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02/13/1997 PENSION ADVISORY COMMITTEE CITY OF CLEARWATER February 13, 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 (arrived 9:02 a.m.) Dick Fitzgerald Committee Member Pat Shepler Committee Member (arrived 9:12 a.m.) Leslie Dougall-Sides Assistant City Attorney Michael Laursen Human Resources Director Debbie Ford Human Resources Technician Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 9:00 a.m. at the City Offices (Old Chamber of Commerce Building). 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 January 9, 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) Jesse Trueblood - Groundskeeper I, Parks & Recreation Department - years of service designation Member Clark moved to approve a Years of Service Pension for Jesse Trueblood. The motion was duly seconded and carried unanimously. 2) Ronald Bliss - Fire Lieutenant, Fire Department - years of service designation - hazardous duty provision Member Johnson moved to approve a Years of Service Pension for Ronald Bliss. The motion was duly seconded and carried unanimously. 3) Charles Whitehead - Motor Vehicle/Equipment Maintenance Shop Supervisor, Fire Department - years of service designation. Human Resources Director Mike Laursen said Charles Whitehead chose Pension Entitlement Option 6 when he completed his retirement paperwork on January 21, 1997. Subsequently, his financial planner counseled him to choose Pension Entitlement Option 2 and purchase life insurance. Results of his physical, available this afternoon, will indicate if he qualifies to purchase life insurance. Mr. Laursen suggested approving Mr. Whitehead’s pension and allowing him to choose a different option by tomorrow afternoon. Mr. Laursen reported current forms state the choice of a Pension Entitlement Option is irrevocable. The PAC (Pension Advisory Committee) and Pension Trustees have not yet reviewed nor approved this request. Assistant City Attorney Leslie Dougall-Sides said staff had developed that language to discourage multiple changes. Mr. Laursen suggested the language could be modified to prohibit changes after PAC approval. In response to a question, he noted some retirements are approved prior to the date of retirement. Consensus was to change retirement form language regarding Pension Entitlement Options to prohibit changes after the PAC has approved a Pension. Member Clark moved to approve a Years of Service Pension for Charles Whitehead and permit him to change his Pension Entitlement Option until 5:00 p.m., February 14, 1997. The motion was duly seconded and carried unanimously. 4) David Kinsey - Fire Training Deputy Chief, Fire Department - years of service designation - hazardous duty provision Member Fitzgerald moved to approve a Years of Service Pension for David Kinsey. The motion was duly seconded. In response to a question, Mr. Laursen reviewed the formula used to determine years of service pension awards. Upon the vote being taken, the motion carried unanimously. 5) Arthur Ermscher - Firefighter, Fire Department - years of service designation - hazardous duty provision Member Johnson moved to approve a Years of Service Pension for Arthur Ermscher. The motion was duly seconded and carried unanimously. 6) David Hardman - Police Lieutenant, Police Department - years of service designation - hazardous duty provision Member Clark moved to approve a Years of Service Pension for David Hardman. The motion was duly seconded and carried unanimously. c) 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. Two employees worked previously for the City in a part-time capacity. Several applications list pre-existing conditions. It was recommended that departments be required to review records regarding pre-existing conditions when considering employees for new positions. Concern was expressed that employees not be assigned duties that could aggravate pre-existing conditions. Mr. Laursen said a personnel policy could be established mandating that review. He will discuss the issue with Deputy City Manager Kathy Rice. Member Johnson moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date. Joel N. Dudas, WWTP Operator C Engineering Department 01/21/97 01/21/97 Joseph Boruff, WWTP Operator Engineering Department 01/06/97 01/06/97 Sean Felton, Police Recruit Police Department 01/06/97 01/06/97 Julie D. Murphy, Public Info Specialist Tourism Department 01/06/97 01/06/97 David Nugent, , Police Recruit Police Department 06/24/96 01/06/97 Thomas K. Sewell, Gas Program Coor. Gas System 01/06/97 01/06/97 Michael Walek, Police Recruit Police Department 01/06/97 01/06/97 Clay Saunders, Police Recruit Police Department 01/06/97 01/06/97 William Smith, Police Recruit Police Department 01/06/97 01/06/97 Joseph Johnson, Police Recruit Police Department 01/06/97 01/06/97 Brian Ireland, Police Recruit Police Department 01/06/97 01/06/97 David Baker, Police Recruit Police Department 01/06/97 01/06/97 Stephanie Swartz, Police Recruit Police Department 01/06/97 01/06/97 Cynthia Mayberry, Lead Parking Attd Engineering Department 02/07/94 01/20/97 Elizabeth Robinson, Library Asst. Library 12/23/96 12/23/96 The motion was duly seconded carried unanimously. ITEM #5 - Pending/New Business Don McMullen Mr. Laursen reported the City had received an undated letter this month from Don McMullen in response to City correspondence regarding PAC concerns that his acceptance of the “Canine Enforcement Officer” position conflicts with his ability to collect future disability benefits from the Pension Plan. Mr. McMullen wrote he will not accept the “Canine Enforcement Officer” position and will complete the entitlement form should he be appointed to a less controversial position with the Federal Government. Ms. Dougall-Sides felt the letter indicates Mr. McMullen has declined to appear before the PAC as requested regarding this issue. The matter should be closed unless reopened by new information. Concern was expressed that Mr. McMullen had not been forthcoming with the City regarding this employment opportunity. Mr. Laursen stated this letter was the first correspondence the City had received from Mr. McMullen. Consensus was for staff to review Mr. McMullen’s employment status in 60 days and report to the PAC. ITEM #7 - Director's Reports Kenneth Donagan - Proposal for Pension Buy Back In reference to Mr. Donagan’s December 1996, filing of an age discrimination complaint with the EEOC (Equal Employment Opportunity Council), Mr. Laursen stated the City had conveyed to EEOC the PAC decision not to accept Mr. Donagan’s pay back offer, noting the ordinance’s provisions. The City has received no further correspondence from the EEOC or Mr. Donagan. Fire Department positions Mr. Laursen distributed Fire Chief Robert Davidson’s February 4, 1997, memorandum regarding recommendations for Hazardous Duty Pension. Chief Davidson recommended the newly-created position, Assistant Training Chief, be classified as “hazardous duty” for pension purposes. He stated minimum qualifications in the job description require “Certification as a Florida State Certified Firefighter within one year of employment,” if not previously obtained. Typical tasks require emergency scene response and fire suppression duties on an as-needed basis. Mr. Laursen requested the PAC discuss this issue at their next meeting after reviewing the memorandum. As a result of reengineering, the Fire Department has proposed two newly created positions: 1) Assistant Fire Marshall (report to Fire Marshall) and 2) Assistant Training Chief (report to Training Chief). It is proposed the Fire Training Deputy Chief position be retitled “Training Chief” and rated as a division head. Discussion ensued regarding certification and job requirements for the subject positions. It was suggested a trainer would be more credible if certified. It was felt sound command decisions require experience. Hazardous Duty Provisions In response to a question, Mr. Laursen said staff is preparing a report regarding current policy that permits vested hazardous duty employees to qualify for the 20 year retirement benefit even though they may have worked only 11 years. ITEM #8 - Adjournment The meeting adjourned at 9:25 a.m.