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03/13/1997 PENSION ADVISORY COMMITTEE CITY OF CLEARWATER March 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 Dick Fitzgerald Committee Member Pat Shepler Committee Member 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 Johnson moved to approve the minutes of the regular meeting of February 13, 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) Wayne Sibbert - Police Lieutenant, Police Department - hazardous duty provision Member Johnson moved to approve a Years of Service Pension for Wayne Sibbert. 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 Fitzgerald moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date. Anthony S. Nellis, Maint. Worker I Solid Waste Department 02/17/97 02/17/97 Robert C. Chilcote, Welder Solid Waste Department 02/03/97 02/03/97 Juan Butler, GIS Technician Information Management02/18/97 02/18/97 Carol Boteler, GIS Technician Police Department 02/18/97 02/18/97 In response to a question, Human Resources Director Mark Laursen stated membership is approved retroactively to the eligibility date. The motion was duly seconded carried unanimously. c) Review and Action on Employee Request for Vesting Pension 1) Daniel F. Freeman - Fire Fighter, Fire Department Daniel F. Freeman, who entered the Pension Plan on January 7, 1980, and resigned from the City on March 1, 1997, applied for a Vested Rights Pension and requested receiving a reduced pension beginning February 1, 2000. Mr. Laursen reported the Legal Department is analyzing old legal opinions regarding current policy that permits vested hazardous duty employees to collect benefits after 20 years even though they worked less than 20 years. Staff is comparing the legal opinions with current language in the Plan. This practice was last reviewed in 1978. An estimate of the actuarial effect of this policy on the Pension Plan was requested. ITEM #5 - Pending/New Business a) Presentation of Request re Pension of Jeffrey A. Renner Mr. Laursen said Patricia Renner had faxed her request to address the PAC (Pension Advisory Committee) but provided no background information. Ms. Renner distributed information packets. She said her husband, Jeffrey Renner, had worked for the Fire Department for 19½ years. She said he became a driver after a 1980 work-related back injury impaired his ability to continue his paramedic duties. She said he also was injured in 1987. She said he suffered chest pains and arthritis in recent years. She said he had a difficult time functioning at work in June 1996 and scheduled an appointment with PPS (Professional Psychological Services), the City’s mental health provider, on July 23, 1996. She said July 30, 1997, was the first available appointment. She said Mr. Renner took vacation time until July 28, 1996. She said he returned to work on July 29, 1996, and answered 14 calls in 12 hours. She said Mr. Renner attempted suicide at work on July 30, 1996. She said he then took a leave of absence and took his life one week later. She requested the PAC determine Mr. Renner’s death to be in the line of duty. Bruce Harper, representative for Ms. Renner, introduced Jim Watson, a certified rehabilitation counselor, and requested Mr. Renner’s Pension benefits be based on termination by reason of death in the line of duty. Mr. Watson said after Mr. Renner attempted suicide at work on July 30, 1996, he availed himself to the City’s mental health program. He said Mr. Renner met with a psychiatrist once and was scheduled the following day to check into Charter Hospital. Mr. Renner committed suicide at home. Mr. Watson reviewed his professional background. He said stress is a major factor related to every injury. He said after interviewing Ms. Renner, he determined Mr. Renner had no abnormal stress related to health, finances, or significant family circumstances. He said stresses in Mr. Renner’s life were related to his job in the Fire Department. He said Mr. Renner had been experiencing chest pains and cardiac calls were especially stressful for him as he feared he may be placing fellow firefighters at risk. He said Mr. Renner also suffered from stress related skin rashes. He said Mr. Renner received inadequate care after his first suicide attempt. He said the location of Mr. Renner’s suicide is not relevant to its cause. In response to a question, Mr. Laursen said procedure established for disability pension requests includes a formal hearing after submission of the application forms and satisfactory completion of Legal Department interrogatories. It was suggested PAC members view a video regarding stress. Assistant City Attorney Leslie Dougall-Sides recommended PAC members not present documentation regarding requests to the board. Mr. Watson said no evidence suggests Mr. Renner suffered significant stress away from the job. He said Mr. and Ms. Renner had a good relationship, Mr. Renner was involved in an active lifestyle, and did not withdraw from social situations and groups away from work. He said Mr. Renner was a loner at work and would not eat meals or joke with other firefighters. Mr. Harper felt the PAC should not be consider if Mr. Renner suffered a disability but should determine the suicide was job-related. Ms. Dougall-Sides noted a formal process exists. She said this presentation cannot be construed as a hearing regarding a death benefit as sufficient notice was not given and Human Resources did not have an opportunity to respond. She said the process can begin only after a disability application is filed with Human Resources. Member Shepler agreed he is sensitive to issues related to Mr. Renner and indicated he would defer to board opinion regarding a need for him to recuse himself from future discussion. He recommended each PAC member view his video tape on stress. In response to a question regarding Ms. Renner’s claim, Ms. Dougall-Sides said a death benefit already is being paid. She recommended Ms. Renner apply for a disability benefit. Mr. Laursen reviewed Pension benefits. Ms. Dougall-Sides suggested Ms. Renner had requested the PAC to determine today that Mr. Renner was disabled in the line of duty. She said after application is made and interrogatories are satisfactorily answered, a hearing before the PAC can be scheduled. b) Discussion of new Fire Department job classes relative to issue of Hazardous Duty Designation - Assistant Training Chief and Assistant Fire Marshall Fire Chief Robert Davidson distributed job descriptions of the Assistant Fire Marshal and Assistant Fire Training Chief positions. The changes are a result of department reengineering. He requested direction from the PAC regarding whether or not these positions should be designated as hazardous duty. The Assistant Fire Training Chief position is new. Responsibilities will include training, administering training records, performing fire suppression duties as needed, etc. As proposed, the position will require certification as a Florida State Certified Firefighter within one year of employment. In response to a question, he said qualified out-of-state candidates may not hold State certification. A firefighter position will be reclassified to Assistant Fire Marshall and the number of on-duty firefighters per shift will decrease from 50 to 49. The position will act as an assistant emergency manager and be second in command. He said certification may not be necessary for this position as it focuses on fire prevention and emergency management. Based on the current position description, civilian employees qualify and compete for Life Hazard Safety positions. The Assistant Fire Marshall position description was written to attract the largest number of qualified candidates. In response to a question, Chief Davidson said the Fire Marshall and Fire Training Chiefs are Florida Certified Firefighters. It was recommended the Assistant Fire Marshal position should require the same certification. It was suggested language in the Assistant Fire Training Chief state the position “fills in as Fire Training Chief as needed.” It was felt the assistant should be fully capable of stepping into the leadership positions. In response to a question, Chief Davidson said language regarding City Manager policies is standard for all SAMP positions. Commissioner Hooper said promotional opportunities in the Fire Department have been limited. Chief Davidson reported 12 years ago, it was determined Life Hazard Safety positions no longer required State firefighter certification. He noted 4 civilian employees currently work in Life Hazard Safety positions. In response to a question, he said certification takes approximately 8 months and requires sponsorship to the fire academy. Commissioner Hooper expressed concern no internal qualified candidates will apply to be Assistant Fire Marshal if the position is not designated as hazardous duty. It was noted the Assistant Fire Marshal will assist investigations to determine fire origins. When arson is suspected, the Police Department steps in to investigate possible criminal activity. Mr. Laursen said the hazardous duty designation must be attached to the position, not to the candidate. It was noted if a non-certified candidate is hired according to recommended requirements, the City would have to pay for the employee to attend school for 8 months to obtain certification. The State does not recognize the national registry of certified firefighters. It was suggested the term “Assistant” may need further consideration. It was recommended the position provide a promotional opportunity for certified firefighters without forcing candidates to give up their hazardous duty designation. Mr. Laursen will present the PAC with a recommendation from the City Manager’s office. Member Johnson moved to continue Item #5b. The motion was duly seconded and carried unanimously. Concern was expressed hazardous employees who have served more than 10 years and experience stress cannot transfer to less stressful positions without sacrificing their hazardous duty designation. ITEM #7 - Director's Reports Concern was expressed that staff communicate with retiring employees and clearly indicate when pension checks are first issued. Pension checks are distributed one month after retirements are finalized. In response to a question, Mr. Laursen said changing the number of months required for retirement has not been considered. It is a rumor. It was recommended the election process begin so it is handled in a timely manner. Mr. Laursen will contact the City Clerk Department regarding this issue. ITEM #8 - Adjournment The meeting adjourned at 10:41 a.m.