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03/21/1996 PENSION ADVISORY COMMITTEE SPECIAL MEETING CITY OF CLEARWATER March 21, 1996 Present: Rita Garvey Acting Chair/Mayor J. B. Johnson Committee Member/Commissioner Robert Clark Committee Member/Commissioner Pat Greer Committee Member Pat Shepler Committee Member Empty Seat Committee Member Leslie Dougall-Sides Assistant City Attorney Michael Laursen Human Resources Director Jon Marcin Risk Management Specialist Patricia O. Sullivan Board Reporter Absent: Richard Breest Committee Member The Acting 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. ITEM #2 - Consideration of Non Job-Connected Disability Pension request David L. Ford - Spray Technician, Parks & Recreation Department Human Resources Director Mike Laursen said the consensus of the PAC (Pension Advisory Committee) at their last meeting was if the Committee approves a non job-connected disability pension, Mr. Ford will be allowed to submit further information in the future to support a job-connection relationship to his disability. Members discussed various views regarding Mr. Ford's supporting documentation. A reference was made to a letter from J. Wayne Phillips, M.D., which indicates Mr. Ford's condition may be viral oriented. It was suggested a 1992 allergic reaction to a commercial insect repellent may have hinted at Mr. Ford's sensitivity to chemicals. It was noted Mr. Ford was treated in 1994 for on-the-job chemical exposure to Dursban. Dr. Steven Smith's March 12, 1996, letter reported Mr. Ford has chronic chemical bronchitis. One member suggested Mr. Ford's condition may be job-related and chemicals could have exacerbated the problem but may not be the cause. It was suggested many current safety practices observed today may not always have been followed in the past . Zan Barbara, attorney for Mr. Ford, expressed concern Mr. Ford retain his right to qualify for a job-connected disability. For the City, Mr. Laursen endorsed the view being discussed by the PAC that if a non job-connected disability is approved, Mr. Ford can start receiving pension benefits while he continues to seek information to support a job-connected disability. It was noted the PAC does not have enough information to establish a job-connection at this time. Mr. Laursen reminded the PAC that Risk Management will request Mr. Ford undergo an IME (Independent Medical Examination). In answer to a question, Mr. Laursen said if the disability is granted as a non job-related pension and is later upgraded, Mr. Ford would receive the difference in benefits from day one. Member Clark moved that David L. Ford be granted a non-job-connected disability pension effective on a date to be determined based on Mr. Ford's disability that resulted from off-the-job circumstances which are described as cardiomyopathy and chronic chemical bronchitis which has made him permanently unable to perform his job and documented by the medical statements of Steven W. Smith, M.D. and Peter J. Berman M.D. and that this action in no way impedes Mr. Ford's ability to submit additional information and the PAC to reconsider a job-connection for this disability in the future. The motion was duly seconded and carried unanimously. ITEM #3 - Appointment of Seventh PAC Member Three Clearwater residents have been nominated for the seventh seat: 1) Ed Bryan; 2) Bob Burwell; and 3) Dick Fitzgerald. Assistant City Attorney Leslie Dougall-Sides indicated rules state the seventh seat is chosen by six members. Mr. Laursen reported Member Breest had submitted a letter indicating his choice should a vote be taken. Ms. Dougall-Sides advised that proxy votes are not appropriate and cannot be considered. Member Johnson withdrew his nomination of Ed Bryan. Member Johnson moved to appoint Bob Burwell to the seventh seat. There was no second. Member Clark moved to appoint Dick Fitzgerald to the seventh seat of the Pension Advisory Committee. The motion was duly seconded and carried unanimously. This action was based on the understanding that Member Breest should cast his vote at the next meeting to comply with the provision that the seventh member be selected by the other six. Mr. Laursen reported Member Breest's letter indicated he concurred with the vote. Mr. Fitzgerald will be invited to the next PAC meeting. Due to schedule conflicts on April 11, 1996, the next meeting was scheduled for April 16, 1996 at 9:00 a.m. ITEM #6 - Adjournment The meeting adjourned at 9:35 a.m.