10/09/1997 PENSION ADVISORY COMMITTEE MEETING
CITY OF CLEARWATER
October 9, 1997
Present: Rita Garvey Chair/Mayor
Robert Clark Committee Member/Commissioner
Pat Shepler Committee Member
Pat Greer Committee Member
Dick Fitzgerald Committee Member
John Scacca Committee Member
Leslie Dougall-Sides Assistant City Attorney
Steve Rosenthal Acting Human Resources Director
Debbie Ford Human Resources Technician
Patricia O. Sullivan Board Reporter
Absent: J. B. Johnson Vice Chair/Commissioner
The Chair called the meeting to order at 9:02 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 Clark moved to approve the minutes of the regular meeting of September 11, 1997, as recorded and submitted in written summation to each board member. The motion was duly seconded
and carried unanimously.
ITEM #3 - Employees to be Heard
William Kleinsorge referred to his October 2, 1997, letter to the PAC (Pension Advisory Committee). He said he had received incorrect Pension information before his transfer from the
Police Department to the Finance Department. He had worked as a Police Officer for 10½ years, beginning January 5, 1987. He said he was vested in the Hazardous Duty pension plan on
January 5, 1997, prior to his June 30, 1997, transfer to an accounting position. He said the City now considers him as a “non-hazardous” employee for Pension purposes. He said his
vested hazardous duty designation should not have been changed due to his inter-department transfer.
Assistant City Attorney Leslie Dougall-Sides said she had just received Mr. Kleinsorge’s letter. She planned to review past City practices and report to the PAC at the next meeting.
Mr. Kleinsorge felt he should not be punished due to his transfer.
ITEM #4 - Action Items
a) Review and Action on Employee Requests for Years of Service Pension
1) Jerry C. Karlik - Police Officer, Police Department - hazardous duty provision
2) Elizabeth M. Deptula - City Manager, City Manager Department
3) John W. Rooks, Jr. - Engineer II, Engineering Department
4) Donald W. Andrus - Signal Engineer, Engineering Department
Member Fitzgerald moved to approve Years of Service Pensions for Jerry C. Karlik, Elizabeth M. Deptula, John W. Rooks, Jr., and Donald W. Andrus. The motion was duly seconded and
carried unanimously.
b) Review and Action on Employee Request to Vest Pension
1) Brian T. Cullen - Construction Inspector II, Engineering Department
Brian T. Cullen has resigned his position after being employed by the City for more than 22 years. He will qualify to receive his pension beginning August 1, 2005.
Member Clark moved to approve the request by Brian T. Cullen to vest his Pension. The motion was duly seconded and carried unanimously.
c) Approval of New Hires as Pension Plan Members
Diane Bennett was hired as permanent part-time and transferred to full-time on September 1, 1997. Brian Sweeney was hired as permanent part-time and transferred to full-time on September
15, 1997. Kathy Wight was hired October 7, 1985, transferred to part-time on August 5, 1996, and withdrew her pension contributions. She transferred to full-time on September 16, 1996.
Concern was expressed Kathy Wight had worked for more than a year before this request for approval was brought forward. Human Resources Technician Debbie Ford said when Ms. Wight transferred
from a full-time to part-time position, she no longer qualified for Pension benefits and withdrew her contribution. When she returned to full-time employment, the Pension Plan considered
her to be a new employee and required she obtain a physical examination. Police Department physicals are more strenuous than those required for other City positions. Ms. Wight has
been contributing into the Pension plan since her return to full-time employment. It was recommended a procedure be established to enforce timely adherence to the physical examination
requirement as problems could result due to delays.
Member Fitzgerald moved to accept the following employees into membership in the Pension Plan:
Date of Pension
Employment Elig. Date.
Todd Kuhnel, Public Services Tech. I Public Services Dept. 09/02/97 09/02/97
Levi Oatley, Maintenance Worker II Parks & Recreation Dept. 09/15/97 09/15/97
Stephen Finney, Gas Technician I Gas System 09/15/97 09/15/97
Isaac Hinson, Custodial Worker Police Department 09/15/97 09/15/97
Diane Bennett, Police Comm Operator Police Department 03/14/88 09/01/97
Brian Sweeney, Library Assistant Library Department 12/23/96 09/15/97
Kathy Wight, Police Comm Operator Police Department 10/07/85 09/16/96
The motion was duly seconded carried unanimously.
ITEM #5 - Pending/New Business
Regarding David Ford’s work-related disability claim, it was noted the PAC (Pension Advisory Committee) had requested information regarding the State report on City spray technician
procedures. The PAC also had requested a report regarding Mr. Ford’s previous Worker’s Compensation claims. In response to a question, Ms. Ford indicated staff had sent Mr. Ford’s
attorney an application to amend his pension. It has not been returned.
In Member Greer’s October 9, 1997, memorandum regarding Rule 4-1.7, she requested a legal opinion to address her concern that Assistant City Attorney Leslie Dougall-Sides may have a
conflict of interest as she owes a fiduciary duty to the PAC while the City pays her salary. The City Attorney will respond.
It was questioned if the City had responded to Don McMullen’s request for the PAC to identify from a list, positions that would not interfere with his qualification to receive disability
benefits. It was noted the PAC is not required to base decisions on hypothetical situations. Concern was expressed the City stay apprised of Mr. McMullen’s employment activities.
ITEM #6 - Director's Reports
The next PAC meeting is scheduled for November 13, 1997.
ITEM #7 - Adjournment
The meeting adjourned at 9:21 a.m.