date
02/21/05
02/19/05
03/07/05
03/07/05
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03/07/05
03/07/05
03/16/05
03/21/05
03/21/05
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Andra Dreyfus, representative for Mark Weinreich, said the City's IME (Independent
Medical Exam) had confirmed the diagnosis of Mr. Weinreich's doctor that he is totally and
permanently disabled.
Pension Advisory Committee Attorney Stuart Kaufman reviewed related procedures.
Member Hightower moved to accept the entire record related to Mark Weinreich's
disability application, including all medical records, the IME, and other pertinent records. The
motion was duly seconded and carried unanimously.
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Mr. Kaufman said the City is not contesting Mr. Weinreich's application for a job-
connected disability pension. On November 8, 2000, Mr. Weinreich was wearing his Fire
Department uniform while driving a City vehicle on his way to work when he made eye contact
with an elderly woman, parked in traffic on a two-lane road, attempting to change a flat tire. Mr.
Weinreich stopped to render aid and suffered a lumbar herniation. He was then deemed unfit to
perform as a firefighter. Human Resources Director Joe Roseto reported Mr. Weinreich had
been compensated under Work.er's Compensation and the City had determined the injury was
job-connected.
Discussion ensued regarding City liability related to off-duty firefighters. Mr. Kaufman
said no exact case law relates to injuries to off-duty firefighters. Police officers are covered by
State Statute, portal to portal. It was recommended that the Fire Chief clarify City policy related
to staff rendering aid under similar circumstances.
Concern was expressed that following his injury, Mr. Weinreich had continued to work
for the Fire Department in a "light duty" administrative position for five years, while he was
unable to perform firefighter duties as necessary at emergency scenes due to his inability to lift
more than 50 pounds. Mr. Roseto said Mr. Weinreich had served at the determination of the
former Fire Chief. The City cannot compel someone to apply for a disability pension. Concern
was expressed that this case not establish a precedent for future "light duty" assignments.
Mr. Kaufman recommended the Fire Chief issue a memorandum that states the City's
position regarding "on-duty" versus "off-duty" status related to rending aid, to clarify to
employees if their efforts would be considered job-connected or not.
Member Hightower moved to approve a job-connected disability pension for Mark
Weinreich based on the Pension Advisory Committee's finding that Mr. Weinreich's injury is total
and permanent, that it is unlikely that Mr. Weinreich could ever perform appropriate work for the
Fire Department, that performance of his job was the factual causation of his disability, and that
none of the exclusions apply. The motion was duly seconded and carried unanimously.
Discussion ensued regarding Mr. Weinreich's service as a "light duty" operations chief,
even though he did not physically qualify for the position. It was suggested the City should have
more leverage to force retirement when a firefighter has permanent restrictions and does not
meet requirements to perform as a firefighter. It was recommended that local physicians be
apprised of firefighter duties when determining fitness to perform.
b) James Albright - Non-job-connected Disability Hearing (continued to May 12, 2005)
James Albright's hearing was continued automatically to May 12, 2005.
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6 - Director's Report
Member Hightower's term of office
It was reported that Member Hightower's term of office has expired. Consensus was to
reappoint Member Hightower; however, the entire board must be present to vote.
The appointment was continued automatically to May 12, 2005.
It was recommended that the seat be noticed to determine if there is other interest.
8 - Committee Members to be Heard
Member Jensen said he was charged sales tax for his hotel stay while attending the
recent conference hosted by the Pension Plan's attorneys because he used a personal credit
card. Finance Director Margie Simmons reviewed City policy related to hotel payments and
recommended that members review the policy before they travel again.
Member Hightower moved for the Pension Advisory Committee budget to reimburse
members for sales taxes paid for hotel stays related to the recent conference hosted by the
Pension Plan's attorneys, as long as the paperwork is submitted to the City. The motion was
duly seconded and carried unanimously.
9 - Adiournment
The meeting adjourned at 9:41 a.m.
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Pension Advisory Committee
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