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03/14/2019 Pension Advisory Committee Meeting Minutes March 14, 2019 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, March 14, 2019 9:00 AM Council Chambers - Main Library Pension Advisory Committee Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes March 14, 2019 Roll Call Present 7 - Chair Nathan Hightower, Committee Member Greg Newland, Committee Member George Cretekos, Committee Member Hoyt Hamilton, Committee Member Bob Cundiff, Committee Member Christian Schuele, and Committee Member April Eversole Also Present - Stuart Kaufman —Attorney for the Committee, Jennifer Poirrier— Human Resources Director, Patricia O. Sullivan - Board Reporter 1. Call To Order The Chair called the meeting to order at 9:00 a.m. at the Main Library. 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 February 14, 2019 Pension Advisory Committee meeting as submitted in written summation. Member Cundiff moved to approve minutes of February 14, 2019 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 Alexander Kaye, Police Cadet, Police 02/04/2019 Robert Black, Fleet Mechanic, General Services 02/04/2019 Angel Lopez, Fleet Mechanic, General Services 02/04/2019 Matthew Lentner, Parks Service Technician I, Parks & Recreation 02/04/2019 Brenden Overton, Parks Service Technician I, Parks & Recreation 02/04/2019 Aaron Cowan Jr., Parks Service Technician I, Parks & Recreation 02/04/2019 Brandi Harriman, Police Communication Operator Trainee, Police 02/04/2019 Nikki Webster, Police Communication Operator Trainee, Police 02/04/2019 Jason Judd, WasteWater Treatment Plant Operator A, Public Utilities 02/04/2019 Jason Young, Utilities Mechanic, Public Utilities 02/04/2019 Tiison Richardson, Solid Waste Worker, Solid Waste 02/04/2019 Kyahna Roberts, Solid Waste Worker, Solid Waste 02/04/2019 Anthony Foster, Solid Waste Equipment Operator, Solid Waste 02/04/2019 Bernard McNally, Parking, Facility & Security Aide, Marine & Aviation 02/04/2019 Page 2 City of Clearwater Pension Advisory Committee Meeting Minutes March 14, 2019 Tamela Root, Customer Service Representative, Customer Service 02/16/2019 Kieffer Nyland, Drafting & Mapping Technician, Engineering 02/19/2019 Richard Berg III, Stormwater Technician I, Engineering 02/19/2019 Christopher Hurtt, Parks Service Technician I, Parks & Recreation 02/19/2019 Edward Craft, Utilities Mechanic, Public Utilities 02/19/2019 Member Newland 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 Joseph Assed, Public Utilities Department, Kevin Bowler, Fire Department, and Sharron Jackson, Park and Recreation Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. Joseph Assed, Water Distribution Operator, Public Utilities Department, was employed by the City on February 16, 1988, and his pension service credit is effective on that date. His pension will be effective March 1, 2019. Based on an average salary of approximately $55,525.61 over the past five years, the formula for computing regular pensions and Mr. Assed's selection of the Joint and Survivor Annuity, this pension benefit will be approximately $47,399.16 annually. Kevin Bowler, Fire Lieutenant, Fire Department, was employed by the City on March 4, 1996, and his pension service credit is effective on that date. His pension will be effective March 1, 2019. Based on an average salary of approximately $85,784.93 over the past five years, the formula for computing regular pensions and Mr. Bowler's selection of the 50% Joint and Survivor Annuity, this pension benefit will be approximately $55,332.60 annually. Sharron Jackson, Recreation Leader II, Parks and Recreation Department, was employed by the City on March 26, 1979, and her pension service credit is effective on that date. Her pension will be effective April 1, 2019. Based on an average salary of approximately $42,595.52 over the past five years, the formula for computing regular pensions and Ms. Jackson's selection of the Life Annuity, this pension benefit will be approximately $46,868.16 annually. 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. Mr. Assed and Ms. Jackson Page 3 City of Clearwater Pension Advisory Committee Meeting Minutes March 14, 2019 have met the non-hazardous duty criteria. Section 2.416 provides for normal retirement eligibility for hazardous duty employees, a member shall be eligible for retirement following the earlier of the date on which the participant has completed twenty (20) years of credited service regardless of age, or the date on which the participant has reached fifty-five (55) years and completed ten (10) years of credited service. Mr. Bowler has met the hazardous duty criteria. Member Hamilton moved to recommend approval of the following request of employees Joseph Assed, Public Utilities Department, Kevin Bowler, Fire Department, and Sharron Jackson, Park and Recreation Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. The motion was duly seconded and carried unanimously. 4.3 Appoint Michael Walek, Matthew Dupree, John Klinefelter, Roberta Gluski and Denise Balog to serve as the PAC Election Committee with John Klinefelter serving as Chairman. (employee only item) Member Schule moved to appoint Michael Walek, Matthew Dupree, John Klinefelter, Roberta Gluski, and Denise Balog to serve as the PAC (Pension Advisory Committee) Election Committee with John Klinefelter serving as Chair. The motion was duly seconded. Members Newland, Schuele, and Eversole voted "Aye." Motion carried unanimously. 4.4 Informal hearing for Patricia Schauer request for job-connected disability pension Attorney for the Pension Committee Stuart Kaufman said the City hired Patricia Schauer on November 20, 2019. On July 20, 2018, Ms. Schauer applied for a job-connected disability based on PTSD (Post Traumatic Stress Disorder) within 30 days of her June 21, 2018 termination due to a medical condition. He said Ms. Schauer had an IME (Independent Medical Exam) with Eric M. Kaplan M.D. on January 28, 2019. Attorney Kaufman reviewed procedures for an informal hearing. According to case law, Ms. Schauer was considered totally disabled. The PAC needed to base their decision re permanency of her condition on documentary evidence. Patricia Schauer said she had planned to work as a firefighter for 20 years but could not continue following traumatic experiences during her service. She said her crew knew something was wrong. She said she went through treatment for a year. She said she had tried to do her best but it was not safe for her continue in her position. Page 4 City of Clearwater Pension Advisory Committee Meeting Minutes March 14, 2019 Member Newland moved to accept into evidence the entire file, inclusive of the application, personnel file, interrogatories, medical records, and the IME. The motion was duly seconded and carried unanimously. It was commented that Ms. Schauer had reached out to the City and Fire Department requesting help prior to her termination. It was stated that PTSD was real and concern was expressed PTSD cases would become more prevalent as Clearwater, while beautiful, was a daily war zone with overdoses, cardiac arrests, shootings, and stabbings. A committee member reported he had been on 2 of 3 referenced calls with Ms. Schauer where a teenager playing with a gun had shot himself and a Clearwater High School student had dropped dead on the track. It was stated hazardous duty employees had high stress jobs. Concern was expressed the IME report opined Ms. Schauer's condition was treatable mostly with pharmaceuticals. It was stated the PAC could not force medical treatment on someone. In response to questions, Attorney Kaufman said if annual exams indicated Ms. Schauer's condition improved, it was unlikely the City would rehire her for a paramedic/firefighter position as she had been terminated. He said the City could have offered her a light duty permanent position. He said Dr. Kaplan had not made a final decision re permanency but had recommended therapies. He said Ms. Schauer had been going through regular therapy. Discussion ensued re conflicts of interest. Attorney Kaufman said when a committee member contacted the City re a possible conflict due to having worked with the applicant, he had opined there was no conflict. He said the committee member would make a decision based on the facts. Member Cundiff moved that Patricia Schauer met the requirements for a job-related disability pension as she was disabled by reason of an injury suffered or an illness contracted in the line of duty, such disability is likely to be continuous and permanent from a cause other than those listed as general disability exclusions, and she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a firefighter. The motion was duly seconded. A formal hearing with additional information was recommended. It was noted the City had terminated Ms. Schauer and no position was available for her even if she was found fit to return to duty. Upon the vote being taken, Members Hamilton, Newland, Cundiff, Schuele, and Eversole voted "Aye"; Member Cretekos and Chair Hightower voted "Nay." Motion carried. Page 5 City of Clearwater Pension Advisory Committee Meeting Minutes March 14, 2019 Ms. Schauer was thanked for her service to the City in a tough job. 4.5 Informal hearing for David Bryan request forjob-connected disability pension Attorney Tonya Oliver, representing David Bryan, said the City hired Mr. Bryan in October 1990. She said Mr. Bryan's injury occurred on September 16, 2005 and he applied for a job-connected disability pension on May 22, 2018 for lymphedema caused by multiple surgeries for on-the-job injuries. She said the IME doctor determined Mr. Bryan was totally and permanently disabled but his lymphedema was not service connected. Attorney Kaufman said the main issue was the length of time between the injury and application for disability. Member Newland moved to accept into evidence the entire file, inclusive of the application, personnel file, interrogatories, medical records, and the IME. The motion was duly seconded and carried unanimously. Attorney Oliver said since 1990, Mr. Bryan had surgeries to repair on-the-job injuries for his right knee, left Achilles heel, and a hernia so he could return to work. She said Mr. Bryan developed lymphedema as a result of the surgeries. She said on March 28, 2018, Workers' Comp doctor Yves Gabriel MD indicated Mr. Bryan could no longer perform his duties as a firefighter. She said Dr. Gabriel had reported Mr. Bryan would not have lymphedema had he not had the surgeries. In response to questions, Attorney Oliver said Mr. Bryan had been advised that many bad things could happen as a result of surgery, he could not have continued working without the surgeries. She said nothing else in his record would have caused lymphedema. She said his records indicated Mr. Bryan first displayed symptoms of lymphedema following his first surgery, his symptoms worsened over time. She said he continued treatment with Dr. Gabriel until he could not work anymore. It was noted that approval of a job-connected disability pension for Mr. Bryan would not increase his pension compensation above its current level. Attorney Kaufman said Mr. Bryan would receive a tax benefit related to a job-connected disability pension but the Pension Fund's obligation would not change. Mr. Bryan said the only way he was able to work was by pumping each leg for 2 hours daily to remove fluid. He said the time necessary to pump his legs had increased, he had worn out 3 lymphedema pumps. He said after his last annual confidence course, he required 10 hours to pump his Page 6 City of Clearwater Pension Advisory Committee Meeting Minutes March 14, 2019 legs. He said he did not want to retire before he had worked 30 years but he had to give up his job because he did not want to be responsible for any injury to a firefighter or citizen. Member Schuele moved that David Bryan met the requirements for a job-related disability pension as he disabled by reason of an injury suffered or an illness contracted in the line of duty, such disability is likely to be continuous and permanent from a cause other than those listed as general disability exclusions, and he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a firefighter. The motion was duly seconded and carried unanimously. Mr. Bryan said it had been a privilege and pleasure serving the City of Clearwater and its citizens. Mr. Bryan was thanked for his service. 5. Old Business Item: None. 6. Director's Report: None. 7. Board Members to be Heard New members Christian Schuele and April Eversole were welcomed to the committee. Member Newland recommended members attend FPPTA (Florida Public Pension Trustees Association) training classes. Attorney Kaufman urged members to attend his firm's annual educational conference June 10- 12, 2019 at the Ft. Lauderdale W Hotel. Pension fund fiduciary responsibilities will be reviewed. Chair Hightower requested education re PTSD. Chair Hightower expressed concern re conflict of interest requirements as peers may show favoritism after working together. Attorney Kaufman said Florida law required conflict of interest declarations if a member or family member would receive a financial benefit. He said the committee member who came forward had no basis for recusal. The City Attorney will be asked to forward conflict of interest information to the Committee. Member Newland reminded new members to file their Statements of Financial Interests. Page 7 City of Clearwater Pension Advisory Committee 8. Adjourn Attest: Meeting Minutes March 14, 2019 Member Cretekos said every vote was important; Member Eversole's first election resulted in a tie. The meeting adjourned at 9:50 a.m. Page 8 City of Clearwater Chair Pension Adviso Committee