08/10/2006
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PENSION ADVISORY COMMITTEE MEETING MINUTES
CITY OF CLEARWATER
August 10,2006
Present:
Nathan Hightower
Tom Jensen
John Schmalzbauer
Hoyt P. Hamilton
Carlen Petersen
John Doran
Stephen Sarnoff
Chair
Vice-Chair
Committee Member
Committee Member/Councilmember
Committee Member/Councilmember
Committee Member/Councilmember
Committee Member
Also Present:
Joe Roseto
Patricia O. Sullivan
Human Resources Director
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 July 20,
2006, 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. Michael J. Walsh, Public Services
2. Richard A. Rosa, Development & Neighborhood Services
Member Petersen moved to approve the requests for regular pensions for Michael J.
Walsh and Richard A. Rosa. The motion was duly seconded and carried unanimously.
b. Review and Action on Employee Requests to Vest Pensions:
1. James A. Berry, Solid Waste
James A. Berry, Solid Waste, has resigned his position after being employed by the City
for more than 19 years. He will qualify to receive his reduced pension beginning March 1, 2017.
Member Jensen moved to recommend approval of the request by James A. Berry to
vest his pension. The motion was duly seconded and carried unanimously.
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c. Approval of New Hires as Plan Members:
Member Petersen moved to accept the following employees into membership in the
Pension Plan:
Name. Job. Class. & Dept./Div.
Pension Eligible
Hire Date Date
Jacqueline Clemons, Recreation Programmer/Parks & Rec. 12/02/02
Jared Barden, Network Analyst/Information Technology 07/10/06
Shannon Spencer, Librarian I/Library 07/10/06
Stephanie Gilmore, City Clerk Specialist/Off. Rec. Legis. SVC5. 07/10/06
Jill Harris, Recreation Programmer/Parks & Recreation 07/10/06
David Bell, Custodial Worker/Parks & Recreation 03/25/02
Miguel Santiago, Parks Service Technician I/Parks & Rec. 07/24/06
Jeffrey Yatchum, Field Service Representative I/Cust. Svc. 07/24/06
Christopher Hubbard, Recreation Specialist/Parks & Rec. 07/24/06
James Weis, WWTP Operator Trainee/Public Utilities 07/24/06
Charles Brown, Parks Service Technician I/Parks & Rec. 07/24/06
Shannon Kasparek, Police Cadet/Police 07/24/06
Megan Coneby, Police Cadet/Police 07/24/06
Phong Pham, Police Cadet/Police 07/24/06
Dustin Kennedy, Police Cadet/Police 07/24/06
Lynne Marchitello, Parks Service Technician I/Parks & Rec. 07/24/06
06/24/06
07/10/06
07/10/06
07/10/06
07/10/06
07/08/06
07/24/06
07/24/06
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07/24/06
Jacqueline Clemons originally was employed as part-time on December 2, 2002;
promoted and pension eligible as of June 24, 2006. David Bell originally was employed as part-
time on March 25, 2002; made permanent and pension eligible as of July 8, 2006.
The motion was duly seconded and carried unanimously.
5 - Pendina/New Business
a. David Koscielniak - Job-connected Disability Hearing
Human Resources Director Joe Roseto reviewed David Koscielniak's application for a
job-connected disability and the requirements of Code. None of the listed exclusions applies.
Member Schmalzbauer moved to accept into evidence the entire file, inclusive of the
personnel file, interrogatories, medical records, and the IME (Independent Medical Exam). The
motion was duly seconded and carried unanimously.
Mr. Roseto said the IME doctor, Frank K. Kriz, Jr., M.D., had determined that a job-
connected disability did not exist. However, staff took into account other factors, including City
policy and limitations resulting from a previous workers compensation injury, and determined
that Mr. Koscielniak could not return to full duty as a Police Officer. Should the PAC (Pension
Advisory Committee) deny the disability application, the City would be obligated to return Mr.
Koscielniak to full-time work as a Police Officer, with no loss of pay. The City did not contest the
application.
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Kathleen Hudson, representative for Mr. Koscielniak, reviewed the application, his
previous injuries, medical reports, and current restrictions.
In response to questions, Mr. Roseto stated that the IME doctor had not submitted a
corrected report in response to a Pension Plan Attorney inquiry regarding report contradictions.
Disability benefit recipients must submit annual notarized verifications that they remain disabled
and are not performing duties similar to those they had performed previously.
Discussion ensued with comments that doctor reports had documented change from one .
year to the next and that the later accident had caused new injuries and worsened an earlier
condition.
Member Schmalzbauer moved that David Koscielniak 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.
Mr. Koscielniak was thanked for his years of dedicated service.
b. Lula Brooks - Set Date for Non-job-connected Disability Hearing
Member Doran moved to schedule a non-job-connected disability hearing for Lula
Brooks on September 14,2006. The motion was duly seconded and carried unanimously.
7 - Director's Report
Elizabeth A. Alvarez
Mr. Roseto reported the City's long-standing policy is to recoup funds from pensioners
who are overpaid for any reason. The City will contact Elizabeth Alvarez, via certified mail, to
establish a payment plan to recoup approximately $800 in overpaid pension funds. Ms. Alvarez
did not answer previous City correspondence on this issue. Should she not respond to the next
inquiry, the City will begin withholding a portion of her monthly pension benefit until the
overpayment is recovered. Should Ms. Alvarez challenge this policy, the Pension Trustees will
be asked to respond with legal action. Mr. Roseto said the City does not want to establish
precedence and needs to send a message that this behavior is unacceptable.
Support was expressed for the City's position. Mr. Roseto said the PAC could discuss
clarification of this issue when the draft rewrite of the Pension Plan is available for review.
Concern was expressed that the City should not inflict hardship when recouping overpayments
that resulted from staff error. Mr. Roseto said staff is obligated to recover City funds. The
Plan's counsel and Pension Trustees guide staff actions.
Discussion ensued regarding decisions to settle City lawsuits. It was stated that the City
never could be guaranteed that it would prevail in a court case.
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7 - Committee Members to be Heard
Member Jensen encouraged PAC members to participate in pension trustee education
opportunities during the Fall FPPTA (Florida Public Pension Trustees Association) meetings in
St. Pete Beach.
8 - Adiournment
The meeting adjourned at 9:40 a.m.
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Chair v /'
Pension Advisory Committee
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