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01/12/2006 . . . PENSION ADVISORY COMMITTEE MEETING MINUTES CITY OF CLEARWATER January 12, 2006 Present: John Lee Nathan Hightower Tom Jensen John Schmalzbauer Hoyt P. Hamilton Carlen Petersen John Doran Chair Vice-Chair - departed at 11: 18 a.m. Committee Member 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 ,;, Approval of Minutes Member Petersen moved to approve the minutes of the regular meeting of December 8, 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. William E. Sheppard, Fire 2. Edward E. Hunley, Police 3. Charles E. McAbee, Public Services Human Resources Director Joe Roseto reported that Charles McAbee had asked that his request for regular pension be withdrawn. Member Jensen moved to approve the requests for regular pensions for William E. Sheppard and Edward E. Hunley. The motion was duly seconded and carried unanimously. b) Review and Action on Employee Requests to Vest Pensions: 1. Michael K. Furlong, Information Technology Pension Advisory 2006-01-12 1 . . . Michael K. Furlong, Information Technology, has resigned his position after being employed by the City for more than 11 years. He will qualify to receive his reduced pension beginning October 1, 2018. Member Jensen moved to recommend approval of the request by Michael K. Furlong to vest his pension. The motion was duly seconded and carried unanimously. c) Approval of New Hires as Plan Members: As of December 22, 2005, the City had 1823.01 FTEs out of 1899.2 budgeted positions. Member Petersen moved to accept the following employees into membership in the Pension Plan: Name. Job. Class. & Deot./Div. Hire Date Josh Riley, Field Service Rep Customer Service 11/14/05 Rafael Gray, Parks Service Tech I Parks & Recreation 10/24/05 Paul Cooper, Construction Inspector I Public Services 11/28/05 Burton Spissak, Licensed Electrician Parks & Recreation 11/28/05 Catherine Dumlao, Police Comm Oper Police 11/28/05 Mary Carroll, Parks Service Tech I Parks & Recreation 11/28/05 John Garakop, Welder Solid Waste 11/28/05 Amber Meagher, Police ComOperTne Police 11/28/05 Konrad Ciolko, Sr. Marine Life Guard Marine & Aviation 11/27/05 Alex Deimling, Survey Assistant I Engineering 11/28/05 Fernando Pangandoyon, WWTP Oper Public Utilities 12/12/05 Jahayra Camara, Dev Review Tech I Dev. & Neigh. Services12/12/05 Olatunji Okuboye, Custodial Worker General Services 12/12/05 Travis Mouzon, Solid Waste Worker Solid Waste 12/12/05 Thomas Brooks, Solid Waste Worker Solid Waste 12/12/05 The motion was duly seconded and carried unanimously. 5 - Pendino/New Business a)Richard Zinge, Hearing for Job-connected Disability Hearing Pension Eligible Date 11/14/05 1 0/24/05 11/28/05 11/28/05 11/28/05 11/28/05 11/28/05 11 /28/05 11/27/05 11 /28/05 12/12/05 12/12/05 12/12/05 12/12/05 12/12/05 Pension Advisory Committee Attorney Stuart Kaufman reviewed Richard Zinge's application for a job-connected disability pension, which resulted from a June 18, 2002, falling injury. According to the IME (Independent Medical Exam), Dr. G.E. Vega, M.D. determined that Mr. Zinge is totally disabled from performing the duties of a police officer and is permanently disabled. None of the listed exclusions apply. Member Schmalzbauer moved to accept into evidence the entire file, inclusive of the personnel file, interrogatories, medical records, and the IME (Independent Medical Exam) conducted by G. E. Vega, M.D. The motion was duly seconded and carried unanimously. Pension Advisory 2006-01-12 2 . . . Assistant City Attorney Leslie Dougall-Sides reported the City is not contesting the application. Member Schmalzbauer moved that Richard Zinge is disabled due to a job-connected 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. b) David FordNirginia Ford Job-connected Disability Hearing Member Hightower reported a conflict of interest. Mr. Kaufman said in March 1996, the PAC (Pension Advisory Committee) had granted David Ford a non-job connected disability. As no final order denying a job-connected disability was issued, Mr. Kaufman opined in 2004, that Virginia Ford should be granted the ability to pursue a job-connected ruling. The total permanency of David Ford's illness previously was determined. This hearing is to determine if Mr. Ford's illness was contracted in the line of duty. Frank Brown, representing Virginia Ford Holmes, widow of David Ford, said Mr. Ford worked for the City from October 1980 to November 1995, in a variety of positions, mostly as a spray technician. Mr. Brown objected to the inclusion in evidence of a letter from Dr. Brooks, who he said had never examined Mr. Ford, stating the letter is inflammatory, and only provides pointers on how to defend against the workers comprehension claim. Ms. Dougall-Sides said no IME had been performed on Mr. Ford prior to his death, and the letter relates to a worker's compensation injury. The entire file, inclusive of the personnel file, interrogatories, and medical records was accepted into evidence. Mr. Brown reviewed Mr. Ford's work history with the City, discussing his responsibilities to mix large batches of chemicals, including Dursban, to spray chemicals while wearing only short sleeve shirts and pants, provided by the City, and ride through chemical mists while on the rear of boom trucks. He said the City eventually provided Mr. Ford with a white gauze mask, which provided minimal protection from chemical fumes. He said Mr. Ford had been subjected to significant exposures to chemicals in September 1993 and November 1994. He said Mr. Ford had chronic exposure over 12 to 13 years. Mr. Brown said when the PAC had approved Mr. Ford's non-jab-connected disability request, the committee did not determine that he was ineligible for a job-connected finding but that the issue could be revisited if evidence was provided that exposure to chemicals was a contributing reason for his disability. He said Mr. Ford had died before a supplemental application could be submitted. He said Mr. Ford's illness was caused by his constant, routine exposure to toxic chemicals and that Mr. Ford had not been provided proper safety equipment most of the time, nor proper training. He said Mr. Ford submitted job transfer requests after his Pension Advisory 2006-01-12 3 . . . doctors had advised him against further exposure to chemicals. Mr. Brown reviewed the physical ailments suffered by Mr. Ford, stating his long-term exposure had disabled him and eventually took his life. Ms. Dougall-Sides said the City's position is that this case should not be heard and objects to the hearing. No injury form is attached to the application and no IME was performed. Due to Mr. Ford's deteriorating health, the PAC had been eager to expedite the hearing and did not require that an IME be performed. Mr. Ford's claims regarding his exposure to chemicals and lack of training are not corroborated by other employees or Parks & Recreation Department management. Ms. Dougall-Sides said the paperwork from the City indicated the City had provided Mr. Ford with proper equipment and that it was against City policy for him not to use it. She said Mr. Ford's blood work indicates he had normal levels of chlorpyrifos. She said no evidence has been provided that Mr. Ford was exposed to chemicals. Dr. Goldman stated that Mr. Ford's condition was caused by cardiac disease and Dr. Goldstein had opined that the cause was unlikely chemical. She said there is evidence that Mr. Ford was a smoker and did not take his hypertension medication as prescribed. She said no literature supports Mr. Ford's claim that there is a connection between phosphates and disease. She said if a claim is approved, it should not be retroactive to the original determination. Ms. Dougall-Sides objected to the showing of a video from a news broadcast as the report reflects the reporter's view and is not probative. Consensus was for the video to be shown. The PAC recessed from 9:49 to 9:59 a.m. Mr. Brown showed the video and reviewed the submittals, including medical documents related to his chronic chemical bronchitis and Mr. Ford's deposition related to his Workers Compensation Claim and his job duties, experiences, and medical claims. Mr. Brown said former Human Resources Director Mark Larson had indicated Mr. Ford's benefits would be retroactive if he could prove a job-connection. He said the government had determined that Dursban is potentially harmful and removed it from the market. Isabel Sharpe, M.D. testified that Mr. Ford's illness was a result of chemical exposure. The PAC recessed from 11 :18 to 11 :27 a.m. Dr. Sharpe reviewed Mr. Ford's chlorpyrifos level, stating results cannot be interpreted without a baseline, which does not exist. She said Mr. Ford's levels do not prove anything and cannot be used to determine if toxic poisoning existed. She said Mr. Ford had no other risk factors. Ms. Dougall-Sides said Dr. Sharpe's credentials related to chemicals are limited to her master's thesis and noted that Dr. Sharpe is not a cardiology specialist. No autopsy was performed. Virginia Ford Holmes testified that Mr. Ford's clothes smelled strongly of chemicals and were difficult to wash clean. She said the smell of chemicals remained in her washing machine and home afterwards. She said she could smell chemicals on her husband even after he Pension Advisory 2006-01-12 4 . bathed. She said Mr. Ford had requested a job transfer to work in a better environment. She reviewed difficulties she had raising her son since Mr. Ford passed away. Ms. Dougall-Sides reviewed materials supporting City objections to the request. She said Mr. Ford's death certificate lists the cause of death as undetermined. Mr. Roseto said the record speaks for itself. He said while Mr. Ford was disabled, no evidence was presented that indicates the cause was job-connected. In response to a question, Ms. Dougall-Sides said the record does not indicate when Mr. Ford was provided with a respirator. Mr. Brown said Mr. Ford was provided no protection for the majority of the time he worked as a spray technician. He said the respirator's charcoal filter cartridge never was replaced. Ms. Dougall-Sides said according to staff testimony, the City policy was to train staff and provide personal protective equipment. Mr. Brown said Mr. Ford sprayed Dursban for 13 years, without equipment adequate to protect his skin. He said Dursban is absorbed through the skin. He said he is not contesting current City practices. He said exposure to toxic chemicals was the substantial and aggravating cause of Mr. Ford's disability. . Ms. Dougall-Sides said the PAC had not ordered an IME. She noted Dr. Sharpe, who only examined Mr. Ford once, is not an expert in toxicology or cardiology. She said if Mr. Ford did not use City-provided equipment properly, that would be negligent on his part and an excluding factor for him to qualify for a job-connected disability. Letters related to his Workers Compensation case opine that chemical exposure did not cause Mr. Ford's cardiac or pulmonary problems. She said the applicant has not met the burden of proof. Mr. Brown reviewed Mr. Ford's exposure to toxic chemicals without proper equipment. He reviewed Dr. Sharpe's testimony that chemical exposure was the cause of Mr. Ford's condition. Discussion ensued with comments that materials presented indicate that phosphates do not cause hypertension, that Mr. Ford had a long history of hypertension, and that his mother had died young. It was noted that Mr. Ford's bronchitis had improved when he was away from the job. It was felt that the cardiac issue is the underlying cause and is not job-related. It was stated that Mr. Ford's chlorpyrifos level was in the normal range. Concern was expressed that no evidence was presented regarding City procedures prior to 1997 nor testimony from other workers. It was noted that some medical statements are contradictory. It was felt that Mr. Ford was on the job when he was exposed to chemicals, which had something to do with his death. . Member Doran moved that David Ford was disabled due to a job-connected sickness or injury, such disability was likely to be continuous and permanent from a cause other than those listed as general disability exclusions, and such disability rendered the participant unable to perform any useful, meaningful, and necessary work for the employer in an available. position for which the participant was reasonably qualified or for which the participant could have been reasonably trained to perform. The motion was duly seconded. Members Schmalzbauer, Hamilton, Petersen, and Doran voted "Aye"; Member Jensen and Chair Lee voted "Nay." Member Hightower was not present. Motion carried. Pension Advisory 2006-01-12 5 . . . Mr. Kaufman requested briefs from both parties regarding the effective date of the job- connected disability paymer:t. The PAC will determine the effect!ve date in February. 6 - Director's Report Mr. Kaufman requested responses regarding attendance at the March training conference. 7 ....; Committee Members tc be Heard - None. 8 - Adiournment The meeting adjourned at 1 :01 p.m. ~p.~ Pension Advisory Committee Pension Advisory 2006-02-12 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNT'f. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS CITY tL fi. ~ o.w lIT r4 jZ.. DATE ON 'NHICH VO, o.;:.Ci!:!t --a COUNTY ~;tJtu~~ NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Pi-III S I ON A 0 vis 0 (l "( ~ N"IYn "Ii"~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 'NHICH I SERVE IS A UNIT OF: CITY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: C:, 0(- CL.~p..~AT~P- MY POSITION IS: ",AST NAME-FIRST NAME-MIDDLE NAME 14; 6 ~.:IW i.~ ~~ F&.rrl N AI H. ,.) MAILING ADDRESS 30 I OtLv;p lLD. WI&5.1' o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or o\her local public office MUST ABSTAIN from voting on a measure which nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, fl. NAlIJArJ J...Ii~l-fTo~k..t2. , hereby disclose that on 'JiNVAfl.1f 1 ~ , 20 1) (, : (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; X inured to the special gain or loss of my business associate, F (1..~tJ \L B 11Jow ,.J inured to the special gain or loss of my relative, ...)( inured to the special gain or loss of trI~("r:.A~Na.. FIC..~G.u.s.:>>rJ ~ Me. rYWUr~, :P.A. whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: p,. tl.-'c..4VrLS""'7 iN"~t.."'~N~ f4rc..(l.. LJrj"~ J..lvSf3ANO 's rkN.t~6"" I pr'cd~l 1>.\IG~ ~~:-ri\ UA6- B\1hN SV8Mh)r~ B'I' I, \0 \. F - A ~ V 1 ....f> J f\I ) A 0(10 -l. A rf\ -S:1J-.1\.f\fUOLOr-"I4\- ,rJ 70f\,. Ltl~ f~f\M 01-- Y'n.A'F . I 1'0 ~ #lLAwE Fr(.,~v.s~,J ~ G ''(')\,1 t..U?...... J 1>-/1.. "N ~~r""", A1T~(l..Nr"W)( : N T)J~ F: 4lAAA r: lA> I.U m -, V ,.,.., , ,~ fl,AN)L P.>~w rJ ,'J'- LAw r-, ~ p.rcLy~&, f.J' Pf&.O Ilk. ~fl.ESsc.Nl _ J 1t4k. Appt..k.M's 1>~ _ () J ) J 1-", JJit. A~~ \"'lCArJ}. J M~ Or- FiAC.s - F LAw F :J2.M ~lvr(.. fl-lSu.. ,0 IIJf: /. I. ~ jL~N)l. g~wJJ /1y.J() JIJI<.. "'" '-"'Nt-L.l C , . , by , which /:? t52a::;C ~g~~~fI Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2