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01/08/1998PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER January 8, 1998 Present: Rita Garvey Chair/Mayor J. B. Johnson Vice Chair/Commissioner Pat Greer Committee Member Pat Shepler Committee Member Dick Fitzgerald Committee Member John Scacca Committee Member - arrived 9:04 a.m. Leslie Dougall-Sides Assistant City Attorney Steve Rosenthal Interim Human Resources Director Debbie Ford Human Resources Technician Patricia O. Sullivan Board Reporter Absent: 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 Member Greer moved to approve the minutes of the regular meeting of December 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 Firefighter Fred Maier questioned the status of the issue he had addressed before the PAC (Pension Advisory Committee) on November 13, 1997. He had expressed concern fully vested employees who die prior to retirement have no pension entitlement options and all resulting estates are assigned Option #1. Assistant City Attorney Leslie Dougall-Sides said the Legal Department had prepared a memorandum as requested by the PAC. The City Manager’s Office then indicated a wish to investigate the matter further. The issue will be agendaed for February 12, 1998. It was recommended employees who address concerns before the PAC be apprised of progress on their requests. ITEM #4 - Action Items a) Review and Action on Employee Requests for Years of Service Pension 1) George Tucker - Groundskeeper II, Parks & Recreation Department 2) Jessie L. Bell - Traffic Sign & Marking Technician, Public Works Department 3) Joseph Arecco - Public Services Supervisor II, Public Works Department Member Fitzgerald moved to approve a Years of Service Pension for George Tucker, Jessie L. Bell, and Joseph Arecco. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Pension Plan Members Member Johnson moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date. Reina Carbajal, Library Assistant I Library 10/01/91 11/24/97 Jennifer Gross, Info Mgmt Specialist Information Management 12/01/97 12/01/97 Agustin Menchaca, Aquatics Leader Parks & Recreation Dept. 12/08/97 12/08/97 Philip Ruppel, WWTP Operator C Public Works Department 12/22/97 12/22/97 Ms. Carbajal originally was hired on October 1, 1991, as a part-time employee; changed to permanent full-time on November 24, 1997. The motion was duly seconded and carried unanimously. ITEM #5 - Pending/New Business a) Lester Rent - Hearing on Application for Job-Connected Disability Pension On August 25, 1997, Lester Rent, WWTP Operator C in Engineering/Water Pollution Control, applied for a job-connected disability pension due to the October 21, 1996, injury to his right knee. Mr. Rent has completed a Functional Capacity Evaluation and IME (Independent Medical Examination) and the set of interrogatories prepared by the Legal Department. Staff worked to place him in another position. His resignation is effective upon approval of his Pension application. Interim Human Resources Director Steve Rosenthal reported Mr. Rent had passed the Accounting Clerk I test. Today’s hearing is not necessary as the Human Resources Department has located a position for Mr. Rent in the Public Works Department. The position resulted from department reorganization and will last through October 1998. Mr. Rosenthal said the match is good and noted the difficulty in matching a department’s needs with an employee’s skills. In response to a question, he said Mr. Rent will have no loss of pay. Ms. Dougall-Sides recommended the PAC take action regarding this issue. Mr. Rent said he is willing to be retrained. He expressed concern regarding his family’s future as the proposed job ends October 1, 1998. In response to a question, Mr. Rosenthal said there is a good chance a long term job will become available in Public Works but nothing is guaranteed. The department is unsure of its needs and budget. Concern was expressed for Mr. Rent’s apprehension regarding this new process. It was suggested Mr. Rent’s application be continued so he is not required to repeat the application process. It was felt the City should assure Mr. Rent he will not be “abandoned.” Mr. Rosenthal will provide the PAC with an update of all light duty employees who may apply for future Job-Connected Disability Pensions. It was felt it is important that employees like the work the City requires them to perform. It was noted career transitions can be difficult. In response to a question, Ms. Dougall-Sides said ADA (Americans with Disabilities Act) does not cover disabled employees who request alternative placement. Mr. Rosenthal noted some employees on light duty do feel frustrations as they are not always provided adequate direction. It was recommended a tickle system be established for routine review of openings. Mr. Rosenthal indicated a staff member is keeping tabs of this issue. Concern was expressed that Mr. Rent not experience a gap in pay. Mr. Rent indicated he likes working for the City. Commissioner Johnson moved to continue Lester Rent’s Application for Job-Connected Disability Pension for PAC review on August 13, 1998. The motion was duly seconded and carried unanimously. ITEM #6 - Director's Reports a) James Cheatum - Application for Job-Connected Disability Pension - Hearing Date Human Resources Technician Debbie Ford said Mr. Cheatum, a Solid Waste Department employee, had fallen into the transfer station pit in August 1996, and injured his leg and back. He had applied for a Job-Connected Disability Pension in October 1997. Risk Management Specialist/Workers Compensation Jon Marcin reported Mr. Cheatum’s injuries met Worker’s Compensation standards as permanent and total. He is unable to work in any occupation. Ms. Ford said the Legal Department had prepared interrogatories for Mr. Cheatum and the Human Resources Department had scheduled him for a Functional Capacity Evaluation and IME. In response to a question, Mr. Marcin said, if approved, Mr. Cheatum will receive a combination of Disability Pension and Workers’ Compensation to equal 100% of his salary for the rest of his life. Ms. Dougall-Sides indicated the PAC needs to determine if Mr. Cheatum is disabled under the Pension Plan law. Materials regarding this case are available at the Human Resources Department for review. In response to a question, Mr. Marcin said Mr. Cheatum is being compensated through Workers’ Compensation. He has benefits remaining and continues to receive his full salary. Consensus of the PAC was to schedule a Hearing Date for James Cheatum’s application for Job-Connected Disability Pension for February 12, 1998. The Mayor reported she will be out of town on February 12, 1998. The next PAC meeting is scheduled for February 12, 1998. ITEM #7 - Adjournment The meeting adjourned at 9:35 a.m.