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05/12/2016 Pension Advisory Committee Meeting Minutes May 12, 2016 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Thursday, May 12, 2016 9:00 AM Council Chambers - City Hall Pension Advisory Committee Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 Roll Call Present 7 - Chair Nathan Hightower, Vice Chair Tom Jensen, Committee Member Bill Jonson, Committee Member Hoyt Hamilton, Committee Member Laura Damico, Committee Member Greg Newland, and Committee Member Bob Cundiff Also Present- Stuart Kaufman —Attorney for the Committee, Joe Roseto — Human Resources Director, Patricia O. Sullivan — Board Reporter 1. Call To Order The Chair called the meeting to order at 9:10 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 2.1 Approve minutes of April 14, 2016 Pension Advisory Committee meeting as submitted in written summation. Member Hamilton moved to approve minutes of April 14, 2016 Pension Advisory Committee meeting as submitted in written summation. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda: None. 4. New Business Items 4.1 Recommend approval of the new hires for acceptance into the Pension Plan as listed. Name, Job Classification, Department Pension Eligibility Date Jenae Swann *, Recreation Leader, Parks and Recreation 04/02/2016 Ernesto Vildostegui **, Wastewater Treat. Plant Oper. Trainee, Public Utilities 04/02/2016 Marilyn John, Librarian II, Library 04/04/2016 Jason Alber, Drafting & Mapping Technician, Engineering 04/04/2016 Lisa Weber, Accounting Technician, Gas Department 04/04/2016 John San Antonio, Fleet Mechanic, General Services 04/04/2016 Kelsey Viars, Police Officer, Police Department 04/18/2016 Langston Woodie, Police Officer, Police Department 04/18/2016 Matthew Prianciani, Police Officer, Police Department 04/18/2016 Kyle McCall, Police Communications Operator Trainee, Police Department 04/18/2016 Nicholas Lawn, Economic Development Specialist, Econ. Dev & Housing 04/18/2016 Matthew Fretwell, Field Service Representative I, Customer Service 04/18/2016 Rohan Thomas, Stormwater Technician I, Engineering 04/18/2016 Page 2 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 Cody Foster, Gas Technician I, Gas Department 04/18/2016 Brett Jennings ***, Gas Technician I, Gas Department 04/18/2016 Phillip Greene, Gas Technician I, Gas Department 04/18/2016 Kyle Lantz, Systems Analyst, Information Technology 04/18/2016 Dominic Sharp ****, Solid Waste Worker, Solid Waste 04/18/2016 Dale Evans, Parks Service Technician I, Parks and Recreation 04/18/2016 * Jenae Swann was employed in a seasonal position from 05/30/2015 to 01/08/2016, and then rehired into a part time position on 01/09/2016. She was hired into a full time full time position on 04/02/2016 and will be eligible for pension as of 04/02/2016. ** Ernesto Vildostegui was employed in seasonal part-time positions from 03/06/2011 to 04/05/2012, 05/08/2012 to 11/30/2012, and 07/13/2015 to 11/27/2015. He was employed in a part time position from 11/28/2015 to 04/01/2016 and then hired into a full time position on 04/02/2016. He will be eligible for pension as of 04/02/2016. *** Brett Jennings was previously employed with the City of Clearwater. He was initially in a temporary position from 11/23/2009 to 02/28/2010, and was then hired into a full time position 03/01/2010. He resigned effective 08/17/2012, and was rehired 04/18/2016. He is eligible for pension as of 04/18/2016. **** Dominic Sharp was employed in a temporary position from 02/22/2016 to 04/17/2016. He was hired into a full time full time position on 04/18/2016 and will be eligible for pension as of 04/18/2016. Member Jensen moved to recommend approval of the new hires for acceptance into the Pension Plan as listed. The motion was duly seconded and carried unanimously. 4.2 Recommend approval of the following request of employees Gary Kepner, Solid Waste General Services Department and Shari Lepper, Human Resources Department, to vest their pensions as provided by Section 2.419 of the Employees' Pension Plan. Gary Kepner, Solid Waste Supervisor I, Solid Waste General Services Department, was employed by the City on October 13, 1997, and began participating in the Pension Plan on that date. Mr. Kepner terminated from City employment on April 9, 2016. Shari Lepper, Human Resources Office Assistant, Human Resources Department, was employed by the City on June 16, 2003, and began participating in the Pension Plan on that date. Ms. Lepper changed status from full-time to part-time on October 4, 2014. The Employees' Pension Plan provides that should an employee cease to be an employee of the City of Clearwater or change status from full-time to part-time after completing ten or more years of creditable service (pension participation), such employee shall acquire a vested interest in the retirement Page 3 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 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 2.416 provides for normal retirement eligibility for non-hazardous duty employees hired prior to the effective date of this reinstatement (1/1/13), a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of fifty-five (55) years and completed twenty (20) years of credited service; the date on which a participant has reached age sixty-five (65) years and completed ten (10) years of credited service; or the date on which a member has completed thirty (30) years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of sixty (60) years and completed twenty-five (25) years of credited service; or the date on which a participant has reached the age of sixty-five (65) years and completed ten (10) years of credited service. Mr. Kepner will meet the non-hazardous duty criteria and begin collecting a pension in November 2019. Ms. Lepper will meet the non-hazardous duty criteria and begin collecting a pension in July 2023. Member Hamilton moved to recommend approval of the following request of employees Gary Kepner, Solid Waste General Services Department and Shari Lepper, Human Resources Department, to vest their pensions as provided by Section 2.419 of the Employees' Pension Plan. The motion was duly seconded and carried unanimously. 4.3 Formal hearing for Matthew Anderson request for job-connected disability pension (Cont'd from 3/10 and 4/14/16) Member Hamilton moved to accept into evidence additional information submitted since April 14, 2016 re Matthew Anderson's case. The motion was duly seconded and carried unanimously. Attorney Joseph Corsmeier, representing Matthew Anderson, said Mr. Anderson was so committed to becoming a Police Officer he paid his tuition to the Police Academy. He said Mr. Anderson worked for the City of Clearwater as a Police Officer for 10 years and was injured on the job 3 times: 1) March 4, 2009— combative drunken man started bar fight and violently shoved Mr. Anderson into a vehicle, 2) December 10, 2011 — head-on collision with combined speed of 90 mph, and 3) September 12, 2012— collision from rear. He said the incidents aggravated Mr. Anderson's back, causing him severe pain and making it impossible for him to perform his duties as a Police Officer. Attorney Corsmeier said Mr. Anderson sought treatment from Melanie De Souza, M.D. for minor back pain. He said he began seeing Robert Levin, Page 4 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 M.D., an experienced board certified rheumatologist, on December 26, 2012. He said Mr. Anderson was diagnosed with AS (Ankylosing spondylitis), an autoimmune disease. He said Dr. Levin concluded that Mr. Anderson's AS was exacerbated or aggravated by his on-the-job injuries. He said Mr. Anderson should be awarded a service-connected pension. Attorney Michael Gilman, Special Counsel for the Pension Plan, deferred his opening statement. In response to Attorney Corsmeier's questions, Matthew Anderson reviewed his background and stated his first treatment with Dr. De Souza was in 2008 or 2009 for back and hip pain and stiffness. He said after the 2009 bar incident, the initial surge of adrenalin gave way to difficulty sleeping due to acute back pain that he assumed would subside in time. He said he eventually returned to Dr. De Souza. Mr. Anderson said he suffered a concussion in the 2011 head-on accident and was seen by his doctor and Workers' Compensation doctors for substantial back and hip pain. He said he wanted to return to work as soon as possible. He said Workers' Compensation doctors sent him to 2 rehab centers, which indicated he should not be there, the Workers' Compensation doctors approved his return to work. He said he continued to work with pain in his back and hips. He said after the 2012 rear-end accident, he spent the next year on light duty under Workers' Compensation doctors'orders while following doctors'rehab instructions. He said he returned to duty while still receiving treatment. Mr. Anderson said when reviewing his medical records, the Workers' Compensation doctors saw Dr. De Souza's notation that he might have AS. He said he was not aware of the condition until the Workers' Compensation doctors brought it to his attention. He did not recall Dr. De Souza discussing it and said she had not ordered tests. He said the news scared him and he sought a specialist, Dr. Levin concluded he had AS. Mr. Anderson said it brought him no pride to appear before the Committee. He said he never intended to pursue a disability pension but the doctors said he had no choice. In response to Attorney Gillman's questions, Mr. Anderson said while on duty in 2009 or 2010, he swerved to avoid a drunk driver, lost control of the vehicle, and hit a street sign. He said while off duty in February 2014, he was rear-ended and fractured the femur above his knee. He said he had back problems prior to this accident, which probably made them worse. Mr. Anderson said he worked as a Police Officer from January 10, 2005 to January 11, 2015, when he realized he could not continue doing his job. He said he battled through pain for a long time to keep working but had difficulty sleeping or sitting for long periods of time and could no longer run fast. Page 5 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 Attorney Gillman asked why he was able to return to full duty for a year and a half after 3 accidents and then resigned immediately after his tenth anniversary. Mr. Anderson said when Workers' Compensation doctors approved his return to work, he continued treatment with his personal doctors to get the help he needed. He said he sued Workers' Compensation for health care treatment for the injuries he sustained on duty so that he could return to work. He said Workers' Compensation's settlement offers were unreasonable and influenced his decision to resign. In response to Attorney Gillman's questions, Mr. Anderson did not recall the first time he experienced the sensation that his hip had fallen out of its socket. He said he mentioned it during rehab treatments. He said he was not in rehab now but continued to check in with his doctors. He said he explored pharmacology treatment. Mr. Anderson said after the bar fight he was treated by Dr. De Souza and had rehab for approximately one year, missing about a week of work from time to time due to his night shift schedule. He said he had provided his history of pain syndrome to Dr. Levin. He said he could not wear his police belt today as it caused him back pain. He said after 2009, the police belt hurt him constantly. In response to Attorney Corsmeier's questions, Mr. Anderson said before the 2009 bar fight, he had minor pain and could work without problems. He said his pain management treatment with Ashraf Hanna MD began after the bar fight and he was still treated by Radiologist David Wolstein, MD. The Pension Advisory Committee recessed from 10:34 to 10:39 a.m. In response to Committee Member questions, Mr. Anderson said he did not recall the hip x-rays ordered in May 2008 by Dr. De Souza that found some displaced fractures. Some of Dr. De Souza's May 27, 2008 notes were read aloud, indicating Mr. Anderson had presented himself with hip problems, a feeling his hip was out of the socket, intermittent back stiffness, limping once a month or more, and complaints that the 20-pound gun belt bothered his hips. Mr. Anderson said the way the notes were worded was a point of contention. He said he first visited Dr. De Souza because his hips and back had hurt for a couple of months. Member Cundiff said he had not received all of the medical evidence. Discussion ensued with a comment that Mr. Anderson was permanently disabled and unable to do his job. It was questioned if the disability was job connected as AS was diagnosed prior to the bar fight. It was noted the lengthy report by IME (Independent Medical Exam) physician Paul Pagano MD did not cite traumatic findings. Page 6 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 Mr. Anderson said he continued working while having a hard time admitting that he could not properly perform his job. He said he had too much fight in him in 2012 to consider disability. He said the Workers' Compensation process was slow, confusing, and required him to hire an attorney. He said Workers' Compensation's final ultimatum was for him to accept a financial settlement to cover future health care costs or battle them and lose his job. He said he signed the agreement because he wanted medical help and to keep his job. Mr. Anderson said his major symptoms related to his hip joints, where the weight of the belt caused constant pain in his lower back. He said he first visited Dr. De Souza for pain that kept him awake at night. He said the pain level changed from moment to moment but increased following the bar fight. He said after treatment with Dr. Hanna, he had occasional pain if he slept wrong or sat too long. He said the pain spiked following the head-on collision and he began to tell his Sergeant about his pain. He said the pain tapered and he was able to return to work, which was all he wanted to do. He said painful radiofrequency ablation treatments provided him temporary relief but were not covered by health insurance. Mr. Anderson reviewed his 2014 off-duty vehicle accident and said he did not recall why he did not mention it in the interrogatories. He said he told Dr. Levin and Dr. Pagano about that accident. He said he was surprised to learn he had AS following the 2012 crash. In response to Attorney Corsmeier's questions, Mr. Anderson said the micro fracture from the off-duty crash did not affect his back and he was able to continue to wear his belt and do his job. He said it helped a little when he removed some equipment from the belt. Attorney Gillman reviewed case depositions, noting discrepancies between doctor notes and Mr. Anderson's recollections. He said Dr. Pagano's report recognized Mr. Anderson's pain symptoms and suffering had limited his ability to perform his duties and evidence that symptoms would continue. He said the report indicated symptoms predated the first industrial accident and Mr. Anderson continued working after each accident. He said Dr. Pagano and Dr. Levin agreed that AS was not caused by accidents, that Mr. Anderson's AS was the major contributing cause of his disability, and there was no evidence that Mr. Anderson was malingering. Attorney Gillman said Dr. Levin concluded the industrial accidents permanently exacerbated Mr. Anderson's pain symptoms, which had not subsided. He said Dr. Levin's opinion was based on the medical history given to him by Mr. Anderson. He said Dr. Pagano had reviewed Mr. Anderson's medical records and concluded the industrial accidents caused temporary flare-ups and that Mr. Anderson's symptoms were worsening due to the natural progression of AS. Page 7 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 Attorney Gillman said Dr. De Souza's 2008 notes considered that Mr. Anderson's pain was related to bursitis or AS and referenced an increased frequency of symptoms. He said Dr. Pagano's report indicated these two conditions often were related and concluded Mr. Anderson had classic signs of AS unrelated to trauma in 2009. He said Dr. Pagano's report stated that Mr. Anderson's AS symptoms were advanced for his age group, no published criteria concluded that trauma exacerbated AS symptoms, and he had never seen AS symptoms accelerated by blunt trauma. Attorney Gillman said Mr. Anderson's disability was not caused or accelerated by accidents and was not job-connected. Attorney Corsmeier said Dr, Levin, an experienced Rheumatologist, continued to treat Mr. Anderson. He said Dr. Pagano, an Orthopedic Surgeon, was not an AS specialist and spent one hour with Mr. Anderson. He said Dr. Pagano was unfamiliar with studies cited by Dr. Levin that provided a medical basis for his conclusion that the accidents exacerbated Mr. Anderson's symptoms. He said Dr. De Souza had not concluded that Mr. Anderson could not work. He cited a 2010 court case that determined that accidents were a substantial contributing factor in accelerating symptoms. He said in spite of Mr. Anderson's accidents, he continued to work and received consistently good job evaluations. He said impairment ratings by Workers' Compensation doctors were not relevant. Attorney Gillman said two qualified physicians reached different conclusions. He said Dr. Levin had not seen Dr. De Souza's records showing that Mr. Anderson had exhibited AS symptoms prior to his first industrial accident. He said Mr. Anderson had reported pain levels lower after the second vehicular accident than before the first one. He said Dr. Hanna's records did not show worsening pain. Attorney Corsmeier said Mr. Anderson consistently reported his pain to doctors. Attorney for the Committee Stuart Kaufman reviewed related case law. He said finding the disability was job-connected required that a preponderance of evidence proved industrial accidents aggravated the condition. He said committee members needed to determine which doctor they believed and which evidence was more convincing, regardless of the volume presented. The Pension Advisory Committee recessed from 11:46 to 11:52 a.m. Member Damico moved that Matthew Anderson was totally and permanently disabled. The motion was duly seconded and carried unanimously. Discussion ensued. It was felt Dr. Pagano's arguments were stronger. Support for a job-related disability was expressed based on Dr Levin's opinion that industrial accidents contributed to the deterioration of Mr. Anderson's symptoms. Page 8 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 Member Hamilton moved that Matthew Anderson's disability was job-connected and to approve a job-connected disability pension for him. The motion was duly seconded. Members Hamilton, Newland, Cundiff and Chair Hightower voted "Aye"; Members Jensen, Jonson, and Damico voted "Nay." Motion carried. Mr. Anderson was thanked for his service and offered wishes of good luck. 4.4 Informal hearing for Sarah Happs (Watson) request for job-connected disability Attorney Kaufman said Sarah Happs (Watson), a firefighter, filed an application for a job-connected disability pension on July 6, 2015. Ms. Happs (Watson) sustained a back injury at work in February 2014 while lifting, and underwent surgery for the injury on May 19, 2014. Dr. Smith performed an IME in 2016 and concluded the disability was job-connected but not permanent. Sarah Happs (Watson) said she changed her name last July. She said she worked for Clearwater for almost 8 years and did not want to leave. Member Hamilton moved to accept into evidence the entire file of records for Sarah Happs (Watson). The motion was duly seconded and carried unanimously. In response to questions, Ms. Happs (Watson) said in 2012 she was treated with injections for a work-related herniated disc injury. She said following her February 2014 injury, she had surgery. She said when many problems continued, the doctor terminated her physical therapy sessions. It was noted Ms. Happs (Watson) had a functional capacity evaluation in December 2014 and had been on light duty for more than two years. Concern was expressed the IME report was very brief and recommended that Ms. Happs (Watson) try to get better through physical therapy and exercise. Ms. Happs (Watson) said she had not been assigned therapy through the City. She said Dr. Bosch took over her case after her surgeon left the practice. She said she could not lift 40 to 50 pounds. She said rehab had not helped and she had a bad reaction to her last injection. She said the doctor said her only other option was to have her discs fused. It was stated as current evidence was insufficient to make a decision, a formal hearing should be scheduled. It was noted the IME report said Ms. Happs' (Watson) condition was not permanent but while the Workers' Compensation doctor released her to return to work, restrictions on the amount of weight she was permitted to lift disqualified her from working as a firefighter. Page 9 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 Human Resources Director Joe Roseto said Ms. Happs (Watson) could not be put back on the line as the imposed restrictions did not meet minimum lifting requirements, firefighters had to perform the full range of duties. It was stated that nothing had happened to improve Ms. Happs' (Watson) condition, she remained on light duty, and lifting restrictions prevented her from returning to full duty. Discussion ensued regarding job requirements for firefighters. Mr. Roseto said before they were certified, all firefighters faced a long probation period that required them to pass multiple tests of their abilities. Concern was expressed this IME was the first one seen that recommended an independent exercise program. It was felt fusing surgery would prevent Ms. Happs (Watson) from ever returning to work. Mr. Roseto reviewed the IME doctor selection process. Attorney Kaufman said the City could not require employees to undergo surgery. Concern was expressed the IME did not indicate that Ms. Happs'(Watson) disability was permanent. Member Jensen moved to approve a total and permanent job-connected disability pension for Sarah Happs (Watson). The motion was duly seconded. Members Jensen, Jonson, Hamilton, Damico, Newland, and Cundiff voted "Aye"; Chair Hightower voted "Nay." Motion carried. Ms. Happs (Watson) was thanked for her service to the City. 4.5 Informal hearing for Tammy Whitham request for job-connected disability pension Tonya Oliver and Jason Fox, attorneys for Tammy Whitman, said Ms. Whitham was hired by the City as a firefighter on May 6, 1998 and was placed on light duty on April 22, 2014, following a back injury that occurred when she was on-duty, carrying about 60 pounds. Member Jonson moved to accept into evidence the entire file of records for Tammy Whitman. The motion was duly seconded and carried unanimously. Attorney Kaufman reviewed procedures. Member Newland moved to approve a job-connected disability pension for Tammy Whitman and that her disability was total and permanent. The motion was duly seconded and carried unanimously. Page 10 City of Clearwater Pension Advisory Committee Meeting Minutes May 12, 2016 Ms. Whitman was thanked for her service to the City. Ms. Whitman said she loved her job and would miss it. 5. Old Business Item: None. 6. Director's Report Mr. Roseto said computers would be installed on the dais. Members will be able to access files for future cases via the cloud. 7. Board Members to be Heard Discussion ensued re today's hearings with a recommendation that all future evidence be numbered with magic marker and that advocates be advised to reference documents according to the uniform set of numbers. Attorney Kaufman said while hearsay was admissible, members needed to base their decisions on testimony, direct evidence, and depositions. 8. Adjourn The meeting adjourned at 12:40 p.m. Attest: / Chair Pension Advisory Committee a d Repo City of Clearwater Page 11