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01/11/2024 Pension Advisory Committee Meeting Minutes January 11, 2024 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Thursday, January 11, 2024 9:00 AM Main Library - Council Chambers Pension Advisory Committee Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes January 11, 2024 Roll Call Present 5 - Chair Nathan Hightower, Committee Member Christopher Kakalow, Committee Member David Sowers, Committee Member Lina Teixeira, and Committee Member Mark Bunker Absent 2 - Committee Member Gregory Record, and Committee Member Brian Aungst Sr. Also Present— David Margolis — City Attorney, Tiffany Makras - Human Resources Director, and Nicole Sprague — Deputy City Clerk 1. Call To Order The meeting was called to order at 9:00 a.m. at the Main Library. 2. Approval of Minutes 2.1 Approve minutes of November 9th, 2023 Pension Advisory Committee meeting as submitted in written summation. Member Sowers moved to approve the minutes of the November 9, 2023 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 Approve the new hires for acceptance into the Pension Plan as listed. Name Job Classification DepartmentPension Eligibility Date Antoinette Alcala Recreation Leader Parks & Recreation 10/21/2023 Amelia Anderson Recreation Leader Parks & Recreation 10/21/2023 Jaclyn Gaither Librarian Library 10/23/2023 Sandra Aungst Senior Staff Assistant Finance & Budget 10/23/2023 Michael Bradley Recreation Leader Parks & Recreation 10/23/2023 Malik Morrell Parks Service Technician Parks & Recreation 10/23/2023 Carter Duerkop Lead Parks Service Technician Parks & Recreation 10/23/2023 Donald Hudenburg Jr.Parks Service Technician Parks & Recreation 10/23/2023 Alan Isidro Development Review Technician Planning & Development 10/23/2023 Maria Teles Police Officer Police 10/23/2023 Justin Fritz Police Officer Police 10/23/2023 Zachary Cyr Police Officer Parks & Recreation 10/23/2023 Dominic Glenn Parks Service Technician Parks & Recreation 11/06/2023 Sarah Lamb Development Review Technician Planning & Development 11/06/2023 Justin Colen Multimedia Specialist Public Communications 11/06/2023 Ricky Shaw Stormwater Technician Public Works 11/06/2023 Kamrhen Simpkins Solid Waste Worker Solid Waste & Recycling 11/06/2023 Noah Starczewksi Police Cadet Police Department 11/18/2023 Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes January 11, 2024 Taylor Hack Survey Assistant Public Works 11/20/2023 Brent Jones Recreation Leader Parks & Recreation 12/02/2023 Kelsie Juliet Police Office Specialist Police 12/02/2023 Juan Ospina Fajardo Fleet Mechanic General Services 12/04/2023 Ozell Hall Parks Service Technician Parks & Recreation 12/04/2023 Alyssa LoSauro Recreation Specialist Parks & Recreation 12/04/2023 Xavier Dominicis Business Systems Anaylst Customer Service 12/04/2023 Member Sowers 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 Approve the following request of employees Ivan Dimitrov, Public Works Department, Timothy Grosso, General Services Department, and Mark Wing, Fire Department to vest their pension as provided by Section 2.419 of the Employees' Pension Plan. Ivan Dimitrov, Engineering Division Manager, Public Works Department, was employed by the City on February 21 st, 2017, and his pension service credit is effective on that date. Mr. Dimitrov terminated from City employment on December 7th, 2023. Timothy Grosso, Building and Maintenance Supervisor, General Services Department, was employed by the City on November 23rd, 1998, and his pension service credit is effective on that date. Mr. Grosso terminated from City employment on December 1 st, 2023. Mark Wing, Fire Administrative Chief, Fire Department, was employed by the City March 19th, 2007, and his pension service credit is effective on that date. Mr. Wing terminated from City employment on November 9th, 2023. 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 five or more years (non-hazardous duty) and ten or more years (hazardous duty) 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. For non-hazardous duty employees hired on or after the effective date Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes January 11, 2024 of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of sixty (60) years and completed twenty-five (25) years of credited service; or the date on which a participant has reached the age of sixty-five (65) years and completed ten (10) years of credited service. Mr. Dimitrov will meet the non-hazardous duty criteria and begin collecting a pension in July of 2047. Mr. Grosso will meet the non-hazardous duty criteria and begin collecting a pension in September of 2027. 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. Wing will meet the hazardous duty criteria and begin collecting a pension in April of 2027. Member Sowers moved to recommend approval of the following request of employees Ivan Dimitrov, Public Works Department, Timothy Grosso, General Services Department, and Mark Wing, Fire Department to vest their pension as provided by Section 2.419 of the Employees' Pension Plan. The motion was duly seconded and carried unanimously. 4.3 Approve the following request of Vicky Britton, Police Department, John Murray, Solid Waste and Recycling Department, and Gerald Theisen, Parks and Recreation Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. Vicky Britton, Personnel Payroll Technician, Police Department, was employed by the City on December 21, 2003, and her pension service credit is effective on that date. Her pension will be effective January 1 st, 2024. Based on an average salary of approximately $45,614.41 over the past five years, the formula for computing regular pensions and Ms. Britton's selection of the Single Life Annuity, this pension benefit will be approximately $25,119.24 annually. John Murray, Solid Waste Equipment Operator, Solid Waste & Recycling Department, was employed by the City on September 13th, 1993, and his pension service credit is effective on January 10th. 1994. His pension will be effective March 1, 2024. Based on an average salary of approximately $57,815.76 over the past five years, the formula for computing regular pensions and Mr. Murray's selection of the Single Life Annuity with the 20% partial lump sum, this pension benefit will be approximately $38,313.84 annually. Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes January 11, 2024 Gerald Theisen, Lead Parks Service Technician, Parks & Recreation Department, was employed by the City on October 26th, 1998, and his pension service credit is effective on that date. His pension will be effective January 1 st, 2024. Based on an average salary of approximately $52,295.28 over the past five years, the formula for computing regular pensions and Mr. Theisen's selection of the 100% Joint & Survivor Annuity, this pension benefit will be approximately $29,780.76 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. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of sixty (60) years and completed twenty-five (25) years of credited service; or the date on which a participant has reached the age of sixty-five (65) years and completed ten (10) years of credited service. Ms. Britton, Mr. Murray, and Mr. Theisen 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. has met the hazardous duty criteria. Member Bunker moved to recommend approval of the following request of Vicky Britton, Police Department, John Murray, Solid Waste & Recycling Department, and Gerald Theisen, Parks & 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. 4.4 Informal hearing for Ryan Kenna request for job-connected disability pension The City Attorney reviewed Ryan Kenna's application for a job-connected disability and hearing requirements as detailed by Code. Mr. Kenna was hired by the City as a Police Officer in September 2019. He suffered an ankle injury in February 2021 and was separated from the City in August 2023. Member Bunker moved to accept into evidence the entire file, inclusive Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes January 11, 2024 of the application, personnel file, interrogatories, medical records, and the Independent Medical Exam (IME). The motion was duly seconded and carried unanimously. Ryan Kenna said he shattered his heel bone on February 8, 2021. He had surgery and had the bones fused together with screws and pins. He returned to work after eight months of rehabilitation and tore tendons in his foot due to the implanted hardware. He had additional surgery and additional rehabilitation and returned to work. He experienced additional pain from a ruptured tendon. His doctor recommended an additional surgery for a tendon transplant. He was told he would not be able to return to work as a police officer. A comment was made that this is a clear case and that the injury resulted in multiple fractures which created significant functional impairment. Member Kakalow moved that Ryan Kenna met the requirements for a job-related disability pension as he was disabled by reason of 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 impairment, to render useful and efficient service as a police officer. The motion was duly seconded and carried unanimously. Chair Hightower thanked Mr. Kenna for his service. 4.5 Formal hearing for Nicholas Giordano request for job-connected disability pension This case was previously before the Committee as an informal hearing in July 2023. It is on today's agenda as a formal hearing. Additional information has been submitted for the Committee's review. The City Attorney reviewed Nicholas Giordano's application for a job-connected disability and hearing requirements as detailed by Code. The applicant claims heart disease which is covered as a job related disability under Florida law, the law presumes police officers who are diagnosed with heart disease or hypertension acquired the condition in the line of duty. Member Kakalow moved to accept into evidence the additional files submitted since the informal hearing. The motion was duly seconded and carried unanimously. Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes January 11, 2024 Attorney Paul Daragjati, representing Nicholas Giordano, said hypertension is the basis for the application. Three examining doctors, including the IME, opined that Mr. Giordano's condition is total and permanent. He said Mr. Giordano had a pacemaker installed in 2010 which has improperly discharged three times, causing him anxiety. He said Brugada Syndrome has been mentioned as a cause for his heart issues, but Brugada Syndrome is not related to hypertension. Attorney Mark Hungate, representing the City of Clearwater as the worker's compensation counsel, said the pension plan requires the supporting physician statements be specialist in the area of which the medical disability is claimed. One of the statements is from a family doctor, not a heart specialist. He said multiple tests by different doctors, including a test to mimic arrythmia, confirmed Brugada pattern. He said the inappropriate discharges has caused Mr. Giordano's anxiety, which is causing the hypertension. The anxiety is well documented. Mr. Giordano's condition is not occupationally caused. He said the job-connected disability should be denied. Nicholas Giordano said he did not have hypertension when he started his career with the City in 2006. He suffered cardiac arrest in 2010 and he received an Implantable Cardioverter Defibrillator(ICD). His first inappropriate shock occurred three to four weeks after the device was installed. He said he had no other inappropriate shocks or arrythmia until 2021. At the end of 2021 he experienced high heart rates and hypertension and saw multiple doctors to determine the cause. He was pulled out of work for 30 days due to uncontrollable hypertension. He returned to work and continued feeling symptoms of fatigue and high blood pressure. He experienced an inappropriate shock in July 2022 while mowing his lawn and was inappropriately shocked again that same day. It was determined that a setting had been unknowingly adjusted to shock the heart at a lower heart rate. He said his hypertension is due to his police work. He said one of his doctors has a son who is a Clearwater police officer so he felt the doctor could better understand his stresses and anxiety, so he mentioned the anxiety to this particular doctor on several occasions. In response to questions, Mr. Daragjati said by law, hypertension is considered heart disease. He said any issues related to Brugada Syndrome or the electrical impulses of the heart are unrelated to Mr. Giordano's hypertension. In response to questions, Mr. Giordano said he never felt any incidents of anxiety or being overwhelmed while on duty. He was a member of the SWAT team and had been tased in training and never felt concerned. He Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes January 11, 2024 said he initially filed the job-connected disability paperwork himself, without legal representation. He said he went to Mayo Clinic independent of the worker's compensation claim to hopefully get confirmation on if he has Brugada Syndrome. In response to a question, Mr. Hungate said all the doctors confirmed hypertension. Discussion ensued with comments made that Brugada Syndrome is mentioned by all the doctors. It was said that the word "assume"was also mentioned when referencing Brugada. It was said that Mr. Giordano is not an anxious person and he worked for years without incident. The City Attorney said that four affirmative votes are required to approve a disability pension. The Committee recessed from 11:10 a.m. - 11:17 a.m. Mr. Daragjati requested to continue the hearing until all Committee members were present. Member Sowers moved to continue this hearing until all Committee members are able to convene. The motion was duly seconded and carried unanimously. 5. Old Business Items Member Sowers requested to discuss the City's pension ordinance and how it relates to extra duty or off duty work pensionable earnings at the next meeting. 6. Director's Report 7. Board Members to be Heard Page 1 City of Clearwater Pension Advisory Committee Meeting Minutes 8. Adjourn The meeting adjourned at 11:22 a.m. January 11, 2024 Chair, Pension Advisory Committee Attest: Board ' eporter City of Clearwater Page 1