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12/09/1999PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER December 9, 1999 Present: Brian Aungst Chair/Mayor J. B. Johnson Vice Chair/Commissioner Pat Greer Committee Member Dick Fitzgerald Committee Member Ed Hart Committee Member/Commissioner John Schmalzbauer Committee Member Also Present: Paul O’Rourke Human Resources Administrator Margie Simmons Financial Services Administrator Lee Dehner Pension Advisory Committee Attorney Debbie Ford Administrative Analyst Brenda Moses Board Reporter Absent: Pat Shepler Committee Member 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 In reference to Page Item 5a of the minutes of November 9, 1999, it was noted that questions remain regarding issues related to former employee Darold Brink. Consensus was that the minutes correctly reflect issues discussed. Member Johnson moved to approve the minutes of the regular meeting of November 9, 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 – None. ITEM 4 - Action Items a) Review and Action on Employee Requests to Waive Vested Pension Rights: 1. James McCulley, – Clearwater Gas System James McCulley resigned his position on January 3, 1999, but withdrew his resignation within 6 months, and returned to a position with the Clearwater Gas System. Since Mr. McCulley is in the Pension Plan, it is necessary for him to waive his vested pension. His original pension date will be adjusted by the number of days he was gone. Member Greer moved to approve the request by James McCulley to waive his vested Pension rights. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Pension Plan Members As of December 2, 1999, the City had 1,675.1 FTEs and 1,778.8 budgeted positions. Frank Calabrese was hired as permanent part-time on March 3, 1998, and changed to full-time and pension eligible on November 20, 1999. Member Johnson moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date Pierre Maajoun, Police Cadet Police Department 08/02/99 08/02/99 Kevin Matthews, Police Cadet Police Department 08/02/99 08/02/99 Janene Crosby, Customer Svc. Rep. Customer Service 10/27/99 10/27/99 Al Basone, Public Service Technician I Public Works 11/08/99 11/08/99 Karen Keegan, Staff Assistant I Fire Department 11/06/99 11/06/99 Donald Packer, Public Service Technician I Public Works 11/08/99 11/08/99 Elliot Shoberg, Engineer II Public Works. 11/08/99 11/08/99 Markus Morgan, Maintenance Worker I Solid Waste 11/06/99 11/06/99 Salvino Terranova, Custodial Worker Library. 10/25/99 10/25/99 Jennifer Bruty, TV Production Specialist Public Comm/Mktg 09/13/99 09/13/99 Gina L. Clayton-Gomshe, Senior Planner Planning & Dev Svcs 11/10/99 11/10/99 Judy Shipley, Gas Sales Representative Gas 11/06/99 11/06/99 Guadalupe Newell, Gas Sales Associate Gas 11/06/99 11/06/99 Tamijo Watson, Gas Sales Representative Gas 11/06/99 11/06/99 Roger Harris, Gas Sales Representative Gas 11/06/99 11/06/99 William Clark, Gas Sales Representative Gas 11/06/99 11/06/99 James McCulley, Jr., Gas Sales Rep. Gas 11/06/99 11/06/99 Alphonso Brooks, Parks Service Tech I Parks & Recreation 11/08/99 11/08/99 Morgan Trapnell, Police Comm. Operator Police Department 10/23/99 10/23/99 Frank Calabrese Recreation Programmer Parks & Recreation 03/30/98 11/20/99 Elizabeth Pease, Aquatics Leader Parks & Recreation 11/20/99 11/20/99 Richard Sheppard, Police Comm. Operator Police Department 11/22/99 11/22/99 Harold Sanders, Maintenance Worker I Solid Waste 11/22/99 11/22/99 Michael Schloff, Parks Service Tech I Parks & Recreation 11/22/99 11/22/99 Jason Rollins, Public Service Technician I Public Works 11/22/99 11/22/99 Sandra Clayton, Recreation Prog Coord Parks & Recreation 11/22/99 11/22/99 The motion was duly seconded and carried unanimously. ITEM 5 - Pending/New Business Teresa Finch – withdrawal of Resignation and Vested Pension Mr. O’Rourke said Ms. Finch had tendered her resignation but never actually left before the resignation date. b) Beneficiary Changes Mr. O’Rourke said beneficiary changes will be brought to the PAC and the Trustees in the near future. c) Employees Classified as Part-time Working full-time hours Human Resources Administrator Paul O’Rourke said the CWA (Communications Workers of America) bargaining unit had expressed concern employees may have worked a full-time while classified as part-time, and are entitled to pension benefits under the collective bargaining agreement. The previous CWA contract through September 1997, stipulated that part-time employees were entitled to full-time benefits. Darold Brink’s case, while classified as part-time for 17 months, had worked 2080 hours in a 12-month period, entitling him to full-time benefits. Under a collective bargaining agreement, Florida law provides for a 5-year statute of limitations. Human Resources will distribute a memorandum to all employees indicating part-time employees who have worked full time hours during a 12-month period may be entitled to pension benefits. The CWA has agreed to this standard. Mr. O’Rourke said the other issue relates to benefits provided full-time employment such as health insurance, life insurance, vacation, sick leave, and uniform allowance. Under the previous CWA agreement, part-time employees may have been entitled to medical benefits they did not receive. Legal staff has some concerns regarding this issue and recommends not soliciting employees regarding this benefit as a grievance process exists for such claims. In her November 30, 1999, memorandum, Assistant City Attorney Leslie Dougall-Sides advised against embarking on a retroactive benefit analysis and awards for permanent part-time employees who may have worked extra hours. She recommended the City respond to litigation should it be initiated. She felt that no current or former employees can claim full-time employment benefits not received. Mr. O’Rourke did not have information regarding related to part-time employees who work full-time receive medical benefits. Part-time employees are informed that they are entitled to sick time and vacation accrual only. He said up to the early 1980s it was not uncommon to hire permanent part-time employees and require them to work full-time without related benefits. It was remarked private sector businesses allow part-time employees to work full-time hours for a limited time. Once the limit is reached, the business is required to provide part-time employees with benefits. Mr. O’Rourke said no mandate requires the City to provide benefits. Benefits are negotiated between the unions and the City. Mr. O’Rourke said pension and non-pension related issues differ. Pension Advisory Committee Attorney Lee Dehner will provide a legal opinion during future discussion. ITEM 6 - Director's Reports The next meeting is scheduled for January 13, 2000, at 9:00 a.m. ITEM 7 - Committee Members to be Heard Member Schmalzbauer said he once again did not receive an agenda packet. Member Fitzgerald requested staff determine the growth in employment rate during the last 5 years. Mr. O’Rourke said chances are the budgeted personnel will not be attained due to financial constraints. Mayor Aungst requested the data include the highest level of staffing last year. He also questioned the reason for this year’s increases for the Fire Department, etc. Member Johnson said this is the last meeting of the Century and wished everyone a Merry Christmas and a Happy, prosperous and healthy New Year. ITEM 8 - Adjournment The meeting adjourned at 9:23 a.m.