11/10/2005
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PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
November 10, 2005
Present:
.John Lee
Nathan Hightower
Chair
Vice-Chair
Committee Member
Committee Member
Committee Member/Councilmember
Committee Member/Councilmember
Committee Member/Councilmember
Tnr"'n l.onno,n
. VIII """""I IV""I 1
John Schmalzbauer
Hoyt P. Hamilton
Carlen Petersen
John Doran
Also Present:
Human Resources Director
Board Reporter
Joe Roseto
Patricia O. Sullivan
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 Petersen moved to approve the minutes of the regular meeting of October 20, -
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. Edgar McAffee, Public Services
2. Leroy D. Robinson, Jr., Public Utilities
3. Simon L. Reina, Police
Member Schmalzbauer moved to approve the requests for regular pensions for Edgar
McAffee, Leroy D. Robinson, Jr., and Simon L. Reina. The motion was duly seconded and
carried unanimously.
b) Approval of New Hires as Plan Members:
As of October 27, 2005, the City had 1823.01 out of 1899.2 budgeted positions.
In response to a question, Human Resources Analyst Deb Ford stated that PAC (Pension
Advisory Committee) approval of plan membership is necessary for all employees who had
pension benefit funds withheld from paychecks, regardless of their length of employment.
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Member Doran moved to accept the following employees into membership in the
Pension Plan:
Name, Job. Class, & De-'p!/Div.
Pension Eligible
Date
Hire Date
Julia Babcock, Planner I, Planning 09/06/05
Poterio Arizala DeGuzma, Solid Waste Worker, Solid Waste 10/03/05
Timothy McVey, Solid Waste Worker, Solid Waste 10/03/05
Sean Flynn, Fire Medic, Fire 09/06/05
James Boise, Tradesworker, Parks & Recreation 10/10/05
Christopher Malone, Survey Assistantl, Engineering 10/17/05
John Warner, Customer Svc. Rep., Dev & Neighborhood Svcs 10/17/05
Lisa Kothe, Librarian I, Library 10/17/05
David Ruch, Parks Service Technician I, Parks & Recreation 10/17/05
Joseph Bolle, Parks Service Technician I, Parks & Recreation 10/17/05
09/06/05
1 0/03/05
10/03/05
09/06/05
10/10/05
10/17/05
10/17/05
10/17/05
10/17/05
10/17/05
The motion was duly seconded and carried unanimously.
5 - Pendinq/New Business
a) Virginia/David Ford Hearing
Member Hightower declared a conflict of interest.
Human Resources Director Joe Roseto reported that Virginia Ford's attorney had
contacted PAC attorney Stuart Kaufman at the close of business yesterday, reporting he had
been unable to get in touch with Ms. Ford to notice her about today's meeting and requesting a
continuance to December 8, 2005.
Concerns were expressed that the applicant could requestmany more continuances and
that prompt action on the item is necessary. It was questioned if the committee could enforce a
failure to appear. Mr. Roseto reported that Mr. Kaufman had opined that pension rules provide
applicants the right to appear before the PAC to make their case and the PAC has little control
regarding Ms. Ford's availability. PAC rules do not establish a maximum number of
continuances. Mr. Roseto will question Mr. Kaufman regarding the PAC's ability to hold the
hearing in December, even if Ms. Ford is absent.
In response to a question, Assistant City Attorney Leslie Dougall-Sides said the City and
applicant had mutually agreed to some previous continuances, however the City was prepared
to proceed with the case last month. It was recommended that the hearing be held in
December and that Ms. Ford's attorney be required to attend, even if Ms. Ford does not.
Member Hamilton moved to continue Item 5a, the Virginia/David Ford Disability Hearing
to December 8,2005. The motion was duly seconded. Members Jensen, Schmalzbauer,
Hamilton, Petersen, and Doran and Chair Lee voted "Aye"; Member Hightower abstained.
Motion carried.
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b) Peter Tsagaratos - Job-connected Disability Hearing
Mr. Roseto reviewed hearing procedures, provisions, and exclusions.
Member Hamilton moved to introduce into evidence the entire file, inclusive of medical
records, and the IME (Independent Medical Exam) conducted by G. E. Vega, M.D. The motion
was duly seconded and carried unanimously.
Kathleen Hudson, representative for Peter Tsagaratos, said medical information in the
packets demonstrates that Mr. Tsagaratos is disabled from performing his duties as a police
officer. She said testing suggested by Dr. Vega had been discussed previously during workers
compensation treatment. She said there is no indication that the disability is not continuous.
She said general disability exclus!ons do not apply to Mr. Tsagaratos. She requested the PAC
approve a job-connected disability for Mr. Tsagaratos.
Ms. Dougall-Sides said the City does not oppose the application based on the prior
workers compensation claim. She said the IME indicated that Mr. Tsagaratos is unable to
perform all duties and typical tasks required for a police officer. The City has no permanent light
duty positions available for Mr. Tsagaratos. The PAC could require and pay for additional
testing recommended by Dr. Vega.
In response to a question, Ms. Hudson said the subject tests had been considered
previously, but were found not to be necessary.
Member Schmalzbauer moved that Peter Tsagaratos 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 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.
6 - Director's Report - None.
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7 - Committee Members to be Heard
In response to Member Jensen's request for clarification regarding the reduction in
pension benefits for early retirement, Mr. Roseto said the maximum reduction is 15%, or 3% a
year for each year between the ages of 50 and 55.
In response to a question, Deb Ford said retirement benefits become effective during the
first calendar month following the month when one retires. The first benefit check is issued on
the last date of that first mo!"!th. The first check is delayed when retires fail to submit required
paperwork on time. Late filers do receive retroactive payment for missed benefits.
Member Schmalzbauer reported he will attend the December PAC meeting.
8 - Adiournment
The meeting adjourned at 9:23 a.m.
Pension Advisory 2005-11-10
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Pension Advisory Committee
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