06/09/2022 - Special Meeting Pension Advisory Committee Meeting Minutes June 9, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, June 9, 2022
9:00 AM
Special Meeting
Main Library - Council Chambers
Pension Advisory Committee
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City of Clearwater
Pension Advisory Committee Meeting Minutes June 9, 2022
Roll Call
Present 7 - Chair Nathan Hightower, Vice Chair Greg Newland, Committee Member
Gregory Record, Committee Member April Eversole, Committee
Member Lina Teixeira, Committee Member Mark Bunker, and
Committee Member Frank Hibbard
Also Present - David Margolis — City Attorney, 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. Citizens to be Heard Regarding Items Not on the Agenda: None.
3. New Business Items
3.1 Informal hearing for David Dalton request for job-connected disability pension
The City Attorney said he had met with Chair Hightower and spoke with the
Pension Committee Attorney to discuss the appropriateness of him serving
as the PAC (Pension Advisory Committee) Attorney. He said he had
concerns he may color evidence favorably or unfavorably to the PAC but
would provide objective facts and not his interpretation.
The City Attorney said David Dalton, a Police Department major who served
for 25 years, returned to work after recovering from a 2018 heart incident.
He said Mr. Dalton's December 21, 2021 hospitalization was due to heart
disease complications. He said the City discharged him as he was unable to
perform the duties of a police officer. He said if police officers develop
cardiovascular disease during their employment, it is presumed the disease
is a direct consequence of their employment, however an Orlando Police
Officer, diagnosed with a congenital heart condition, was denied a job-
connected disability pension.
Member Newland moved to accept into evidence the entire file,
inclusive of the application, personnel file, interrogatories, medical
records, and the IME (Independent Medical Exam). The motion was
duly seconded and carried unanimously.
Attorney Tonya Oliver, representing David Dalton, reviewed his meritorious
career with the Clearwater Police Department where he held multiple
stressful positions and participated in a wide range of dangerous
assignments. She said on December 7, 2021, Mr. Dalton's doctors advised
him not to continue working as job stressors were exacerbating his
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City of Clearwater
Pension Advisory Committee Meeting Minutes June 9, 2022
progressive heart disease. She said Mr. Dalton's preemployment physical
found no evidence of hypertension or heart disease. She said Mr. Dalton
had done all he could to stay healthy. She said the preponderance of
evidence met Code criteria that Mr. Dalton's disability is permanent and
service-connected and requested he be granted a job-connected disability
pension.
In response to a question, the City Attorney said the City had medically
released Mr. Dalton.
Member Hibbard moved that David Dalton met the requirements for a
job-related disability pension as he was disabled by reason of 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, to render useful and efficient service as a police
officer. The motion was duly seconded and carried unanimously.
Mr. Dalton was commended and thanked for his service. It was noted
the Police Chief and Command Staff was present to support him.
3.2 Informal hearing for Michael Evans request for job-connected disability pension
The City Attorney said Michael Evans worked as a Stormwater Technician
for 20 years before his July 2021 injury when he fell 3 feet into a drainage
ditch. He said the City treated Mr. Evans through Workers Comp. He said
Mr. Evans exhausted his family medical leave and did not return to work, the
City discharged him in December 2021.
The City Attorney said the Human Resource's employee discharge form had
been tweaked, previous language indicated if an employee's discharge was
for medical reasons. He said the form now states the reason for discharge
was the employee did not return to work. He said as the employer, the
Human Resources and Legal department cannot determine if the reason
for discharge is medical. He said the PAC would decide if a discharge was
for medical reasons.
The City Attorney said Mr. Evans injured his back in July 2021. He said
medical evidence was complicated and encouraged Committee review of the
IME and Workers Comp reports which diagnosed a degenerative condition
unrelated to Mr. Evans'injury. He said another complication was Mr. Evans'
ability to return to work, the PAC will be asked to determine if the injury
caused Mr. Evans'disability and is permanent. He said the PAC could
approve Mr. Evans'application today or schedule a formal hearing. He said
the burden was on the applicant to prove his injury is job-connected,
permanent, and made him unable to perform his current duties or provide a
comparable service to the City. He said Mr. Evans' Social Security and
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City of Clearwater
Pension Advisory Committee Meeting Minutes June 9, 2022
workers comp attorney had not responded to City outreach.
Member Eversole 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.
Michael Evans said he had done his best when working as a Senior
Stormwater Technician for 20 years. He said his job was dangerous plus he
faced alligators, otters, and snapping turtles. He said the fenced concrete
ditch where he fell had 6 steps. Under his foreman's direction, he said on
July 23, 2021 he filled his bucket with trash, limbs, and trees that were
clogging pipes in the ditch. He said when climbing out with his full bucket, he
lost his balance on the second level of stairs and fell backwards onto the
culvert. He said the stairs had no railing to grab to prevent his fall. He
said the Fire Department had to winch him off the bottom of the culvert and
transport him to the hospital.
In response to a question regarding his elbow, Mr. Evans said following a
2020 hurricane, he had been tasked with removing debris and cutting trees
to clear roads. He said he sought medical care when his elbow swelled
afterwards. He said the medical examination indicated he had neck and
back problems and required foot surgery after walking in waders without support.
In response to a question, he said he did not return work after his 2021
accident as he was waiting for physical therapy and following Human
Resources direction to review job openings online. He said since the
accident he could not sit or stand for long and he did not qualify for any
posted position.
Stormwater Foreman Darrell Ford said stormwater technicians wore
harnesses to carry 75-pound brush cutters, which they only could use for a
few minutes at a time. He said the heat and climbing up and down steep
inclines were taxing and took a serious toll on workers'bodies, he was in a
similar position after 25 years on the job. He said Mr. Evans did not qualify
for any positions listed by Human Resources.
It was stated the testimony and record did not provide sufficient evidence
that Mr. Evans'disability was job-connected, permanent and total. A formal
hearing was requested. It was recommended that Mr. Evans seek counsel
for representation.
Member Newland moved to refer Michael Evans' request for a
job-connected disability pension to a formal hearing. The motion
was duly seconded and carried unanimously.
4. Director's Report
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City of Clearwater
Pension Advisory Committee
Meeting Minutes June 9, 2022
Human Resources Director Jennifer Poirrier said some disability pension
applications were pending.
5. Board Members to be Heard
6. Adjourn
Member Newland questioned if the Attorney for the Committee would be
attending disability hearings or only was absent today.
The City Attorney said he had spoken to Attorney for the Committee Stuart
Kaufman and the PAC Chair about the importance of establishing a
definition for that responsibility.
The City Attorney said he had assumed the primary role as Attorney for the
Pension Fund which was consistent with his primary role as legal advisor for
City elected officials who also serve on the PAC. He said his position would
not be adversarial. He said assuming the position would keep costs down
and be beneficial to Trustees who did not attend PAC meetings. He said
Attorney Kaufman remained on retainer in case a second opinion is needed.
In response to a question, the City Attorney said to provide due process, he
can choose an outside attorney for formal hearings. He said he was not
comfortable with Attorney Kaufman's suggestion that his firm serve as an
advocate for the plan. He said he would reach out to a workers comp
counsel familiar with the medical facts of each case.
It was noted the Pension Trustees had appointed the Pension Plan's legal
counsel as recommended by the PAC.
The City Attorney said it may not be cost effective to engage a pension plan
attorney who must be paid from the Pension Plan.
The meeting adjourned at 9:45 a.m.
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City of Clearwater
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Chair, Pension Advisory Committee