09/12/2019 Pension Advisory Committee Meeting Minutes September 12, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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ap
Meeting Minutes
Thursday, September 12, 2019
9:00 AM
Main Library - Council Chambers
Pension Advisory Committee
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City of Clearwater
Pension Advisory Committee Meeting Minutes September 12, 2019
Roll Call
Present 7 - Chair Nathan Hightower, Vice Chair Greg Newland, Committee
Member Hoyt Hamilton, Committee Member Bob Cundiff, Committee
Member Christian Schuele, Committee Member April Eversole, and
Committee Member Jay E. Polglaze
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 August 8, 2019 Pension Advisory Committee meeting as submitted
in written summation.
Member Schuele moved to approve minutes of August 8, 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
Kellie Cramer, Customer Service Representative. Customer Service 08/05/2019
Dion Jones, Field Service Representative I, Customer Service 08/05/2019
Jacob Horn, Parks Service Technician I, Parks & Recreation 08/05/2019
Trevor Dorman, Parks Service Technician I, Parks & Recreation 08/05/2019
Darrell Ford, Customer Service Representative, Customer Service 08/19/2019
Samantha Flagler, Customer Service Representative, Customer Service 08/19/2019
Jeh Mohr, Senior Auditor, City Auditor/Finance 08/19/2019
Charlene Peaslee, Gas Sales Representative, Gas 08/19/2019
Brenton Conley, Parks Service Technician I, Parks & Recreation 08/19/2019
Vinod Kadu, Senior Planner, Planning & Development Services 08/19/2019
Matthew Hall, Recreation Specialist, Parks & Recreation 08/19/2019
Charles Kordick II, Gas Technician II, Gas 08/19/2019
Member Eversole moved to recommend approval of the new hires
for acceptance into the Pension Plan as listed. The motion was
duly seconded and carried unanimously.
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City of Clearwater
Pension Advisory Committee Meeting Minutes September 12, 2019
4.2 Recommend approval of the following request of employees Duanne Anderson, Fire
Department, Debra Faison, Parks and Recreation Department and Michael Ward, Fire
Department, for a regular pension as provided by Sections 2.416 and 2.424 of the
Employees' Pension Plan.
Duanne Anderson, Fire Prevention Inspector, Fire Department, was
employed by the City on July 7, 1997, and his pension service credit is
effective on that date. His pension will be effective August 1, 2016. Based
on an average salary of approximately $73,577.05 over the past five years,
the formula for computing regular pensions and Mr. Anderson's selection of
the 100% Joint and Survivor Annuity, this pension benefit will be
approximately $37,344.72 annually.
Debra Faison, Parks Service Technician II, Parks and Recreation
Department, was employed by the City on October 18, 1992, and her
pension service credit is effective on that date. Her pension will be effective
September 1, 2019. Based on an average salary of approximately
$43,664.06 over the past five years, the formula for computing regular
pensions and Ms. Faison's selection of the 10 Year Certain and Life Annuity,
this pension benefit will be approximately $42,432.24 annually.
Michael Ward, Firefighter, Fire Department, was employed by the City on
May 5, 2003, and his pension service credit is effective on that date. His
pension will be effective September 1, 2019. Based on an average salary of
approximately $64,924.84 over the past five years, the formula for
computing regular pensions and Mr. Ward's selection of the 100% Joint and
Survivor Annuity, this pension benefit will be approximately $28,197.48
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. Ms. Faison has 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. Anderson and Mr. Ward have met the hazardous duty criteria.
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City of Clearwater
Pension Advisory Committee Meeting Minutes September 12, 2019
Member Newland moved to recommend approval of the following
request of employees Duanne Anderson, Fire Department, Debra
Faison, Parks and Recreation Department and Michael Ward, Fire
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 Amend PAC Policy and Procedures Manual.
Human Resources Director Jennifer Poirrier said the PAC (Pension
Advisory Committee) had agreed to adopt a bimonthly meeting schedule
and to authorize staff to process pension payments prior to PAC
recommendations for approval.
In response to a question, Attorney for the Committee Stuart Kaufman
said changes to the Policy and Procedures Manual did not require City
Council approval. He said the PAC could call special meetings when
needed.
Member Hamilton moved to amend the PAC Policy and Procedures
Manual to schedule meetings bimonthly. The motion was duly
seconded and carried unanimously.
Member Cundiff moved to amend the PAC Policy and Procedures
Manual to authorize staff to process all pension benefits and
applications and for the Committee to ratify the applications at
their next meeting. The motion was duly seconded and carried
unanimously.
Consensus was for the bi-monthly schedule to begin immediately, the
next PAC meeting was scheduled on November 14, 2019.
4.4 Informal hearing for Michael Stonelake request for job-connected disability pension
(Continued from August 8, 2019)
Attorney Kaufman reviewed PAC procedures and Code requirements. He
said Michael Stonelake's interrogatories had indicated his request was for a
non-job-connected disability but that was not the case, the PAC had agreed
to amend the application to job-connected.
Attorney Kaufman said Mr. Stonelake had worked as a Clearwater Police
Officer for more than 29 years and filed in 2018 re his heart condition. He
said per Florida Statute re police officers, Mr. Stonelake's type of heart issue
resulting in total or partial disability was presumed to have been suffered in
the line of duty unless the contrary is shown by competent evidence. He
said Mr. Stonelake's preemployment physical showed no evidence of a heart
condition, he did not smoke and was not obese. He said his IME
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City of Clearwater
Pension Advisory Committee Meeting Minutes September 12, 2019
(Independent Medical Exam) indicated Mr. Stonelake was disabled and
might recover if he underwent a medical procedure; the Pension Plan could
not force someone to undergo a medical procedure.
In response to questions, Attorney Kaufman said Mr. Stonelake's
preemployment physical showed no history of hypertension, heart
condition, or that he had ever smoked. He said workers'compensation
also determined the preemployment physical showed no evidence of a
heart condition. He said the IME doctor had reviewed Pension Plan
criteria and diagnosed that Mr. Stonelake was disabled and his condition
was suffered in-the-line of duty. Attorney Kaufman did not think the City
would rehire Mr. Stonelake if he underwent a successful medical procedure
in the future.
Member Hamilton moved to accept into evidence the entire file,
inclusive of the application, personnel file, interrogatories, medical
records, the IME, and the application error. The motion was duly
seconded and carried unanimously.
Attorney Tonya Oliver reviewed Mr. Stonelake's 29-year service to the
City and his desire to work in spite of his heart condition. She reviewed
his medical diagnosis, noting since November 15, 2018 workers'
compensation and the IME had determined Mr. Stonelake's heart condition
had worsened and he no longer could serve as a police officer. She said the
risks of the proposed medical procedure outweighed the benefits as his
father had died after a routine catheterization and Mr. Stonelake had
suffered severe complications following unrelated surgery, Mr. Stonelake
declined the medical procedure but would continue treatment with
medication. She said under Florida Statute, Mr. Stonelake was presumed to
be permanently and totally disabled.
In response to a question, Police Chief Daniel Slaughter said the Police
Department did not have permanent light duty positions.
Discussion ensued with comments that Mr. Stonelake's benefit would not
increase based on his on-the-job disability but he would receive a tax
break. It was stated that Mr. Stonelake's tax savings was not an issue of
concern for the PAC.
Member Hamilton moved that Michael Stonelake met the requirements
for a job-related disability pension as he 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 he is unable,
by reason of a medically determinable physical impairment, to render
useful and efficient service as a police officer. The motion was duly
seconded and carried unanimously.
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City of Clearwater
Pension Advisory Committee Meeting Minutes September 12, 2019
Mr. Stonelake was thanked for his 29 years of service and offered him good
wishes for the future.
5. Old Business Item: None.
6. Director's Report
Attorney Kaufman reviewed his memorandum re cyber liability, the results
of cyber -attacks on Florida cities, and his recommendation that the City
obtain liability cyber insurance to protect sensitive pension records.
Finance Director Jay Ravins said he would verify that the City's cyber
liability insurance covered the Pension Plan, review levels of insurance,
and report back to the PAC.
7. Board Members to be Heard: None.
Adjourn
The meeting adjourned at 9:33 a.m.
Attest:
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City of Clearwater
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Chair, Pension Adviommittee