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05/08/1997 PENSION ADVISORY COMMITTEE CITY OF CLEARWATER May 8, 1997 Present: Rita Garvey Chair/Mayor J. B. Johnson Vice Chair/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 Absent: Richard Breest Committee Member Robert Clark Committee Member/Commissioner 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 Human Resources Director Mike Laursen reported Member Clark had indicated he was absent from the April 10, 1997, meeting. Member Fitzgerald moved to approve the minutes of the regular meeting of April 10, 1997, as amended. 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) Robert L. Davidson - Fire Chief, Fire Department- hazardous duty provision 2) Robert G. Heine, Sr. - Police Officer, Police Department - hazardous duty provision 3) Billy Johnson - Maintenance Worker II, Parks & Recreation Department 4) Gregory Hoover - Fire Lieutenant, Fire Department- hazardous duty provision 5) William James - Firefighter, Fire Department - hazardous duty provision 6) Patricia Voorhees - Staff Assistant II, Parks & Recreation Department Member Johnson moved to approve Years of Service Pensions for Robert L. Davidson, Robert G. Heine, Sr., Billy Johnson, Gregory Hoover, William James, and Patricia Voorhees. 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. Traci L. Tennell, WWTP Oper. Trainee Engineering Department 03/31/97 03/31/97 Rudy V. Chassion, Tree Trimmer Parks & Recreation Dept 04/14/97 04/14/97 John Clarkson, Police Service Tech. Police Department 03/31/97 03/31/97 Yolanda Franklin, Custodial Worker Police Department 03/31/97 03/31/97 Sara E. Agrait, Recreation Supervisor Parks & Recreation Dept. 03/31/97 03/31/97 Stacey Sterling, Maintenance Worker I Parks & Recreation Dept. 04/14/97 04/14/97 Madona Hoke, Police Service Tech. Police Department 03/31/97 03/31/97 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 Mr. Laursen indicated Patricia Renner and her attorney were advised this item would be continued to June 12, 1997. The City has not received all requested information. Interrogatories and the psychologist review will be forwarded to PAC members prior to the next meeting. b) Discussion of New Fire Department Job Classes Relative to Issue of Hazardous Duty Designation - Assistant Training Chief and Assistant Fire Marshall Mr. Laursen reported this item is continued to June 12, 1997. ITEM #6 - Director's Reports a) Review of Basic Florida Statutes and the Role of PAC Members Mr. Laursen indicated it may be considered that Member Shepler has a conflict of interest regarding a job-connected disability pension for Jeffrey A. Renner. Patricia Renner’s information package presented to the PAC included a letter of support written by Member Shepler. Assistant City Attorney Leslie Dougall-Sides said it is up to board members to determine if a conflict exists. The legal office’s forthcoming memorandum will address this issue. A conflict of image may exist due to the letter’s inclusion in the information package. Member Shepler had stated it would be appropriate to recuse himself due to a perceived conflict of interest. Ms. Dougall-Sides recommended members declare a conflict at the appropriate meetings and recuse themselves from voting. Normally, recused members do not participate in the discussion nor discuss the issue with other board members. A definition of “conflict of interest” was requested. Ms. Dougall-Sides said the applicant’s submission of Member Shepler’s letter demonstrates a bias. Mr. Laursen noted when Member Shepler wrote the letter regarding Jeffrey Renner, it was not his intent for the letter to be used in this manner. It is part of the evidence presented to the PAC board, no matter how unintended. Ms. Dougall-Sides reported the City had retained outside counsel to review the case and provide neutral advice. Discussion will continue on June 12, 1997. Annual Pension Entitlement Forms Mr. Laursen reported staff now has received all annual pension entitlement forms. The check withheld due to the non-response has been released. Don McMullen Mr. Laursen referred to his May 2, 1997, memorandum to Deputy Police Chief Paul Maser addressing Don McMullen’s April 21, 1997, letter. Mr. McMullen had indicated an interest in positions: 1) Customs Inspector and 2) Immigration (INS) Agent. Mr. Laursen had requested Mr. Maser review the typical duties associated with those positions and provide background to the PAC as to whether the issue of “similar employment” would be a concern. Mr. Maser also has been requested to verify Mr. McMullen’s employment record. Staff will respond to Mr. McMullen that the PAC will consider similar employment concerns in June. PAC Election Mr. Laursen reported nominations will be accepted for the positions held by Members Breest and Greer until May 27, 1997. The election is scheduled for July 8, 1997. ITEM #7 - Adjournment The meeting adjourned at 9:17 a.m. _________________________________ Chair Pension Advisory Committee Attest: _______________________________________ Board Reporter