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05/12/2005 . . . "= . . PENSION ADVISORY COMMITTEE MEETING MINUTES CITY OF CLEARWATER May 12, 2005 Present: John Lee Nathan Hightower Tom Jensen John Schmalzbauer Hoyt P. Hamilton Carlen Petersen John Doran Chair Vice-Chair Committee Member - arrived 9:08 a.m. Committee Member Committee Member/Councilmember Committee Member/Councilmember Committee Member/Councilmember Also Present: Leslie Dougall-Sides Joe Roseto Stuart Kaufman Patricia O. Sullivan Assistant City Attorney 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 - Selection of Seventh Member Member Doran moved to reappoint Nathan Hightower as the seventh member of the PAC (Pension Advisory Committee). The motion was duly seconded and carried unanimously. 3 ~ Approval of Minutes Member Hamilton moved to approve the minutes of the regular meeting of April 14, 2005, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 4 - Emplovees to be Heard Sarah Hamm requested that City policy be changed to reduce the time it takes to reissue lost checks, as it is difficult for retirees to wait 15 days for a new check. Finance Director Margie Simmons explained reasons for the current policy and reviewed direct deposit opportunities. To expedite the delivery of paychecks, staff has amended procedures and now hand stamps and hand carries paycheck envelopes to the Post Office on the day before the checks are dated. 5 - Action Items: a) Review and Action on Employee Requests for Regular Pensions: 1) Sandy I. Thompson, Police 2) Douglas M. Barry, Police 3) Barbara L. Sexsmith, Development & Neighborhood Services Pension Advisory 2005-05-12 1 . . . Member Schmalzbauer moved to approve the requests for regular pensions for Sandy I. Thompson, Douglas M. Barry, and Barbara L. Sexsmith. The motion was duly seconded and carried unanimously. b) Review and Action on Employee Requests to Vest Pensions 1) Thomas G. Wilson, Gas Thomas G. Wilson, Gas Department, has resigned his position after being employed by the City for more than 14 years. He will qualify to receive his reduced pension beginning December 1, 2010. Member Hightower moved to approve the request by Thomas G. Wilson to vest his Pension. The motion was duly seconded and carried unanimously. c) Approval of New Hires as Plan Members: As of April 28, 2005, the City had 1823.01 FTEs out of 1899.2 budgeted positions. Rick Jackson originally was employed as temporary; transferred to permanent and pension eligible as of April 4, 2005 Member Petersen moved to accept the following employees into membership in the Pension Plan: Name. Job. Class. & Dept./Div. Bryan Adamson, Police Officer Police Travis Yancey, Parks Service Technician I Parks & Recreation Catalina Horak, Legal Staff Assistant Legal Charles Jeffries, Jr., Public Utilities Tech. I Public Utilities Jason Harbert, Parks Service Technician I Parks & Recreation Charlie Sims, Public Services Technician I Public Services Cristina Carosella, Police Officer Police Rick Jackson, Solid Waste Worker Solid Waste Joseph Deegan, Parks Service Technician I Parks & Recreation Adam Morris, Police Cadet Police Sharen Jarzen, Planner III Planning Rosanne Lacey, Staff Assistant Fire James Ream, Parks Service Technician I Parks & Recreation Jason Kutch, Parks Service Technician I Parks & Recreation Michael Sciortino, Fleet Mechanic General Services Sebastian Dembek, Public Utilities Tech. I Public Utilities John Knight, Public Utilities Technician I Public Utilities The motion was duly seconded and carried unanimously. 6 - Pendina/New Business Pension Advisory 2005-05-12 Pension Eligible Hire Date Date 03/21/05 03/21/05 03/21/05 04/04/05 04/04/05 04/04/05 03/21/05 03/07/05 04/18/05 04/18/15 04/18/05 04/18/05 04/18/05 04/18/05 04/4/05 04/04/05 04/04/05 03/21/05 03/21/05 03/21/05 04/04/05 04/04/05 04/04/05 03/21/05 .04/04/05 04/18/05 04/18/05 04/18/05 04/18/05 04/18/05 04/18/05 04/04/05 04/04/05 04/04/05 2 . . . a) James Albright - Non-job-connected Disability Hearing Pension Advisory Committee Attorney Stuart Kaufman reviewed hearing procedures, provisions, and exclusions. He reported James Albright had filed an application for a disability pension in January 2004. Member Hightower moved to introduce into evidence the entire file, inclusive of medical records, the IME (Independent Medical Exam) conducted by G. E. Vega, M.D. and addendum, and the January 2004 assessment by Anthony F. Kirkpatrick M.D. The motion was duly seconded and carried unanimously. . Barry Salzmann, representative for Mr. Albright, said Mr. Albright had an exemplary record with the City during his employment from 1987 until August 2004. He said Mr. Albright's disorder causes him significant pain and no meter can measure pain. He said most physicians agree some disorder exists and interferes with Mr. Albright's ability to handle any sustained work activity. He said the bulk of evidence supports his claim of disability. Assistant City Attorney Leslie Dougall-Sides said the City opposes the request as the applicant has not met disability pension requirements. Minimum thresholds require an employee to terminate employment due to a disability and that the 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. Ms. Dougall-Sides reported that Mr. Albright had resigned after he was threatened with termination and not as the result of a disability. Dr. G.E. Vega had determined that Mr. Albright had occasional flare-ups and, according to a thermograph, the condition is not permanent. The Functional Capacity Evaluation exam had determined that Mr. Albright is able to work in a "light-medium capacity," similar to requirements of his former position. She said Mr. Albright's job could have been modified for light-medium duty activities. She said Mr. Albright had not met the burden of proof necessary for a finding of disability. Mr. Salzmann said Mr. Albright had a 17-year record of service with the City. Mr. Albright said his job as manager of the Police Department's computer operations unit and City- wide security systems was physical in nature, requiring him to access roof top cameras and equipment, attic cables, electrical rooms, and climb ladders. He said his 2003 surgery had interfered with his job activities while other physical problems had not. He said he has been in treatment for pain since the surgery. He said he tried to work "sick" after his family medical leave time had expired. He said he had spoken with his supervisor regarding his difficulties, considered other positions, and was told to do the best he could. (His supervisor subsequently resigned.) Mr. Albright said the City's threat of termination was based on false charges. He said Dr. Kirkpatrick previously had advised him to retire due to medical issues, he was too sick to fight the charges, and resigned due to health problems. He said he was unable to perform his job by sitting at his desk as sitting for long periods of time exacerbates his condition. He said he cannot drive or work when taking strong medications, prescribed to manage his pain. He reviewed his health evaluations, surgeries, outcomes, and daily problems. Pension Advisory 2005-05-12 3 . . . Human Resources Director Joe Roseto said Mr. Albright's separation was based on an extensive Police Department investigation regarding inappropriate use of the City's computer system. He said Mr. Albright had resigned several days after the City provided him with evidence and advised him of his supervisor's intent to recommend termination. Further review and final approval of a disciplinary termination was unnecessary due to Mr. Albright's resignation. As Mr. Albright had applied for a Disability Pension before his resignation, he was able to pursue this claim. Mr. Roseto said Mr. A!bright had worked as a Systems Commander, a position responsible for administrating the entire system. He said the position had no requirement for any physical type labor. He said reasonable accommodations can be made for other City positions currently available with light-medium capacity job descriptions. He said it should not have been difficult to find another position for Mr. Albright, based on his background and education. Under cross-examination by Mr. Salzmann, Mr. Roseto said information on Mr. Albright's medication is based only on today's testimony. He said the City has an expectation that staff not be impaired and have a reasonable ability to concentrate. In response toa question, Mr. Roseto said the applicant does not meet the pension disability threshold which requires that no meaningful City work is available that the employee can perform. That option is not possible because Mr. Albright resigned and there is no expectation that the City would rehire him. Mr. Kaufman said the reason for Mr. Albright's voluntary termination is irrelevant. In response to a question, Mr. Roseto said had Mr. Albright disputed the charges and they later were found to be unsubstantiated, the City would have offered him a light-medium position. In response to a question, Mr. Roseto said staff cannot make medical decisions related to medication. While employees should not be impaired while performing duties, many employees on medications are able to work. He said Mr. Albright had presented no documentation or medical testimony that his strong medications would be continued indefinitely or their effect on his ability to work. In response to a Question, Mr. Albright said when he told his supervisor about his health issues, his supervisor had said he would see what he could do. He said he does not take his medications when he must drive and subsequently suffers from pain. Mr. Roseto said he was not aware of any official request to modify Mr. Albright's job or accommodate his health problems. The Pension Advisory Committee recessed from 10:22 to 10:29 a.m. Mr. Salzmann and Ms. Dougall-Sides made their closing statements. Discussion ensued regarding conflicting evaluations in the medical records. In response to a concern, Mr. Kaufman said once an employee resigns, the requirement to offer another position becomes moot. Member Schmalzbauer moved to approve a non-job connected disability pension for James Albright. There was no second. Member Doran moved that James Albright 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, and such disability renders the participant unable to perform any Pension Advisory 2005-05-12 4 . . . useful, meaningful, and necessary work for the employer in an available position for which the participant is reasonable qualified or for which the participant may be reasonably trained to perform. The motion was duly seconded. Members Schmalzbauer, Hamilton, Petersen, and Doran voted "Aye"; Members Jensen, Hightower, and Chair Lee voted "Nay." Motion carried. b) Virginia Ford - Set Hearing - Job-connected Disability Application for David Ford, deceased. Mr. Kaufman said Virginia Ford's attorney has requested this hearing. No additional documentation has been submitted. The PAC had approved a non-job connected disability pension for David Ford, prior to his passing. However, no final order was ever entered. This hearing will provide Ms. Ford the opportunity to appeal the PAC decision that Mr. Ford's disability was not job-connected. Member Hamilton moved to schedule a hearing for a job-connected disability application for David Ford, deceased, on June 9, 2005. The motion was duly seconded and carried unanimously. 7 ;.... Director's Report Ms. Simmons reported the Pension Actuary will present his report to the Pension Trustees at a special meeting on June 2, 2005, at 5:30 p.m. The PAC will receive a copy of the report. 8 - Committee Members to be Heard Member Jensen reported the FPPTA (Florida Public Pension Trustees Association) annual conference is scheduled for June 26-29, 2005, and encouraged PAC members to participate in pension trustee education opportunities. 9 - Adjournment 62~~ )~') The meeting adjourned at 11 :03 a.m. Pension Advisory Committee Attest: ~f1dA)D7~ . . oard Reporter . .. Pension Advisory 2005-05-12 5