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04/16/1996 PENSION ADVISORY COMMITTEE CITY OF CLEARWATER April 16, 1996 Present: Rita Garvey Acting Chair/Mayor Richard Breest Committee Member J. B. Johnson Committee Member/Commissioner Robert Clark Committee Member/Commissioner Pat Greer Committee Member Pat Shepler Committee Member - arrived at 9:08 a.m. Empty Seat Committee Member Leslie Dougall-Sides Assistant City Attorney Michael Laursen Human Resources Director Patricia O. Sullivan Board Reporter 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 - Selection of Seventh Committee Member Member Clark moved to appoint Dick Fitzgerald as the seventh committee member. The motion was duly seconded and carried unanimously. ITEM #3 - Selection of a Chair Member Johnson moved to appoint Mayor Garvey as PAC Chair. The motion was duly seconded and carried unanimously. ITEM #4 - Approval of Minutes Member Johnson moved to approve the minutes of the regular meeting of March 14, 1996, and Special Meeting of March 21, 1996, as recorded and submitted in written summation to each member. The motion was duly seconded and carried unanimously. ITEM #5 - Action Items a) Review and action on Employee Requests for Years of Service Pension 1) Edwin D. Hooper - Fire Lieutenant, Fire Department - 20 years of service designation - hazardous duty provision Member Clark moved to approve a Years of Service Pension for Edwin D. Hooper. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Pension Plan Members Human Resources Director Michael Laursen said he had reviewed all physician recommendations and reported all listed new hires meet Pension Plan criteria. Member Clark moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date. Janet Bennett, Accounting Clerk III Gas System 03/18/96 03/18/96 Michael Burns, WWTP Operator Trne Engineering Dept./WPC 03/04/96 03/04/96 Daniel Mayer, Rsrch Environmentalist Engineering Dept. 03/04/96 03/04/96 Kimberly NgTang, Police Comm Oper. Police Department 04/01/96 04/01/96 Derek Pike, Sys. Analyst Programmer Information Mgt. Dept. 04/01/96 04/01/96 Greg Renaud, Police Comm. Operator Police Department 04/01/96 04/01/96 The motion was duly seconded and carried unanimously. ITEM #6 - Pending Business a) Claim of Kathy Jenkins on behalf of Latisha Renae Carey, a minor, for Survivor Benefits as the daughter of Robert Mouzon, deceased - Not present Mr. Laursen reported the City Commission authorized the PAC to go to court to protect the fund's integrity as this case has multiple claims. Assistant City Attorney Leslie Dougall-Sides said the court would determine paternity. Only Mr. Mouzon's children, who were under 18 at the time of his death, qualify to make a claim. b) Discussion of procedures for processing employee disability pension requests Mr. Laursen distributed a draft of the PAC Policies and Procedures Manual. When approved, the manual will codify standard procedures for approval of regular years of service pensions, disability pensions, the organization of the PAC, and PAC powers and duties. The PAC provides copies of the manual to the unions and departments to educate employees. Mr. Laursen requested the PAC review the section on processing disability pension requests. The proposed five-page pension request form requires employees to provide a substantial amount of information. He described the proposed process: 1) applicant submits completed form; 2) legal department prepares set(s) of interrogatories based on application; 3) staff refers applicant for IME (independent medical examination) and occupational assessment; and 4) PAC hearing. Ms. Dougall-Sides assisted with developing procedures but the City Attorney has not provided final endorsement. Mr. Laursen recommended requiring employees to present two statements from medical doctors supporting their claims for disability pensions when submitting their application. He recommended IMEs be required automatically. The previous committee had ordered IMEs at their discretion. Mr. Laursen referred to #1, Eligibility for Disability. In answer to a question, he proposed the reassignment of disabled employees to other jobs should be addressed following PAC's determination that employees are disabled and cannot perform their job. The City then can indicate an alternative job is available in lieu of drawing a disability pension. The PAC only determines the existence of a disability. It was questioned if the "habitual use of drugs" refers to tobacco use. Mr. Laursen said the intent is to address illegal drugs. It was noted smoking can contribute to some disabilities. Ms. Dougall-Sides said some municipalities have enacted ordinances restricting the initial employment of smokers. Mr. Laursen reviewed #2, General Exclusions, which also are listed in the ordinance. He referred to #3, Pre-existing Injury/Impairment, noting a pre-existing injury/impairment cannot be the basis for a disability pension. Concern was expressed the City identify pre-existing conditions and conform with ADA (Americans with Disability Act) regulations. There was discussion regarding employees' physical examination forms and whether there is a need to list limitations to be reviewed when they change positions. It was felt employees may rely on the City to protect them from performing activities that would aggravate pre-existing conditions. It was suggested the City recommend limitations and note these recommendations in the employee's personnel file. Mr. Laursen reviewed procedures. Applicants are responsible for supplying information and documentation required by the proposed application. Consensus was for employees to continue submitting statements from two medical doctors, supporting their claim, when submitting their applications for a disability pension. In answer to a question, Mr. Laursen said an IME is important because the doctor is independent and contracted by the City. It was suggested a specialist in the field of the employee's affliction perform the IME. Language indicates the City bears the cost of an IME. As some evaluations are based on diagnostic tests, it was suggested the IME reinterpret invasive tests rather than ordering new ones. Mr. Laursen recommended a proviso indicate additional tests can be ordered if the IME physician states they are necessary. Ms. Dougall-Sides said the IME doctor would have access to previous tests results because the employee would have already signed a medical release form. It was suggested the release form language clearly state that all consultation notes, diagnostic test results, etc. are included in the release. Mr. Laursen said the Legal Department will develop interrogatories based on responses to application questions and IME results. More than one set of interrogatories may be required. The Occupational Assessment is designed to identify work capabilities. In reference to #4, Hearings, it was noted more than 10 days lead time may be needed to agenda a disability request. This issue will be addressed at a future meeting. Mr. Laursen said the proposed Hearing process was tailored after Civil Service Board hearings which are not highly technical. He recommended rules be consistent, informal, and fair. The PAC establishes time limits. Mr. Laursen recommended limits of 30 minutes for presentations, 15 minutes for rebuttals, and 5 minutes for summations. He said additional time may be required for complicated cases and recommended establishing time limits prior to meetings. A suggestion was made to limit all presentations to 15 minutes, with 10 minute rebuttals. Concern was expressed those limits may be inadequate as the decision will affect the remainder of the applicant's life. Mr. Laursen said applicants can divide their time with their attorney. The City, likewise, can divide time among staff. Mr. Laursen said the proposed rules allow requests to be continued to allow PAC members to obtain additional information they feel is relevant. It was recommended that language in #4(f) refer to job or non-job connected disabilities. The PAC will determine if an employee is disabled and if that disability is job related. It was noted the City can require disabled employees to accept alternative employment. The PAC will discuss forms at a future meeting. In answer to a question, Ms. Dougall-Sides said the Legal Department had signed off on the forms drafted by Human Resources. It was recommended the City determine pre-existing medical conditions during pre-employment physicals. It was suggested the PAC review current physical examination forms and determine if they adequately identify pre-existing medical conditions. In answer to a question, Mr. Laursen said the current pre-employment physical includes a generalized medical history. It was suggested that new hires be screened more carefully. It was noted Police and Fire staff's scope of activities often is determined instantaneously and sometimes results in injury. ITEM #7 - Director's Reports Mr. Laursen stated the next two meetings are scheduled for May 9 and June 13, 1996, at 9:00 a.m. A 1996 schedule will be distributed. ITEM #8 - Adjournment The meeting adjourned at 9:50 a.m.