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09/23/2005 . . . PENSION ADVISORY COMMITTEE MEETING MINUTES CITY OF CLEARWATER September 23, 2005 Present: John Lee Nathan Hightower Hoyt P. Hamilton Tom Jensen John Schmalzbauer John Doran Chair Vice-Chair Committee Member/Councilmember Committee Member Committee Member Committee MemberiCounciimember Absent: Carlen Petersen Committee Member/Councilmember Also Present: Joe Roseto Leslie Dougall-Sides Stuart Kaufman Brenda Moses Human Resources Director Assistant City Attorney - departed 9:46 a.m. Pension Advisory Committee Attorney Board Reporter The Chair called the meeting to order at 9:02 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 of Auqust 11. 2005 Member Hamilton moved to approve the minutes of the regular meeting of August 11, 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. Joseph Zagone, Police Department 2. Samuel Willi, Fire Department Member Jensen moved to approve the requests for regular pensions for Joseph Zagone and Samuel Willi. The motion was duly seconded and carried unanimously. b. Review and Action on Employee Requests to Vest Pensions: 1. James Johnson, Public Utilities 2. Roy Heinz, Police 3. David Dornbusch, Solid Waste 4. Lucette Wombacher, Budget James D. Johnson, Jr., Utilities Mechanic, Public Utilities Department, was employed by the City on March 20, 1995, and began participating in the Pension Plan on that date. Mr. Johnson terminated from City employment on August 5, 2005. Pension Advisory 2005-09-23 1 . Roy J. Heinz, Police Officer, Police Department, was employed by the City on February 26, 1995, and began participatin!;j in the Pension Plan on that date. Mr. Heinz terminated from City employment on August 17, 2005. David D. Dornbusch, Solid Waste Worker, Solid Waste Department, was employed by the City on April 24, 1989, and began participating in the Pension Plan on that date. Mr. Dornbusch terminated from City employment on August 26, 2005. Lucette M. Wombacher, Senior Accountant, Budget Department, was employed by the City on December 27,1993, and began participating in the Pension Plan on that date. Ms. Wombacher terminated from City employment on September 30, 2005. 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. 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 Officer as meeting the hazardous duty criteria. Mr. Johnson would have completed at least 10 yeais of service and reached age 65 or. January 4, 2009. His pension will be effective February 1, 2009. Mr. Dornbusch would have completed at least 20 years of service and reached age 55 on April 24, 2009. His pension will be effective May 1, 2009. Ms. Wombacher would have completed at least 10 years of service and reached age 65 on March 14,2013. Her pension will be effective April 1 ,2013. Mr. Heinz would have completed 20 years of hazardous duty on February 26, 2015. His pension will be effective March 1, 2015. . . - - Member Hightower moved to approve the request by James Johnson, Roy Heinz, David Dornbusch, and Lucette Wombacher to vest their pensions. The motion was duly seconded and carried unanimously. c. Approval of New Hires as Plan Members: As of September 8, 2005, the City had 1823.01 of 1899.2 budgeted positions. Member Schmalzbauer moved to accept the following employees into membership in the Pension Plan: Name. Job. Class. & Deot./Div. Hire Date Pension Elig. Date . Brandon Jerrido, Solid Waste Worker/Solid Waste April Eversole, Customer Svc. Rep./Customer Service Cky Ready, Planner II, Planning Kyle Wilson, Dev. Review Tech./Dev. & Neighborhood Svc. 7/25/05 7/25/05 8/1 /05 8/8/05 7/5/05 7/25/05 8/1/05 8/8/05 Pension Advisory 2005-09-23 2 . . . Kathleen Troiani, Police Office Specialist/Police Naomi Malone, Systems Analyst/Library Micky Manlove, Parks Svc. Tech. I/Parks & Rec John Hennessy, Customer Svc. Rep./Customer Svc. Arthur Strick, Parks Svc. Tech. IIParks & Recreation Bradley Serata, Police Officer/Police Philip Palestra, Custodial Worker/General SVC5. Bret Goodson, Systems Analyst/Parks & Rec. Leonard Rickard, Fire Protection Inspector/Fire Mel Melendez, Fire Protection Inspector/Fire Sherry Walker, Survey Assistant I/Engineering Olin Crouch, Survey Assistant I/Engineering Heather Latham, Staff Assistant/Economic Development Willie Hill, Public Utilities Tech. iiPublic Utilities Debra Englander, Pubiic Utilities Coordinator/Public Utilities Kelly Rogers, Accounting Clerk/Finance David Sexsmith,WWTP Operator Trainee/Public Utilities The motion was duly seconded and carried unanimously. 5- Pendinq/New Business: a. Betty Blunt - Non-job-connected disability hearing 8/8/05 8/8/05 8/8/05 8/8/05 8/8/05 8/8/05 8/8/05 8/8/05 8/8/05 8/8/05 7/11/05 7/11/05 8/11/05 8/11/05 8/8/05 8/8/05 7/25/05 7/25/05 7/25/05 7/25/05 8/22/05 8/22/05 8/22/05 8/22/05 8/22/05 8/22/05 8/22/05 8/22/05 9/6105 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 PAC (Pension Advisory Committee) Attorney Stuart Kaufman reviewed disability hearing procedures. In response to a question, Applicant Betty Blunt stated she had received notice of today's hearing. Member Jensen moved to enter the entire Pension Advisory Committee file into the record. The motion was duly seconded and carried unanimously. Ms. Blunt said the PAC has received all doctor reports concerning her condition. She said routine tasks are a daily struggle due to her limited lung capacity. She said she cannot work 7.5 hours a day. Assistant City Attorney Leslie Dougall-Sides said Ms. Blunt does not meet the criteria for a non-job-connected disability. She said Ms. Blunt has been an excellent employee, however the IME (Independent Medical Examiner) Dr. Leonard Y. Cosmo found that Ms. Blunt has reached maximum medical improvement and the majority of her symptoms occur during exertion. Dr. Cosmo reported that Ms. Blunt's job is clerical and sedentary and her condition should not prohibit her from performing meaningful or useful work. He said her respiratory condition is severe but should not prohibit her from performing duties . listed in her job description. Ms. Dougall-Sides said serving refreshments is Ms. Blunt's only job duty that involves more than sitting at a desk. Dr. Cosmo reported that Ms. Blunt has no neurological conditions that would affect the cognitive components of her job. Ms. Dougall-Sides said Ms. Blunt's current condition does not render her unable to perform useful, meaningful, or necessary work for the City in an available position for which she is reasonably qualified. Ms. Blunt's position is still available and other clerical positions may be available. Ms. Blunt said she cannot work full-time. She reported that Dr. Eli H. Freilich has determined that she is not improving and has changed her medication. In response to a Pension Advisory 2005-09-23 3 . . . question, Ms. Blunt stated she is unable to work 7.5 hours daily, as required by her position. Ms. Dougall-Sides said the City does not object to the medical reports from Dr. Freilich being entered into the record. It was remarked that the IME report inaccurately lists Ms. Blunt's age. In response to a question, Ms. Blunt reviewed her duties as a receptionist, which includes answering phones, processing department payroll, filing and scanning documents, and working for City Councilmembers and the Mayor. She said she spent most of the day sitting, except when she had to make copies, and perform research and other miscellaneous duties. She said she does notwork on weekends, and spends most of her time in bed. A reference was made to page 181 of the evidence, which indicates that Ms. Blunt could be characterized as disabled due to her declining health and frequent hospitalization and doctor visits, she. It was noted that her lung condition may havecuntributed to her lengthy recovery from incidents during the past two years, such as a motor vehicle accident. Mr. Roseto confirmed that Ms. Blunt was on medical leave for an extended time after an accident, that she remains a City employee but is in an unpaid status, that City clerical positions are available, that her current position is available, that aspects of any job require some sort of physical activity, and that her department made changes to her job so that she would not have to perform physically exerting duties. Assistant to the City Manager Denise Wilson said Ms. Blunt's job duties were changed to eliminate running errands and lifting heavy objects so that she could perform all of her duties at her desk without exertion. Ms. Wilson said while Ms. Blunt's job duties include processing Council mail, staff is willing to handle that chore. Due to Ms. Blunt's medical problems, staff began to handle many duties that would cause her hardship. Ms. Wilson said while Ms. Blunt was working from 8:00 a.m. to 1 :00 p.m. since last summer, she would begin experiencing fatigue around 10:30 a.m. She said Ms. Blunt's job duties were reduced when she began working part-time last year. In response to a question, Ms. Wilson said she has been Ms. Blunt's supervisor for 23 years. She said Ms. Blunt always has been a great employee. She said Ms. Blunt can perform her job without leaving her desk. She said the position has full-time duties but she did not think Ms. Blunt could handle the job full-time due to her fatigue. Ms. Blunt's job was changed immediately after her second bout with lung problems. Ms. Wilson reported occasionally, Ms. Blunt would respond to City Manager or Council members telephoned requests, however those responses did not require exertion. It was remarked that despite accommodations made for Ms. Blunt, no one in the City Manager's/Mayor's office sits at their desk all day. Ms. Wilson concurred, stating Ms. Blunt sat at the front desk, and answered the office's direct line and default calls. Ms. Dougall-Sides said evidence presented by Mr. Roseto and Ms. Wilson indicates the City has made great accommodations for Ms. Blunt. She said Dr. Cosmo, the PAC's internal medical and pulmonology specialist, found that Ms. Blunt could peifOim sedentary duties, full- or part-time. The position is open. She said the City's position is that medical evidence does not indicate that Ms. Blunt is disabled, although that could change in the future. After review of the documents by the PAC and staff, Member Hightower moved to admit records submitted by Ms. Blunt into the record. The motion was duly seconded and carried unanimously. Discussion ensued with comments that Dr. Cosmo's diagnosis of Ms. Blunt's condition concurs with diagnoses made by Dr. Hough and Dr. Freilich, that Dr. Freilich, her long-time physician, reports a reduction in Ms. Blunt's physical state and anticipates further reduction in many of her abilities, that Dr. Cosmo's diagnosis is based on one visit, whereas other Pension Advisory 2005-09-23 4 . . . physicians have seen her over time, that Ms. Blunt's employment record indicates she performed her job with maximum efficiency, that the IME report represents one professional opinion, that the medical reports provide conflicting evidence, that Ms. Wilson's testimony was persuasive with respect to Ms. Blunt's job performance and integrity, and that it would be difficult to perform any job with only 30% lung capacity. It was suggested that more documentation should have been presented regarding Ms. Blunt's efforts to return to work and if her lung condition or motor vehicle accident was the determining factor in her overall decline. In response to a question, Mr. Roseto said staff could report on the number of days Ms. Blunt was absent. Member Doran moved that the applicant is disabled with a considerable injury, that is not included in Section 2.2397 -C, and that 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. b. Virginia/David Ford Hearing AND c. Peter Tsagaratos - Job-connected disability hearing Member Hightower moved to continue Virginia/David Ford's hearing and Peter Tsagaratos' job-connected disability hearing to October 20,2005. The motion was duly seconded and carried unanimously. Mr. Roseto reported the October meeting has been rescheduled to October 20,2005, and that Timothy Hannas' case will be ready for presentation at that time. Member Jensen moved to schedule Timothy Hannas' hearing for October 20, 2005. The motion was duly seconded and carried unanimously. d. Administrative Expenses Budget Bill Kleinsorge, Controiier, reviewed the Administrative Expenses Budget. The Employees' Pension Plan does not have a legal requirement to have a budget. The Trustees must approve all expenditures. The Pension Trustees approved the routine expenditures for the sake of efficiency. Expenditures involve routine business matters and are mostly small dollar amounts: 1) Medical bills are the medical services that the Pension Advisory Committee authorizes; 2) Printing and binding is for the statutorily required annual information distribution to the members of the pension plan; and 3) Travel and training is for the mandatory training required by State statute for PAC (Pension Advisory Committee) Members, Trustees, and Investment Committee Members. Included with these numbers is the annual authorization for pension attorneys, Klausner & Kaufman. Money manager, safekeeping, actuary, and pension administration fees are all set by contracts approved by the Trustees and are not included here. Reimbursement to the General Fund and the Self Insurance Fund is for the cost of oversight of the Plan and is recognized as revenue to the funds. This reimbursement covers the services provided by the Pension Advisory 2005-09-23 5 . . . Human Resources (some of these employees are paid out of the Self Insurance Fund), Payroll, and Finance Departments. 2-:- Director's Reports Mr. Roseto said in October, staff will present for review PAC suggested changes to the Pension Plan, including related costs. Meetings will be scheduled with the bargaining groups to discuss the changes before they are placed on referendum. 7 - Committee Members to be Heard - None. 8 - Adiournment The meeting adjourned at 9:55 a.m. 0ft.~ ~ Pension Advisory Committee Pension Advisory 2005-09-23 6