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06/12/1997 PENSION ADVISORY COMMITTEE CITY OF CLEARWATER June 12, 1997 Present: Rita Garvey Chair/Mayor J. B. Johnson Vice Chair/Commissioner Richard Breest Committee Member Robert Clark Committee Member/Commissioner Pat Greer Committee Member Dick Fitzgerald Committee Member Pat Shepler Committee Member Leslie Dougall-Sides Assistant City Attorney Kathy S. Rice Deputy City Manager Michael Laursen Human Resources Director Kathryn “Sue” Diana Assistant City Clerk Patricia O. Sullivan 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. ITEM #2 - Approval of Minutes Member Fitzgerald moved to approve the minutes of the regular meeting of May 8, 1997, as recorded and submitted in written summation to each member. The motion was duly seconded and carried unanimously. ITEM #3 - Employees to be Heard - None. ITEM #4 - Action Items a.) Review and Action on Employee Requests for Years of Service Pension 1) Richard D. Beery, - Police Sergeant, Police Department - hazardous duty provision Member Johnson moved to approve a Years of Service Pension for Richard D. Beery. The motion was duly seconded and carried unanimously. 2) William J. Shepard - Engineering Drafting Supervisor, Engineering Department Member Greer moved to approve Years of Service Pension for William J. Shepard. The motion was duly seconded and carried unanimously. 3) William L. Goatcher, - Police Lieutenant, Police Department - hazardous duty provision Human Resources Director Michael Laursen distributed a replacement page, correcting a scrivener error and designating Deborah Goatcher as William Goatcher’s beneficiary. Member Breest moved to approve Years of Service Pension, as corrected, for William L. Goatcher. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Pension Plan Members Human Resources Director Mike Laursen said he had reviewed all physician recommendations and reported all listed new hires meet Pension Plan criteria. Member Johnson moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date. Cheryl Wood, Police Recruit Police Department 04/28/97 04/28/97 George Wight, Police Service Tech. Police Department 04/28/97 04/28/97 Susan Sigler, Police Recruit Police Department 04/28/97 04/28/97 Leonard Melanson, Police Recruit Police Department 04/28/97 04/28/97 James Mehr, Jr., Police Recruit Police Department 04/28/97 04/28/97 Robert Mazzei, Police Recruit Police Department 04/28/97 04/28/97 Jay Harrington, Police Recruit Police Department 04/28/97 04/28/97 Paul Bosco, Police Recruit Police Department 04/28/97 04/28/97 Vincent Hawkes, Custodial Worker Library 04/28/97 04/28/97 Douglas Munson, Jr., Police Recruit Police Department 02/03/97 04/28/97 Lisa Hoffman, Staff Assistant II Police Department 05/12/97 05/12/97 Earnest Lanter, Maintenance Worker I Solid Waste Department 05/12/97 05/12/97 Jennifer Mills, Librarian I Library 05/12/97 05/12/97 Melina Owens, Com. Center Supt. Parks & Recreation Dept 05/12/97 05/12/97 Morgan Wick, Pol. Com. Oper.Trainee Police Department 05/15/97 05/15/97 Julie Ann Schultz, Recreation Leader Parks & Recreation Dept 05/12/97 05/12/97 Steven Goodloe, Solid Waste Worker Solid Waste Department 05/27/97 05/27/97 Roger Latkin, Maintenance Worker I Parks & Recreation Dept 05/27/97 05/27/97 Christina Claus, Forestry Technician Parks & Recreation Dept 05/27/97 05/27/97 The motion was duly seconded carried unanimously. ITEM #5 - Pending/New Business a) Hearing on Request of Patricia Renner for Job-Connected Disability Pension Re: Jeffrey A. Renner Member Shepler said he would abstain from the vote and filed Form 8B, Memorandum of Voting Conflict, stating while he does not feel a conflict exists, he is sensitive to a perceived conflict of interest. For detail, he referred to Assistant City Attorney Leslie Dougall-Sides’ June 2, 1997, memorandum, which referenced Patricia Renner’s submission of Member Shepler’s letter recollecting Jeffrey Renner’s psychological state during certain time periods. Ms. Dougall-Sides indicated Member Shepler could be called as a witness. J. Bruce Harper, representative for the applicant, referred to Psychiatrist Arthur J. Forman, M.D.’s April 29, 1997, letter which reviewed Mr. Renner’s medical records and Dr. Smitherman’s November 25, 1996, letter addressing Mr. Renner’s August 6, 1996, suicide. Dr. Forman concluded Mr. Renner had become depressed during the last several years of his employment with the Fire Department. Mr. Harper felt the City-retained psychiatrist Eric Michael Kaplan, M.D., should declare a conflict of interest due to his professional relationship with Charter Hospital which has been notified of a possible lawsuit related to Mr. Renner’s suicide. In his June 3, 1997, letter, Dr. Kaplan summarized Mr. Renner’s medical records and concluded Mr. Renner did not fulfill the disability criteria for his pension benefit as his depression was not an injury suffered or an illness contracted while in the line of duty. Mr. Harper said the PAC decision will be final. He said Mr. Renner’s death was in the line of duty and he should be deemed to have had a job-related disability at the time of death. He said Mr. Renner was on call 24 hours a day. He said Mr. Renner’s suicide was precipitated by depression related to work-related injuries and significant stress related to his work as a firefighter and paramedic. The suicide occurred 8 days after he availed himself of the City’s employee mental health assistance program, PPS (Professional Psychological Services), for help with depression related to his job. Mr. Harper agreed with Dr. Kaplan that depression is a medical disorder. He said Mr. Renner’s widow should be entitled to benefits related to an in the line of duty death. Ms. Renner read a personal background statement. She said she met and married her husband when they were in their 30s. They had no children. They had a good relationship and enjoyed an active social life, vacations, and no financial difficulties. Mr. Renner worked for the Fire Department for 19½ years. She reviewed his work history, injuries, surgeries for multiple back injuries, and hospitalizations related to chest pains beginning in 1995. She said he continued pain medication for his back through August 1996. She said in spite of a near perfect attendance record, he was on sick leave for most of June 1996. On July 23, 1996, his primary physician recommended he call PPS. The first available appointment was on July 31, 1996. She said he was on vacation July 21 - 28, 1996, and answered 14 calls during 12 hours when he returned to work on July 29, 1996. She said the volume of calls was too stressful. On July 30, 1996, she said he attempted suicide at Station 48 while on duty. He called PSS on the morning of July 30, 1996, attended an appointment there that afternoon, and met with a psychiatrist at Charter Hospital on July 31, 1996, who arranged outpatient treatment. He took a medical leave of absence from work and took his life one week later. Ms. Renner requested a death in the line of duty pension. She said Mr. Renner’s 19½ years of duty related trauma, back injuries, and chest pains lead to his depression and suicide. Mark Hanley, representing the City, said Mr. Renner was a good firefighter and the City is sorry he no longer is here. He said the applicant is requesting enhanced benefits. He said Mr. Renner was not on call at the time of his suicide. He referred to Dr. Kaplan’s report that questioned who would remain in a career for 20 years if the occupation was too stressful. Mr. Hanley said Mr. Renner enjoyed his work and was good at it. He said approval of this request requires proof that stress causes depression. He referred to Mr. Harper’s agreement with Dr. Kaplan that depression is a medical condition and is not caused by stress. He said the applicant also must prove depression caused Mr. Renner to take his life. Mr. Hanley said no proof has been presented that indicates Mr. Renner’s position as a firefighter caused his depression. In response to questioning from Mr. Harper, Ms. Renner said she and her husband had no marital or financial problems. In reference to Dr. Kaplan’s statement indicating Mr. Renner visited fire stations while overseas, Ms. Renner said she had researched and planned the one visit. Mr. Harper said the City-retained psychiatrist had reviewed Mr. Renner’s medical records and could identify no other cause for his depression. He noted on page 4 of the April 29, 1997, letter, Dr. Forman does not address if the death was “in the line of duty.” Dr. Forman states Mr. Renner became depressed during the last years of his employment with the Fire Department. Mr. Harper said the only explanation for Mr. Renner’s depression is that it was job-related. Mr. Harper requested papers filed at the March 13, 1997, meeting be part of this record. He reviewed Mr. Renner’s work-related 1980, 1987, and 1989 back injuries and related surgeries and pain. Mr. Renner was first hospitalized for chest pains in January 1995. Although no heart defect was found, he continued suffering chest pains through August 1996. In June 1996, Mr. Renner developed a rash on his elbow with no specific cause. Mr. Renner’s June 1996, examination indicated he had lost almost 10 pounds and experienced back pain with spasm. On July 30, 1996, he said Mr. Renner attempted suicide at work. He said the July 30, 1996, PPS form listed problems: 1) emotional mental health; 2) activities of daily living; 3) job, career, vocational; and 4) physical health. In her report, Therapist Bette Pate indicated Mr. Renner had attempted suicide and was very depressed, fearful, worried, and had negative thoughts. Ms. Pate stated Mr. Renner might attempt suicide again if left alone and indicated he had high stress on his job as an EMT/Paramedic. In his report, Psychiatrist Ashok Patel, M.D., of Charter Hospital, indicated Mr. Renner was severely depressed, feeling hopeless, had chronic pain problems, and recently attempted suicide. The August 5, 1996, report indicated Mr. Renner was unable to function at work, had been battling depression for several weeks, and could not work due to back problems. The day after meeting with Dr. Patel, Mr. Renner hanged himself in this garage. Mr. Harper read the November 25, 1996, letter from Dr. Mark Smitherman, Mr. Renner’s treating physician. Dr. Smitherman felt Mr. Renner’s stress was multi-factoral, including job stressors. He said no specific cause was found for Mr. Renner’s chest pains and high blood pressure. He concluded stress played a significant role in Mr. Renner’s multiple complaints and that a significant amount of stress was job related. In his September 9, 1996, letter, Dr. Patel referred to his July 31, 1996, evaluation of Mr. Renner. Dr. Patel indicated Mr. Renner was diagnosed with major depression severe and stated the illness can be precipitated by acute or chronic stress. Dr. Patel reported Mr. Renner appeared to have stress related to his work and had difficulties coping. Dr. Patel said Mr. Renner did not appear to have marital or financial problems. Mr. Harper noted Dr. Smitherman and Dr. Patel concluded medically that Mr. Renner had stress related to his job which lead to depression which lead to suicide. Mr. Hanley objected to the conclusion that stress caused Mr. Renner’s depression. Mr. Harper referred to letters from Mr. Renner’s fellow firefighters related to his distinguished career. Mr. Harper said medical records establish an opinion that Mr. Renner’s work was the direct cause of his stress. He requested the PAC conclude that depression lead to Mr. Renner’s suicide. Mr. Hanley objected to Mr. Harper interpreting medical records as evidence. Lois Murphy, an FBI employee, said she lives across the street from the Renners and has known Ms. Renner for 12 years. She said they are close friends and Mr. Renner used to refer to her as his “sister.” She said before his back injury, Mr. Renner was active, loved to travel, and enjoyed the beach and socializing at neighborhood pool parties. She said in late July 1996, she noticed Mr. Renner looked differently and questioned him regarding his health. She was unaware of any financial or marital problems the Renners had. She said Mr. Renner was withdrawn and not himself at his July 26, 1996, birthday party. She said when she visited the Renners’ home on approximately August 3, 1996, Mr. Renner was crying and indicated he did not know what was wrong with him. She said he was bothered with back pain. In response to questions from Mr. Hanley, Ms. Murphy said prior to his back injury, Mr. Renner appeared to be normal, happy, and enjoying life. Following his back injury, Ms. Murphy said Mr. Renner was in pain at times and not a happy person. Mr. Renner had been an active person and firefighter the whole time she knew him. Ms. Murphy indicated she has no medical training and was not testifying regarding Mr. Renner’s stress, depression, or the cause of his suicide. It was noted Mr. Renner had back surgery in 1989. In response to questions from Mr. Hanley, Ms. Renner said her husband had enjoyed working as a firefighter during most of his career and had 13 years of perfect attendance. Deputy Fire Chief Brian Baldwin said he was not aware of Mr. Renner’s suicide attempt at work until it was to be reported in the newspaper. Once aware of the allegation, the City investigated the incident. No one could confirm if the incident had occurred. In response to questions from Mr. Harper, Ms. Renner said following Mr. Renner’s suicide attempt at work, she had seen the burn marks on his chest where he had placed the defibrillator. She said he had told her he thought the defibrillator would stop his heart and indicated he wanted help immediately. Mr. Harper said the only proven cause of Mr. Renner’s suicide is job related stress and depression. He noted Dr. Kaplan’s report states depression is not caused by stress although it can be influenced by psycho-social stressors. He said it is reasonable to conclude that Mr. Renner’s stress is a proximal cause for his depression. He said reports from Mr. Renner’s doctors are based on the doctors’ treatment of Mr. Renner and are not merely an analysis of the record. Dr. Smitherman stated Mr. Renner’s stress was job-related. Dr. Patel confirmed Mr. Renner had major depression related to his stress at work. Mr. Harper disagreed with the City’s contention that the PAC should disregard the opinions of Mr. Renner’s treating physicians. He noted Dr. Kaplan had not reported his possible conflict of interest and recommended the PAC disregard Dr. Kaplan’s report. Mr. Harper noted no definition of line of duty death exists. He said this decision will not establish a precedent regarding employee suicide. He noted Mr. Renner had sought help through the City plan when he was in trouble. Mr. Harper said Mr. Renner committed suicide as a natural consequence of his stress, depression, and physical problems related to his job. He said Mr. Renner did not receive the relief he had sought. Mr. Harper cited Worker’s Compensation case law regarding a 1981 case, City of Tampa vs. Scott, regarding a firefighter’s suicide where the Court found the suicide was work related as it was associated with work related injuries even though the suicide did not occur at work. Mr. Harper also cited two Illinois cases related to suicides. Mr. Hanley said Mr. Renner’s love for his job as a firefighter has not been disputed. In his report, Dr. Kaplan stated it is inconsistent with normal patterns that someone will suddenly experience stress on a job one has held for 15 years. If it is true that Mr. Renner suddenly suffered overwhelming stress, Mr. Hanley said it is inconsistent to conclude that stress caused his depression. He noted the reports indicate stress can aggravate depression but does not cause it. He said it has not been proven that Mr. Renner’s job caused his stress which caused his depression which caused his suicide. Dr. Kaplan had questioned why more documentation does not exist if Mr. Renner’s stress was so acute. Mr. Hanley reiterated that no medical evidence proves stress causes depression and no one can prove Mr. Renner’s depression caused his suicide. Mr. Hanley said Mr. Renner committed suicide at home when he was not on the job. It was noted Dr. Kaplan had indicated work related stress manifests itself within months or a few years. Mr. Renner served as a firefighter for 19 ½ years. Dr. Kaplan’s report that major depression is a medical disorder was noted. It was felt performance of the job was not the factual causation of the disability. Concern was expressed regarding the PAC considering Dr. Kaplan’s letter as evidence. It was noted Dr. Kaplan has a financial interest in the case as he is a director of Charter Hospital. Mr. Renner went through normal channels seeking help and was seen by Charter Hospital the day before his suicide. Mr. Renner also had frustrations related to his injuries. It was felt a connection exists between Mr. Renner’s injury-related pain, his frustration, his job-related stress, and his suicide. It was felt Mr. Renner’s two physicians knew him better than Dr. Kaplan, who was paid to review the records. It was stated Mr. Renner’s widow should not be penalized because Mr. Renner’s suicide attempt at work was unsuccessful. Concern was expressed that Mr. Renner had declined some pain medication. It was noted drug interactions can cause discomfort. Mr. Renner’s increasing frustration regarding his health problems was noted. It was pointed out others with similar frustrations do not commit suicide. It was stated all work creates stress. Sympathy for Ms. Renner was expressed. In response to a question, Ms. Dougall-Sides said 2 cases mentioned by Mr. Harper are not controlling law in Florida. The other case related to Worker’s Compensation. Criteria regarding Worker’s Compensation differ from those regarding pension benefits. The PAC must determine if performance of the job was the factual causation of the participant’s disability. Worker’s Compensation criteria are similar in some respects but are not controlling on this body. The Pension Plan requires factual causation. It was suggested Mr. Renner’s frustration was related to the treatment he was receiving for his injuries. It was felt a line of duty determination had not been proven and no factual evidence proves the suicide was job-related. Member Fitzgerald moved to deny Patricia Renner’s request for a Job-Connected Disability Pension in the line of duty for Jeffrey A. Renner and for Ms. Dougall-Sides to draft a written order to be presented at the following PAC meeting. The motion was duly seconded. Members Johnson, Breest, Clark and Fitzgerald and Chair Garvey voted “Aye”; Member Greer voted “Nay”; Member Shepler abstained. Motion carried. In response to a question, Mr. Laursen said Ms. Renner’s request for pension benefits has been ongoing. The unresolved question relates to which benefit Ms. Renner will receive. Mr. Harper noted the pension benefit form does not list “in the line of duty.” Ms. Dougall-Sides said it has not been determined if Ms. Renner qualifies for a non-job related disability benefit or a standard death benefit. She said a new application is needed as the current one requests an “in the line of duty” benefit. The request must come back before the PAC for final approval. The PAC recessed from 10:45 to 11:01 a.m. b) Discussion of New Fire Department Job Classes Relative to Issue of Hazardous Duty Designation - Assistant Fire Training Chief and Assistant Fire Marshall Mr. Laursen said the PAC needs to determine if the new job classes, Assistant Fire Training Chief and Assistant Fire Marshall, should qualify for a hazardous duty designation. Staff recommends deeming both positions hazardous duty if certified firefighters are promoted into the positions. The positions can work in hazardous duty situations only when employees are certified. This open designation will allow broad recruitment and opportunities for firefighters. In response to a question, Assistant Fire Chief Rowland Herald said no internal candidates are on the current Assistant Fire Marshall list. Advanced education in the fire service focuses on either suppression or prevention. Qualifications for the Fire Marshall or Assistant Fire Marshall position usually are geared toward prevention and have been included in the minimum qualifications. Mr. Laursen said salary is not an issue. The benefit related to hazardous duty permits retirement after 20 years. He said the availability of these positions for hazardous situations would be a benefit for the Fire Department. Member Breest moved to deem the new Fire Department job classes, Assistant Fire Training Chief and Assistant Fire Marshall, as hazardous duty if the positions are filled by State certified firefighters. The motion was duly seconded and carried unanimously. ITEM #6 - Director's Reports a) PAC Election Process Mr. Laursen said an elections' committee has been formed for the upcoming PAC election for seats held by Richard Breest and Patricia Greer. Ballots will be mailed on June 20, 1997. Their return must be postmarked by July 3, 1997. Votes will be counted on July 8, 1997. Pension Buy Backs Mr. Laursen reported Dan Carpenter, of the Finance Department, has indicated his intention to buy back his 1 ½ years of service. He will make a one time lump sum payment in December of the actuarial amount computed by Mr. Metz. Meeting Location Member Clark recommended future hearings be conducted in a more appropriate facility to assist the applicants, attorneys, and witnesses. Quasi-judicial Hearings Member Greer felt Dr. Kaplan’s possible conflict of interest regarding the Renner case should have been disclosed. Member Greer expressed concern Ms. Dougall-Sides may be “wearing two hats” when she serves the PAC while being paid by the City and suggested contemplating independent counsel when similar cases are considered. Member Shepler agreed. Regarding the Renner case, Ms. Dougall-Sides said she had not reviewed the issues with either party. The PAC may consider this issue in the future. Ms. Dougall-Sides will review the rules. Deputy City Manager Kathy Rice reported the Renner case had no discovery and the City’s attorney was not aware Charter Hospital was under contract with PPS until the last minute. Concern was expressed Ms. Renner had not received income since Mr. Renner’s death. Mr. Laursen said Ms. Renner had waited almost 6 months before making an application. Ms. Rice recommended staff review issues related to the onset date for Ms. Renner’s disability payment. She recommended establishing procedures relative to tragic situations where City employees die. Member Breest Farewell Member Breest reported he is not running for re-election and thanked the committee for the opportunity to serve. ITEM #7 - Adjournment The meeting adjourned at 11:20 a.m. _________________________________ Chair Pension Advisory Committee Attest: _______________________________________ Board Reporter