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10/11/2007 PENSION ADVISORY COMMITTEE MEETING MINUTES CITY OF CLEARWATER October 11, 2007 Present: Nathan Hightower Tom Jensen John Doran John Schmalzbauer Stephen Sarnoff Paul Gibson Chair Vice-Chair Committee Member/Councilmember Committee Member Committee Member Committee Member/Councilmember Absent: Carlen Petersen Committee Member/Councilmember Also Present: Joe Roseto Brenda Moses Interim Assistant City Manager Board Reporter The Chair called the meeting to order at 9:00 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 of September 13,2007 Member Schmalzbauer moved to approve the minutes of the regular Pension Advisory Committee meeting of September 13,2007, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. - Emplovees to be Heard - None. 4. - Action Items: a. Review and Action on Employee Requests for Regular Pensions: 1. Delores Nichelson, Library 2. Gregory Bickel, Police 3. Barbara Miller, Parks & Recreation Member Schmalzbauer moved to approve the request for regular pensions for Delores Nichelson, Gregory Bickel, and Barbara Miller. The motion was duly seconded and carried unanimously. b. Review and Action on Employee Requests for Vested pensions: 1. John Laird, Public Utilities John Laird, Public Utilities, has resigned his position after being employed by the City for more than 10 years. He will qualify to receive his pension beginning February 1, 2011. Member Doran moved to approve the request for a vested pension for John Laird. The motion was duly seconded and carried unanimously. Pension Advisory 2007-10-11 1 c. Review and Action on Requests for Survivor's Benefits: 1. Marianne Gearhart (James Gearheart) Member Sarnoff moved to approve the request for survivor's benefits for Marianne Gearhart. The motion was duly seconded and carried unanimously. d. Approval of new Hires as Plan Members: Member Schmalzbauer moved to accept the following employees into membership in the Pension Plan: Name, Job. Class, & Dept./Div. Molly Molter, Planner I/Planning Moses Flores, Field Svc. Rep. I/Customer Svc. Kenneth Sota, Parks Svc. Tech. I/Parks & Rec. Samara Louis, Police Communications Operator/Police Rodney Mitchell, Field Svc. Rep. I/Customer Svc. Richard Porthouse, Parks Service Tech. I/Parks & Rec. Sylvia Dinoto, Service Dispatcher/Gas Christopher Owens, Water Plant Op. C/Public Utilities Josue Cordero, Parks Svc. Tech. I/Parks & Rec. Kayleen Kastel, Accountant/Public Utilities Dean Sullivan, Parks Svc. Tech. I/Parks & Rec. Nicole Ashley, Rec. Leader/Parks & Rec. Pension Elig. Hire Date Date 8/6/07 8/6/07 9/4/07 9/4/07 9/4/07 9/4/07 8/20/07 8/20/07 9/10/07 9/10/07 9/4/07 9/4/07 9/4/07 9/4/07 9/17/07 9/17/07 9/17/07 9/17/07 9/17/07 9/17/07 9/17/07 9/17/07 9/17/07 9/17/07 The motion was duly seconded and carried unanimously. 5. - PendinQ/New Business a. Anna Rowell - Job-connected Disability Hearing Interim Assistant City Manager Joe Roseto said the City is not contesting Firefighter Anna Rowell's job-connected disability request. He reviewed the requirements of the Code. None of the listed exclusions applies and no meaningful work is available for her to perform. Member Doran moved to accept into evidence the entire file inclusive of the personnel file, interrogatories, medical records, and the IME (Independent Medical Examination). The motion was duly seconded and carried unanimously. Ms. Rowell indicated she did not wish to speak. Discussion ensued regarding Ms. Rowell's medical records. In response to a question, Mr. Roseto said the City conducts an IME for job-connected disability requests in addition to reviewing the employee's medical records. Whenever public safety employees can no longer perform their full range of duties, they are eligible to apply for a disability pension. Physicians review all medical issues prior to making their final decision regarding when the applicant is at Pension Advisory 2007-10-11 2 maximum medical improvement. A baseline medical examination is required for all firefighters and police personnel prior to employment. The PAC (Pension Advisory Committee) makes its decision based on physician reports, evidence, and testimony regarding the application. Discussion ensued with comments that Ms. Rowell had 12 years of uninterrupted service prior to this request, degeneration is part of the aging process, and physicians have determined that she was disabled on the job. State law requires that public safety personnel must be able to perform 100% of their duties 100% of the time in order to properly protect the public. It was suggested that the PAC consider the merits of this case and discuss the issue of physical examinations afterward. Member Doran moved that Anna Rowell is disabled due to a job-connected sickness or injury, such disability is likely to be continuous and permanent from a cause other than those listed as general disability exclusions, and such disability renders the participant unable to perform any useful, meaningful, and necessary work for the employer in an available position for which the participant is reasonably qualified or for which the participant may be reasonably trained to perform. The motion was duly seconded and carried unanimously. The PAC thanked Ms. Rowell for her years of dedicated service and wished her well. 6. - Director's Reports Mr. Roseto said pension workshops are scheduled on October 22 and October 31, 2007. Both meetings will be held at 1 :00 p.m. in Council Chambers. He said the PAC could discuss any issues they have including pre-employment examinations at either meeting. Discussion ensued. Mr. Roseto said baseline pre-employment physical examinations for employees do not include MRls. He said MRls do not always reveal pre-existing conditions. Disability cases are reviewed on an individual basis. Job classifications have specific physical requirements that must be met. Staff will compile data regarding costs associated with disability pensions versus the cost for additional pre-employment examinations to determine pre-existing conditions. Concern was expressed regarding the cost to the pension plan for additional examinations, as there can be no limit to the number and types of tests that can be done for applicants. In response to a question, Mr. Roseto explained that pension funds consist of employees' salaries and City contributions and returns on investment of those contributions. Consensus was that further discussion is needed regarding pre-employment examinations and disability pensions and their effect on the pension plan. 7. - Committee Members to be Heard Committee Members felt an analysis is warranted regarding pre-employment examinations and best practices. Member Jensen welcomed all to visit a fire station to see the amount of equipment firefighters must carry. He said it is difficult for employees to work within the constraints of the weight of the equipment and the potential for injury is high. Member HiQhtower suggested individual PAC members send topics of discussion to Mr. Roseto prior to the investment training workshops. Pension Advisory 2007-10-11 3 Mr. Roseto will forward the proposed changes to the pension plan to the PAC prior to the workshops. f The meeting adjourned at 9:52 a.m. GI,J1tt~ Chair Pension Advisory Committee 8. - Adiournment '&{c0lJ/OSM Board Reporter Pension Advisory 2007-10-11 4