Loading...
09/17/2021 - Special Meeting Pension Advisory Committee Meeting Minutes September 17, 2021 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Friday, September 17, 2021 9:00 AM Special Meeting Main Library - Council Chambers Pension Advisory Committee Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Roll Call Present 6 - Chair Nathan Hightower, Vice Chair Greg Newland, Committee Member April Eversole, Committee Member Frank Hibbard, Committee Member Mark Bunker, and Committee Member Gregory Record Absent 1 - Committee Member Hoyt Hamilton Also Present - Stuart Kaufman —Attorney for the Committee, Jennifer Poirrier— Human Resources Director, Nicole Sprague — Deputy City Clerk 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 July 8, 2021 Pension Advisory Committee meeting as submitted in written summation. Member Hibbard moved to approve minutes of July 8, 2021 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 Kadarious Brown, Solid Waste Worker, Solid Waste & Recycling 05/10/2021 Scott Lewism, Parking, Facility & Security Aide, Engineering/Parking 07/06/2021 Robert Jovic, Survey Assistant, Engineering 07/06/2021 Wendy Pioquinto, Librarian, Library 07/06/2021 Hunter Carlson, Management Analyst, Parks & Recreation 07/06/2021 Maurice Hunter, Parks Service Technician, Parks & Recreation 07/06/2021 William Brabant, Code Enforcement Inspector, Planning & Development 07/06/2021 Jason Detwiler, Wastewater Collections Technician, Public Utilities 07/06/2021 Egbert Joseph Genty, Water Distribution Operator Trainee, Public Utilities 07/06/2021 Stacey Barnett-Koerts, Police Records Specialist, Police 07/06/2021 Ivan Herandez-Perez, Police Officer, Police 07/05/2021 Ryan Belding, Police Officer, Police 07/05/2021 Bryanna Bora, Police Officer, Police 07/05/2021 Bryan Cerezo, Police Officer, Police 07/05/2021 Page 2 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Jared Coupland, Police Officer, Police 07/05/2021 Anthony Curcio, Police Officer, Police 07/05/2021 Jessica Dylla, Police Officer, Police 07/05/2021 Courtland Harrison, Police Officer, Police 07/05/2021 John Heisler, Police Officer, Police 07/05/2021 Jonathon Kline, Police Cadet, Police 07/05/2021 Benden Lee Peterson, Police Officer, Police 07/05/2021 Cole VanDeusen, Police Cadet, Police 07/05/2021 Kelsey Troyer, CAD & GIS Technician, Engineering 07/19/2021 Dylan Richards, Skilled Tradesworker, Marine & Aviation 07/19/2021 Aailyah Gray, Recreation Leader, Parks & Recreation 07/19/2021 Mark Rivera, Wastewater Collections Technician, Public Utilities 07/19/2021 Anthony White, Parks Service Technician, Parks & Recreation 07/19/2021 Arnold Santillan, Parking, Facility & Security Aide, Engineering/Parking 08/02/2021 Melissa Serrano, Parking Enforcement Specialist, Engineering/Parking 08/02/2021 Nichole Wadkins, Parking Enforcement Specialist, Engineering/Parking 08/02/2021 Jordan Hicks, Professional Engineer, Engineering 08/02/2021 Quintavius Williams, Gas Technician Apprentice, Gas 08/02/2021 Zoe Pappas, Police Telecom municator, Police 08/02/2021 Jacob Blackburn, Water Distribution Operator Trainee, Public Utilities 08/02/2021 Courtney Woods, Solid Waste Equipment Operator, Solid Waste 08/02/2021 Kelsey McCray, Recreation Leader, Parks & Recreation 08/02/2021 Dianna Woodcock, Parking Citation Assistant, Engineering/Parking 08/16/2021 Gage Wilson, Gas Technician Apprentice, Gas 08/16/2021 Laura Love, Senior Human Resources Analyst, Human Resources 08/16/2021 Paula Casey, Solid Waste Accounts Coordinator, Solid Waste 08/16/2021 Mario Montgomery, Solid Waste Worker, Solid Waste 08/16/2021 Charlie Gordon, Solid Waste Worker, Solid Waste 08/16/2021 Jerome Kirkland, Solid Waste Worker, Solid Waste 08/16/2021 Richard Renaud, Business Systems Analyst, Utility Customer Service 08/16/2021 Isaiah Walton, Senior WW Collections Technician, Public Utilities 08/16/2021 Joel Silcox, Parks Service Technician, Parks & Recreation 08/30/2021 Steven Nolen, Parks Service Technician, Parks & Recreation 08/30/2021 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 Laura Davis, Engineering Department, Adam Kraft, Police Department and Jeremy Williams, Information Technology to vest their pensions as provided by Section 2.419 of the Employees' Pension Plan. Laura Davis, Contracts and Procurement Specialist, Engineering Department, was employed by the City on May 28, 1991, and began participating in the Pension Plan on July 25, 2000. Ms. Davis terminated from City employment on June 28, 2021. Page 3 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Adam Kraft, Police Officer, Police Department, was employed by the City on April 17, 2006, and began participating in the Pension Plan on that date. Mr. Kraft terminated from City employment on July 15, 2021. Jeremy Williams, Information Technology Manager, Information Technology Department, was employed by the City on May 31, 2005, and began participating in the Pension Plan on that date. Mr. Williams terminated from City employment on September 17, 2021. 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 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. Ms. Davis will meet the non-hazardous duty criteria and begin collecting a pension in December 2023. Mr. Williams will meet the non-hazardous duty criteria and begin collecting a pension in December 2034. 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. Kraft will meet the hazardous duty criteria and begin collecting pension in May 2026. Member Hibbard moved to recommend approval of the following request of employees Laura Davis, Engineering Department, Adam Kraft, Police Department and Jeremy Williams, Information Technology 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 Recommend approval of the following request of employees Steven Cook, Parks and Recreation Department, Scott Durivou, Police Department, William Hodgson, Police Department, Rosanne Lacey, Library Department, William Muniz, Fire Department, Page 4 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Michael Olesh, Public Utilities Department, Janice Overby, Public Utilities Department, Charles Scrivens, Parks and Recreation Department, Scott Smith, Customer Service Department, Karen Smoak, Customer Service Department, David Taggart, Engineering Department, Clement Vericker, Finance Department, James Wagner, Planning and Development Department, and Aundra William, Solid Waste and Recycling Department for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. Steven Cook, Senior Parks Service Tech, Parks and Recreation Department, was employed by the City on December 11, 1995, and his pension service credit is effective on that date. His pension will be effective August 1, 2021. Based on an average salary of approximately $41,915.47 over the past five years, the formula for computing regular pensions and Mr. Cook's selection of the 50% Joint and Survivor Annuity, this pension benefit will be approximately $25,571.44 annually. Scott Durivou, Police Officer, Police Department, was employed by the City on July 16, 2001, and his pension service credit is effective on that date. His pension will be effective August 1, 2021. Based on an average salary of approximately $90,837.91 over the past five years, the formula for computing regular pensions and Mr. Durivou's selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $48,943.08 annually. William Hodgson, Police Sergeant, Police Department, was employed by the City on June 9, 1997, and his pension service credit is effective on that date. His pension will be effective October 1, 2021. Based on an average salary of approximately $107,803.78 over the past five years, the formula for computing regular pensions and Mr. Hodgson's selection of the 100% Joint and Survivor Annuity with a 30% partial lump sum, this pension benefit will be approximately $49,279.08 annually. Rosanne Lacey, Senior Staff Assistant, Library Department, was employed by the City on April 18, 2005, and her pension service credit is effective on that date. Her pension will be effective October 1, 2021. Based on an average salary of approximately $37,632.52 over the past five years, the formula for computing regular pensions and Ms. Lacey's selection of the Life Annuity, this pension benefit will be approximately $17,009.64 annually. William Muniz, Fire Lieutenant, Fire Department, was employed by the City on April 17, 2000, and his pension service credit is effective on June 27, 2000. His pension will be effective August 1, 2021. Based on an average salary of approximately $94,548.37 over the past five years, the formula for computing regular pensions and Mr. Muniz's selection of the 10 Year Certain and Life Annuity with a 30% partial lump sum, this pension benefit will be approximately $38,388.12 annually. Page 5 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Michael Olesh, Water Quality Technician, Public Utilities Department, was employed by the City on February 11, 1991, and his pension service credit is effective on September 11, 1991. His pension will be effective August 1, 2021. Based on an average salary of approximately $54,650.76 over the past five years, the formula for computing regular pensions and Mr. Olesh's selection of the 50% Joint and Survivor Annuity, this pension benefit will be approximately $47,296.44 annually. Janice Overby, Utilities Chemist, Public Utilities Department, was employed by the City on May 31, 2005, and her pension service credit is effective on that date. Her pension will be effective August 1, 2021. Based on an average salary of approximately $50,085.88 over the past five years, the formula for computing regular pensions and Ms.Overby's selection of the Life Annuity, this pension benefit will be approximately $22,213.20 annually. Charles Scrivens, Parks Service Technician II, Parks and Recreation Department, was employed by the City on November 29, 2004, and his pension service credit is effective on that date. His pension will be effective January 1, 2022. Based on an average salary of approximately $35,635.41 over the past five years, the formula for computing regular pensions and Mr. Scrivens' selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $13,124.04 annually. Scott Smith, Customer Service Supervisor, Customer Service Department, was employed by the City on April 19, 1999, and his pension service credit is effective on that date. His pension will be effective May 1, 2022. Based on an average salary of approximately $65,538.10 over the past five years, the formula for computing regular pensions and Mr. Smith's selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $33,778.92 annually. Karen Smoak, Customer Service Specialist, Customer Service Department, was employed by the City on September 16, 1985 and her pension service credit is effective on that date. Her pension will be effective October 1, 2021. Based on an average salary of approximately $49,625.37 over the past five years, the formula for computing regular pensions and Ms. Smoak's selection of the Life Annuity, this pension benefit will be approximately $49,185.96 annually. David Taggart, Traffic Signal Technician, Engineering Department, was employed by the City on February 29, 1988, and his pension service credit is effective on that date. His pension will be effective December 1, 2021. Based on an average salary of approximately $61,112.26 over the past five years, the formula for computing regular pensions and Mr. Taggart's selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $48,055.20 annually. Page 6 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Clement Vericker, Debt and Accounting Manager, Finance Department, was employed by the City on February 9, 2004, and his pension service credit is effective on that date. His pension will be effective September 1, 2021. Based on an average salary of approximately $72,819.03 over the past five years, the formula for computing regular pensions and Mr. Vericker's selection of the Life Annuity this pension benefit will be approximately $35,149.92 annually. James Wagner, Senior Development Review Technician, Planning and Development Department, was employed by the City on April 23, 2001, and his pension service credit is effective on that date. His pension will be effective October 1, 2021. Based on an average salary of approximately $43,275.44 over the past five years, the formula for computing regular pensions and Mr. Wagner's selection of the 75% Joint and Survivor Annuity this pension benefit will be approximately $18,489.48 annually. Aundra Williams, Solid Waste Equipment Operator, Solid Waste and Recycling Department, was employed by the City on November, 27 1989, and his pension service credit is effective on December 17, 1990. His pension will be effective October 1, 2021. Based on an average salary of approximately $52,451.22 over the past five years, the formula for computing regular pensions and Mr. Williams' selection of the 100% Joint and Survivor Annuity this pension benefit will be approximately $40,151.64 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. Cook, Ms. Lacey, Mr. Olesh, Ms. Overby, Mr. Scrivens, Mr. Smith, Ms. Smoak, Mr. Taggart, Mr. Vericker, Mr. Wagner and Mr. Williams 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. Durivou, Mr. Hodgson, and Mr. Muniz have met the hazardous duty criteria. Page 7 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Member Bunker moved to recommend approval of the following request of employees Steven Cook, Parks and Recreation Department, Scott Durivou, Police Department, William Hodgson, Police Department, Rosanne Lacey, Library Department, William Muniz, Fire Department, Michael Olesh, Public Utilities Department, Janice Overby, Public Utilities Department, Charles Scrivens, Parks and Recreation Department, Scott Smith, Customer Service Department, Karen Smoak, Customer Service Department, David Taggart, Engineering Department, Clement Vericker, Finance Department, James Wagner, Planning and Development Department, and Aundra William, Solid Waste and Recycling 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. 4.4 Informal hearing for Thomas Dawe request for job-connected disability pension Attorney Stuart Kaufman reported in August 2021 the IME (Independent Medical Exam) doctor determined that Thomas Dawe was totally and permanently disabled from performing hazardous duties due to PTSD (Post- Traumatic Stress Disorder). According to Florida law, Mr. Dawe's total disability was established. The PAC (Pension Advisory Committee) was tasked with determining if Mr. Dawe's disability is permanent and service-connected. Member Hibbard 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 Jason Fox, representing Thomas Dawe, said Mr. Dawe's medical records, including the IME, provided clear and convincing evidence that his disability is permanent and service-connected. He said police officer duties would aggravate his condition. It was questioned why sustaining a gunshot would be an extraordinary event for a police officer. Attorney Fox said police officers consider the possibility of participating in a gun fight during their careers but do not necessarily anticipate being shot. He said being hit with 2 bullets caused the sudden unexpected and extraordinary stress Mr. Dawes is experiencing. He said people with a sense of duty apply for first responder jobs but do not anticipate being killed at work. Page 8 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 It was questioned if the record indicated that this incident was above normal or if police officers were expected to realize that fulfilling their duties may involve violence. Concern was expressed that the standard for a PTSD disability was troubling. Attorney Fox said it was unknown how anyone would react to a similar situation. He said Mr. Dawe was anticipating a slow Christmas Eve shift when he was ambushed and trapped. He said that incident was not normal. In response to questions, he said he did not know the statistics related to police officers drawing their guns during their careers or first responder suicides related to on duty incidents. Attorney Kaufman said he had read that most police officers do not usually draw their guns. He said a February 2020 report indicated that Mr. Dawe was not permanently disabled. Attorney Fox said early on there was a belief that Mr. Dawe's condition would improve significantly. He said Mr. Dawe determined that he and his first doctor were not a good fit and requested a replacement doctor through Worker's Compensation. Both his new doctor and IME doctor determined that Mr. Dawe's condition is permanent and total and he is unable to return to work as a police officer, Mr. Dawe's therapists concurred. Discussion ensued with comments that the IME report contained a thorough evaluation, mental health issues were fluid, and PTSD symptoms can fester and grow over time. Concern was expressed that the Committee had a fiduciary responsibility and the City had a high bar for approving disability cases. It was thought the evidence was convincing and that Mr. Dawe's disability is permanent and job-related. Member Hibbard moved that Thomas Dawe met the requirements for a job-related disability pension as he was disabled by reason of an injury suffered 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 police officer. The motion was duly seconded and carried unanimously. It was stated that the Committee appreciated Mr. Dawe's efforts and service and that the record reflected that his acts saved other officers. The Committee wished him the best of luck. 4.5 Presentation from pension attorney on procedures and responsibilities for a disability pension. Page 9 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Attorney Kaufman discussed Pension Plan disability requirements. A non job connected disability requires a minimum 10 years of service and a determination for nonhazardous duty employees that the disability rendered the participant unable to perform necessary work for the City. A disability application can be denied if the individual is assigned to a permanent light duty position. Hazardous duty employees are considered disabled if they cannot perform their duties as a police officer or firefighter. Clearwater's standard requiring clear and convincing evidence that a mental injury is directly related to a participant's employment is unique to the City, other jurisdictions impose the same standards for physical and mental injuries. It was questioned if a police officer being shot rises to the level of sudden, unexpected and extraordinary stress and concern was expressed that approving a mental injury related to an on-duty incident created a slippery slope. In response to a question, Attorney Kaufman reviewed tax obligations for disability benefits. If the Committee thinks the record presented at an informal hearing is incomplete, the PAC can require a formal hearing with additional information and testimony where they will determine if a disability application should be approved. Attorney Kaufman's firm hires an outside advocate for the Committee. As the Committee's legal advisor, Attorney Kaufman said he cannot argue to deny a disability application. The new City Attorney may want the Legal Department to advocate again for denial of some disability applications. The PAC has the right to rely upon the doctor they find most credible to perform IMEs. Attorney Kaufman reviewed in-line of duty presumptions for hazardous duty employees, noting future presumptions may be added. The cancer presumption for firefighters is automatic and cannot be overcome by evidence, other presumptions can be overcome with competent evidence. A hazardous duty application for death or disability related to COVID-19 would be presumed to be in the line of duty but the applicant would have to submit proof of vaccination to be entitled to disability benefits. The Pension Plan cannot deny benefits for a public safety officer based upon a pre-existing condition if it is not an exclusion listed in Chapters 175 or 185. In response to questions, Attorney Kaufman said the Committee's fiduciary duty was to the members of the plan. Education opportunities were available for Committee members. The Committee also has a duty to provide applicants with a fair hearing. The City cannot appeal a Committee's decision to grant a disability pension. The financial health of the plan or the amount of a disability benefit should not influence the Committee's decision. He said a member's comment that he was at the scene referenced in today's informal hearing was not a conflict of interest as that information was in the record and the comment did not support or oppose the applicant's request. Page 10 City of Clearwater Pension Advisory Committee Meeting Minutes September 17, 2021 Disability pension recipients were required to report annually re their continued disability. 5. Old Business Items: None. 6. Director's Report: None. 7. Board Members to be Heard: None. 8. Adjourn The meeting adjourned at 10:25 a.m. City of Clearwater Page 11 ?J\ Chair Pension(Advisory Committee