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11/01/1995 PENSION ADVISORY COMMITTEE CITY OF CLEARWATER November 1, 1995 Present: Edwin Hooper Chair Richard Breest Committee Member Fred Ratley Committee Member Leslie Dougall-Sides Assistant City Attorney Jon Marcin Risk Management Specialist Jackie Kline Temporary Staff Assistant III Patricia O. Sullivan Board Reporter Absent: Michael Laursen Human Resources Director The Chair called the meeting to order at 9:45 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 - Approval of Minutes Member Breest moved to approve the minutes of the regular meeting of October 18, 1995, as recorded and submitted in written summation to each member. The motion was duly seconded and carried unanimously. ITEM #3 - Old Business a) Light Duty Policy (Cont'd) b) Timothy DeBord - Firefighter - Fire Department - Job-connected Disability Pension -Pension approved at October 18, 1995 meeting. The meeting recessed from 10:06 to 10:22 a.m. c) Gary Milarck - Marine Facility Operator, Marine Department - Job-connected Disability Pension - Chair Hooper moved that Gary Milarck be granted a job-connected disability pension effective on a date to be determined based on Mr. Milarck's disability that resulted from on-the-job circumstances which are described as spinal bulging and lumbar and sacra spinal injuries which has made him permanently unable to perform his job and documented by the medical statements of Robert D. Gruber, D.O.; R.W. Springstead, M.D.; Mark Monical, M.D.; and Richard F. Lyster, M.D.; an MRI report submitted by Lawrence R. Muroff, M.D.; and supporting documentation from Rick Argall, D.C. The motion was duly seconded and carried unanimously. d) William Matlin - Mechanic II, Fleet Maintenance - Job-connected Disability Pension - Not present - Case pending. e) Linda Traub - Container Maintenance Worker, Solid Waste Department - Job-connected Disability Pension - Chair Hooper moved that Linda Traub be granted a job-connected disability pension effective on a date to be determined based on Ms. Traub's disability that resulted from on-the-job circumstances which are described as knee and lower extremity trauma and reconstruction which has made her permanently unable to perform her job and documented by the medical statements of J. Sudler Hood, M.D.; Lawrence M. Gnage, M.D.; and Elizabeth C. Sirna, M.D. The motion was duly seconded and carried unanimously. f) Cora Bennett, widow of Ernest Bennett -Solid Waste Worker, Solid Waste Department - Survivor's Pension -- Not present - Case pending. g) Leo Thompson - Spray Technician, Parks & Recreation Department - Job-connected Disability Pension - Not present - Case pending. h) Robert Batten - Equipment Operator III, Public Works Department - Job-connected Disability Pension - Not present - Chair Hooper moved to have Human Resources schedule an IME for Mr. Batten. The motion was duly seconded and carried unanimously. i) Gary Lutman - Mechanic II, Fleet Maintenance Division, General Services Department - Job-connected Disability Pension - Pension approved at October 18, 1995 meeting. j) Willie Frazier - Equipment Operator III, Parks & Recreation Department - Non-job-connected Disability Pension - Chair Hooper moved that Willie Frazier be granted a non-job-connected disability pension effective on a date to be determined based on Mr. Frazier's disability that resulted from off-the-job circumstances which are described as lung cancer and the removal of a lung which has made him permanently unable to perform his job and documented by the medical statements of Owen Linder M.D. and Reesa M. McDonald, M.D. The motion was duly seconded and carried unanimously. The meeting recessed from 10:25 to 10:43 a.m. k) David Bossard - Firefighter, Fire Department - Job-connected Disability Pension - Chair Hooper moved that David Bossard be granted a job-connected disability pension effective on a date to be determined based on Mr. Bossard's disability that resulted from on-the-job circumstances which are described as a herniated disk at C5 -6 with impingement on the spinal cord which has made him permanently unable to perform his job and documented by the medical statements of Rosario A. Musella, M.D.; H. Bushnell Clarke, M.D.; Gary G. Moskovitz, M.D.; Michael J. Andriola, M.D.; and Luis Figueroa, M.D. The motion was duly seconded and carried unanimously. ITEM #4 - New Business Chair Hooper stated a newspaper reporter had requested disability pension packets with medical data attached, specifically relating to the Fire and Police Departments. He questioned if medical records are considered public information. Assistant City Attorney Leslie Dougall-Sides said the reporter was referred to the City Clerk Department to review the Committee's agenda packets, which are public records. If the reporter requests additional information, records will be reviewed to determine if information contained in other City files is public record. Chair Hooper referred to a previous opinion rendered by the City Attorney's office indicating records, medical letters, and documentation submitted to the Pension Advisory Committee (PAC) would remain confidential and not fall under the public records act. Ms. Dougall-Sides indicated the document employees sign to release medical information to the PAC, only addresses the release of these records to the City. Whether those records are public or not depends on State statute. In her opinion, not all medical records are public record. She suggested staff may need to review each paper in a file to determine its status. Chair Hooper requested an opinion from the City Attorney's office regarding this matter and expressed concern about the release of medical records. If a request is made to review Human Resources or Payroll records, the City Attorney's office will be contacted for assistance in reviewing records to determine which information is confidential. Ms. Dougall-Sides plans to review the records before they are released. Debbie Bailey, Payroll Services Manager, said no records had been released but indicated the reporter wanted to review the files today. The reporter had requested information regarding representing attorneys, medical records, and treating physicians. Information for the past five years is available in the City Clerk Department while earlier records fill thick files. It is difficult to determine which file documents were presented to the PAC and are considered public record. The Chair expressed concern regarding possible lawsuits filed by pension recipients because confidential information is released. He recommended against releasing any information until this issue is researched thoroughly. Chair Hooper moved that the Pension Advisory Committee take the position that any medical information supplied to the Committee in their packets, until proven otherwise, will be considered confidential and not subject to public review. The motion was duly seconded and carried unanimously. The meeting recessed from 10:54 to 11:09 a.m. Change in meeting schedule Chair Hooper reported the November 22, 1995, meeting has been rescheduled for Wednesday, November 8, 1995, at 9:30 a.m. in a location to be determined. ITEM #5 - Approval of New Members Chair Hooper moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig Date. Judy Martin Library Assistant Library 10/30/95 10/30/95 Lois Norman Staff Assistant I Police Department 10/30/95 10/30/95 The motion was duly seconded and carried unanimously. ITEM #6 - Adjournment The meeting adjourned at 11:12 a.m.