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03/26/1999PENSION ADVISORY COMMITTEE & PENSION TRUSTEES JOINT MEETING CITY OF CLEARWATER March 26, 1999 Present: Brian Aungst Mayor/Pension Trustee/PAC Member J. B. Johnson Pension Trustee/PAC Vice Chair - arrived 10:37 a.m. Robert Clark Pension Trustee Ed Hooper Pension Trustee Pat Greer PAC Member Pat Shepler PAC Member – arrived 10:22 a.m. Absent: Ed Hart Pension Trustee/PAC Member Dick Fitzgerald PAC Member John Scacca PAC Member Also Present: Pam Akin City Attorney Margie Simmons Financial Services Administrator Patricia O. Sullivan Board Reporter The Mayor called the Pension Trustees meeting to order at 10:15 a.m. at City Hall. The Pension Advisory Committee Vice Chair called the Pension Advisory Committee meeting to order at 10:49 a.m. at City Hall after a quorum was reached. ITEM #1 - Presentations Christiansen & Dehner, P.A. H. Lee Dehner, President of Chritiansen and Dehner, P.A., reviewed his firm and staff’s background, experience, philosophy, and presumed responsibilities. He said the firm also would represent the Board of Trustees and Pension Advisory Committee (PAC) in legal matters. He stated the firm has never had a client sued during its 20-year history. In response to a question, Mr. Dehner said he had worked with the City previously on a State compliance issue. He said the employee union originally had retained his firm, though he said his firm does not handle labor law. He said his firm had declined to draft the current Pension Plan out of concern of a potential conflict of interest. Mr. Dehmer reviewed impacts of the new law related to firefighter and police officer pensions and reviewed minor concerns he has with the current plan. In response to a question, he said incremental increases would be incorporated into the general pension fund, not the supplemental plans, to support recent changes in the law. In response to a question, he said the Pension Plan could be amended to allow options such as a drop plan. He reviewed his firm’s fees, indicating the firm rarely charges for research. He and his partner, Scott Christiansen, would represent the PAC and Pension Trustees, interchangeably. Cypen & Cypen Stephen H. Cypen, of Cypen & Cypen, reviewed his and his firm’s background and experience. He said his firm does not represent other interests such as unions or employee groups. He distributed copies of his firm’s newsletter including a supplement reviewing the new law. The newsletter is available on the firm’s Internet site, which includes a search engine to locate archived information. His firm quoted an hourly rate, as it was unable to identify time requirements. He can arrive from Miami in Tampa by 8:00 a.m., and estimated his travel time at 2 hours in each direction. He noted the importance of minutes accuracy. He suggested conference calls to save money. In response to a question, Mr. Cypen said out of pocket costs are charged at their actual rates. The firm accepts incoming calls toll free but charges for long distance calls, plane tickets, and outgoing faxes, at a rate of $15 - $20 per transmission. He said he could determine a flat rate within a year. It was suggested it may not be necessary for the board attorney to attend meetings that do not address special issues. To avoid potential problems, Mr. Cypen recommended the board attorney attend all meetings, at least via conference call. Kalish & Ward Alton Ward, of Kalish & Ward, reviewed the background of his firm and staff, noting the firm represents the private and public sectors. The firm employs seven full-time pension attorneys. The firm does not handle litigation but would work closely with City attorneys on all litigation issues. He said the firm charges an hourly rate. Kelley Bosecker, of Kalish & Ward, is the firm’s partner who has been handling the City’s account. Hourly rates can be discounted, depending on volume. Ms. Bosecker reviewed her background, including her legislative efforts. She said Kalish & Ward had prepared the draft for the current Pension Plan and reviewed her background working with the City Attorney. She said the firm has up to date technologies. In response to a question, she said travel time charges can be negotiated. ITEM #2 - Discussion Concern was expressed regarding problems related to the Pension Plan document prepared by Kalish & Ward. Disappointment was expressed Kalish & Ward does not handle litigation. A review of out of pocket expenses charged by each firm was requested. Copies of firm references were requested. In response to a question, the City Attorney said she can forward any Trustee questions to the applicants. PAC Member Shepler moved to recommend the Pension Trustees appoint the firm of Christiansen & Dehner, P.A., as attorney to the Pension Advisory Committee and the Pension Trustee Board. The motion was duly seconded and carried unanimously. Pension Trustee Hooper moved to accept the proposals, to provide a tape of the meeting to Pension Trustee/PAC member Hart for review, and to consider the PAC’s recommendation at the April 12,1999, Pension Trustees meeting. The motion was duly seconded and carried unanimously. ITEM #3 - Adjournment The Pension Advisory Committee meeting and Pension Trustees meeting adjourned at 11:25 a.m.