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06/17/1999PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER June 17, 1999 Present: Brian Aungst Chair/Mayor J. B. Johnson Vice Chair/Commissioner Pat Greer Committee Member Pat Shepler Committee Member John Scacca Committee Member Dick Fitzgerald Committee Member Ed Hart Committee Member/Commissioner Also Present: Leslie Dougall-Sides Assistant City Attorney Scott Christiansen Pension Advisory Committee Attorney Rick Ebelke Human Resources Assistant Director Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 1:33 p.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 Johnson moved to approve the minutes of the joint meeting with the Pension Trustees of March 26, 1999, and the regular meeting of May 13, 1999, 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 Senior Accountant Pat Buzek expressed concern the Pension Plan discriminates against employees who are older than 45 when hired. ITEM #4 - Action Items a) Review and Action on Employee Requests for Years of Service Pensions: 1. William H. Weller – Police Officer, Police Department Member Johnson moved to approve a Years of Service Pension for William H. Weller. The motion was duly seconded and carried unanimously. b) Review and Action on Requests for Survivor’s Pensions 1. Jacqueline Pedley, widow of James Pedley - General Support Services Member Greer moved to approve a Survivor’s Pension for James Pedley. The motion was duly seconded and carried unanimously. c) Approval of New Hires as Pension Plan Members It was requested staff continue reporting changes to employee status for those who move from part-time to full-time positions. As of June 7, 1999, the City has 1,645.4 FTEs and 1,750 budgeted positions. Member Greer moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date Jarred Stiff, Police Aide Police Department 03/01/99 04/24/99 Steve Ussery, Tree Trimmer Public Works 05/22/99 05/22/99 Shoba Sridaran, System Analyst Prog. General Support Svcs. 05/24/99 05/24/99 Florence Reichert, Accounting Clerk Planning & Dev. Svcs. 06/01/99 06/01/99 Randy C. Higgins, Sol Waste Equip. Oper Solid Waste Department 05/24/99 05/24/99 The motion was duly seconded and carried unanimously. ITEM #5 - Pending/New Business a) Lester Rent – Hearing for Job-connected Disability Pension Jeffrey Lebo, representative, said Lester Rent has requested a job-connected disability based on the injury to Mr. Rent's right knee on October 21, 1996. He said Mr. Rent has met all requirements. The injury occurred at work and the disability is permanent. He said Mr. Rent's attempts to perform other work for the City have not been successful. He said Mr. Rent's condition is worsening as further degeneration of his knee occurs. Assistant City Attorney Leslie Dougall-Sides said the Pension Plan requires job-connected disability claims be denied for injured employees who are able to perform useful and meaningful work for the City. The Human Resources Department has determined Mr. Rent is qualified or can be trained to perform other positions. Mr. Rent has been rotated out of an alternate position due to bad attitude and behavior problems unrelated to his disability. Worker's Compensation rated his disability at 12%. Medical evidence indicates Mr. Rent cannot climb stairs repeatedly or walk for more than 4 hours. As he has passed the Accounting Clerk test and is able to perform meaningful work, Ms. Dougall-Sides said his request does not meet Pension Plan rules. Mr. Rent reviewed his 25-year employment history with the City. Before his injury, he had performed physical work, which required him to stand and walk for 8 hours. He said laser surgery to his eyes in 1993 treated an aneurysm. He has limited peripheral vision and wears special glasses to limit the strobe-like affect caused by fluorescent light. Mr. Rent said prior to his on-the-job injury, he was active and able to perform his job. He was injured when walking up an incline at the water treatment plant. On December 9, 1996, John Fraser, M.D. performed an arthroscopy on his right knee and noted a torn medial meniscus. On June 10, 1997, Jeffrey L. Tedder M.D. performed an arthroscopic procedure on his right knee to treat a residual medial meniscus tear. Mr. Rent said he received physical therapy until May 3, 1999. He said he no longer can work at the water treatment plant due to the large number of stairs there. He said the golf cart the City provided does not help him climb stairs. He said he fell and injured himself recently when climbing off the golf cart and when painting a tank. Mr. Rent said he has attempted to fill other jobs and had felt he was performing well in a Finance position until sexual harassment and weapons charges were filed against him. He said the lighting in the room had a negative affect on his job performance. His current position as a painter requires him to move too much. In response to a question, he said his disability request is based on the injury to his knee, not his eyes. Ms Dougall-Sides introduced City Exhibits related to Mr. Rent's request for a Job-Connected Disability Pension: 1) application for Disability Pension (Exhibit #1); 2) interrogatories to applicant (Exhibit #2); 3) first report of injury or illness - incident date - October 21, 1996 (Exhibit #3); 4) related history, prepared by Human Resources Manager Cynthia Bender - May 1999 (Exhibit #4); 5) medical & operative reports - December 1996 - March 1999, Doctors Fraser, Tedder, Florida Spine Institute, et al (Exhibit #5); 6) Morton Plant Mease Functional Capacity Evaluation - November 1, 1997 (Exhibit #6); 7) HealthSouth Work Capacities Assessment Report - November 6, 1998 (Exhibit #7); 8) Milton C Cason's December 22, 1997, memorandum to Mark Poteet regarding Mr. Rent's light duty performance at Clearwater Gas System (Exhibit #8); 9) Scott Shuford's January 29, 1997, memorandum to Ken Gilmore regarding a commendation for Mr. Rent, Operator Class C (Exhibit #9); 10) Jon Marcin's December 15, 1998, letter to Jeffrey Tedder, M.D. (Exhibit #10); 11) job duties information for A Side and B Side WWTP (Wastewater Treatment Plant) Operator positions (Exhibit #11); 12) IME (Independent Medical Examination) Report, Orthopedic Associates - May 26, 1999 (Exhibit #12); 13) job descriptions - Accounting Clerk; Custodial Worker; Service Dispatcher; Maintenance Worker I; Marine Facility Operator; Library Assistant; Parking Attendant; Police Communications Operator Trainee; Police Service Technician (Exhibit #13); and 14) affidavit of Risk Management Specialist Jon Marcin (Exhibit #14). In his October 16, 1997, Worker's Compensation IME report, Andrew C. Maser, D.O. reported Mr. Rent seems more suitable to sedentary work that requires no stair climbing. With proper technique, the doctor indicated Mr. Rent. could lift in the medium capacity range. Dr. Maser recommended Mr. Rent not do work that requires him to get down on the floor or pick up objects from the floor and place them on overhead shelves. In his April 27, 1999, follow-up letter, Dr. Maser stated Mr. Rent would have to be retrained for a more sedentary job or any other job that does not require significant stair climbing. In his May 20, 1999, IME report, Harry Steinman, M.D. reported Mr. Rent should be restricted to light duty where he lifts no more than 35 pounds, walks to no more than 4 hours a day, does not climb on ladders and avoids stair climbing. Human Resources Manager Cindy Bender reviewed the responsibilities of the City's Care Team, which evaluates employees, who can no longer perform their job duties due to no fault of their own, and finds them other work. Mr. Rent completed a Work Capacities Assessment at HealthSouth on November 6, 1998. The report indicated Mr. Rent was functionally capable of returning to work as a plant operator with the exception of stair climbing. The City then assigned Mr. Rent to an Accounting Technician position for the Gas System. He began taking employment tests. When the Gas System position was concluded, he was transferred to a light duty position in the Engineering Department's office. Mr. Rent also was assigned as a Marine Facility Operator at the Pier 60 bait house for non-traditional shift work. Although reluctant, Mr. Rent worked at the position for one day and was reassigned after he complained about pain to his knee. Vocational testing at SPJC (St. Petersburg Junior College) demonstrated Mr. Rent’s aptitude and interest in accounting and engineering work. In January 1998, Mr. Rent passed the Accounting Technician test. Mr. Marcin said staff had arranged for Mr. Rent to take worker's compensation paid courses at SPJC, including computer and keyboarding skills and accounting. He was placed in a temporary position in the Finance Department, to be trained and transferred to a permanent job. When Mr. Rent had difficulty with an accounting class, an in-house mentor worked with him to pass the course and helped him with his job duties. After 3 months in the Finance Department position, Mr. Rent was reassigned to the Engineering Department while Human Relations investigated a sexual harassment complaint brought against him by a female employee. Mr. Rent did not appeal the resulting one-day suspension (decision-making leave day), which is the final disciplinary step before termination. Mr. Rent completed a Functional Capacity Test at Morton Plant Mease Hospital on November 1, 1997, when he no longer used a cane to walk. The test concluded Mr. Rent is able to work at jobs rated light to light medium. Staff continued to search for alternative job assignments. Mr. Rent currently is assigned to light duty at the water treatment plant. Ms. Bender reviewed positions staff feels Mr. Rent can perform successfully, Accounting Clerk, Custodial Worker, Library Assistant, Maintenance Worker I, Marine Facility Operator, Parking Attendant, Police Communication Trainee, Service Dispatcher, and PST (Police Service Technician). The City has current vacancies for PST, Custodial Worker, and Marine Facility Operator positions. Ms. Bender submitted a summary of staff efforts to assist Mr. Rent. (City Exhibit #4) In response to a question from Mr. Lebo, Ms. Bender said while Mr. Rent had performed physical labor for 22 years, he also had exhibited problem-solving skills at his plant position. When Mr. Lebo suggested the behavior of physical laborers differs from that of office workers, Ms. Bender replied that vulgar language is not appropriate in either setting. Mr. Lebo said Mr. Rent had shown good faith in trying to meet the work requirement but the City had not found him a position he could perform successfully. Financial Services Administrator Margie Simmons reviewed Mr. Rent's performance in the Finance Department. His supervisor had indicated he was learning the job and felt he could be successful. Ms. Simmons stated Mr. Rent had told her he could not believe the City was putting him through this aggravation instead of approving his disability pension. In response to a question from Mr. Lebo, Ms. Simmons said Mr. Rent was punctual but had conflicts with other employees. Mr. Rent said his Gas System position had nothing to do with financial statements. He said he also had installed and removed signs around the City. He said his knee had swollen after working one day at Pier 60, as he had no place to sit. He said employees ridicule him when he paints, sitting in a chair. He said he had performed a physically active position for 22 years before his injury, which causes his knee to throb at all times. He said he cannot work when taking prescribed pain medication. Mr. Lebo said Mr. Rent had met his burden, proving he qualifies for a disability pension. The injury to his knee is permanent. Mr. Lebo said few of Mr. Rent's job skills as a physical laborer are transferable. He said it would be unfair to deny the request after Mr. Rent's 25 years of service. Ms. Dougall-Sides said the applicant has not met his burden of proof. The IME indicates Mr. Rent's disability is limited to his inability to climb stairs or walk distances. She noted Jeffrey L. Tedder, M.D. had reported Mr. Rent needs to be trained for an alternative job or be allowed to retire. She said no medical evidence was presented that indicates Mr. Rent qualifies for a job-connected disability pension. The cost for the City to add lifts to the water treatment plant to accommodate Mr. Rent's injury was estimated to be as high as $36,000 and found to be too expensive. Ms. Dougall-Sides said Mr. Rent is capable of performing meaningful employment for the City. In response to a question, Ms. Dougall-Sides said Mr. Rent qualifies for retirement after 30 years of service. In response to a question, Mr. Rent said his right knee had not been injured prior to the 1996 accident. In response to a question, Pension Advisory Committee Attorney Scott Christiansen stated Mr. Rent cannot be required to have surgery to improve his knee. It was noted Mr. Rent's salary had not been reduced since his injury. It was felt all City positions require dealing with people. In response to a question, Mr. Rent said knee braces were not helpful. Trustee Hart moved to deny Lester Rent’s request for a job-connected disability pension. The motion was duly seconded and carried unanimously. b) Louis G. Nemeth – Hearing for Non-job-connected Disability Pension Member Johnson moved that Louis G. Nemeth be granted a Non-Job-Connected Disability Pension effective on a date to be determined based on Mr. Nemeth’s disability which is described as throat cancer; this problem making him permanently unable to perform his job and documented by numerous medical statements of Robert F. Geisler, M.D., Eric Haynes, M.D., and Joseph M. DeFelice, M.D., IME physician, with accompanying dates of all the doctor visits and fitness for duty evaluations at Lakeside Occupational Medical on May 18, 1999, and Professional Psychological Services on May 27, 1999. The motion was duly seconded and carried unanimously. c) Glenn Weaver AND d) Georgette Summarell AND e) Camille Motley AND f) James Kleinsorge Concern was expressed approving pension buybacks for less than the actuarial amount outlined in the Code will harm the Pension Plan. Trustee Greer moved to rescind the PAC (Pension Advisory Committee) recommendation to the Pension Trustees to allow David Krieger and Leonard Marotta to purchase buybacks for reduced rates in violation of Pension Plan rules. The motion was duly seconded. Andra Dreyfus, representative for David Krieger, Leonard Marotta, Glenn Weaver, Georgette Summarell, Camille Motley, Kenneth Donagan, and James Kleinsorge, objected to the motion. It was stated approvals for buy backs at reduced rates violate the rules of the Pension Plan. It was indicated the only special condition related to these requests is financial. Ms. Dreyfus said it was inappropriate to consider the buy backs of Messrs. Krieger and Marotta at this time as the Pension Trustees have agendaed the case for discussion at today's meeting. In response to a comment, it was indicated the Pension Trustees had never voted on a failed motion to return the issue to the PAC. Upon the vote being taken, the motion carried unanimously. Trustee Greer moved to recommend the Pension Trustees not consider any buy back requests that do not meet the rules of the Pension Plan. The motion was duly seconded. It was stated unless the plan is changed, the boards must meet their fiduciary responsibility to the plan. In response to a question, Mr. Christiansen said the Plan’s two-year buy back window could be extended without harming the plan. Ms. Dreyfus stated the PAC had not heard evidence related to claims by several employees. Mr. Christiansen stated buy backs were not permitted before 1996, when the subject employees' breaks in service had occurred. The 2-year window, opened in 1996 to permit buy backs, has expired. Ms. Dreyfus said a buy-back procedure has been in motion for several months. It was felt these requests are based on the desire to lower the buy back rate. Upon the vote being taken, the motion carried unanimously. In response to a comment, Ms. Dougall-Sides referred to the minutes of the April 8, 1999, PAC meeting, indicating she had reviewed the Plan's rules for buy-back rates. It was recommended inconsistencies related to Pension Plan death benefits be reviewed. Early Retirement Issue – Continued to July 14, 1999. ITEM #6 - Director's Reports The Board Reporter was informed later that the next meeting is scheduled for July 14, 1999, at 2:00 p.m. ITEM #7 - Board Members to be Heard Trustee Greer said it would be unfair to judge Mr. Christiansen's attendance based on the scheduling of a last minute meeting. Mr. Christiansen requested a discussion of new State legislation be agendaed for July. It was requested related language be distributed prior to the meeting. ITEM #8 - Adjournment The meeting adjourned at 3:23 p.m.