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02/10/2000PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER February 10, 2000 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: Leslie Dougall-Sides Assistant City Attorney Paul O’Rourke Human Resources Administrator Margie Simmons Financial Services Administrator Lee Dehner Pension Advisory Committee Attorney Debbie Ford Administrative Analyst Patricia O. Sullivan Board Reporter Absent: Pat Shepler Committee Member The Chair called the meeting to order at 9:05 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 January 13, 2000, 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 for Years of Service Pensions: 1. John T. Neenan, Gas Assistant Director/Supply and Reg. – Gas 2. David B. Bennett, Firefighter Driver Operator – Fire Department Member Greer moved to approve employee requests to Years of Service Pensions for John T. Neenan and David B. Bennett. The motion was duly seconded and carried unanimously. b) Review and Action on Employee Requests to Vest Pensions: 1. Louis R. Hilton, Senior Planner – Economic Development Louis R. Hilton has resigned his position after being employed by the City for more than 16 years. He will qualify to receive his pension beginning June 1, 2007. AND 2. Jose A. Reid, Police Officer – Police Department Jose A. Reid has resigned his position after being employed by the City for more than 11 years. He will qualify to receive his pension beginning December 1, 2008. AND 3. Freddie Cantrell, Jr., Solid Waste Equipment Operator – Solid Waste Department Freddie Cantrell, Jr. has resigned his position after being employed by the City for more than 19 years. He will qualify to receive his pension beginning November 1, 2010. Member Fitzgerald moved to approve the requests by Louis R. Hilton, Jose A. Reid, and Freddie Cantrell, Jr. to vest their Pensions. The motion was duly seconded and carried unanimously. c) Approval of New Hires as Pension Plan Members As of February 3, 2000, the City had 1,687.1 FTEs and 1,778.8 budgeted positions. Gail Beall was hired as temporary on March 22, 1999, and transferred to full-time and pension eligible on October 11, 1999. It was requested staff also report on the number of personnel who have quit or retired during the previous month. Human Resources Administrator Paul O’Rourke indicated the City has 94.9% of its positions filled and approximately 80 openings. Member Greer moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date Gail Beall, Staff Assistant I Marine Department 03/22/99 10/11/99 David Weitzel, Parks Service Technician I Parks & Recreation 01/03/00 01/03/00 Leo Mazzullo, Maintenance Worker II General Support Svc 01/03/00 01/03/00 Virginia Schulz, WWTP Operator B Public Works 01/03/00 01/03/00 Milisa Schnatterer, Accounting Clerk Gas 01/03/00 01/03/00 Michael Fitzgerald, WWTP Operator A Public Works 01/18/00 01/18/00 Cynthia Kibby, Librarian I Library 01/18/00 01/18/00 Rodney Hoskins, Parks Svc. Technician I Parks & Recreation 01/18/00 01/18/00 Kim Farrell, Assoc. Customer Svc. Rep. Customer Service 01/18/00 01/18/00 Amy White, Police Cadet Police Department 01/18/00 01/18/00 Rafael Navarro, Police Cadet Police Department 01/18/00 01/18/00 The motion was duly seconded and carried unanimously. ITEM #5 - Pending/New Business a) Francis Wilson – Hearing for Job-Connected Disability Request On December 19, 1997, Francis Wilson fell from the Pier 60 Pavilion roof and fractured his back. Clinton Davis, M.D. performed two surgeries on Mr. Wilson in 1998. John R. Delaney, M.D. diagnosed Mr. Wilson with major depression in April 1999. John M. Leavengood, M.D., neurologist, evaluated him in May 1999. On July 12, 1999, Dr. Davis indicated Mr. Wilson had reached MMI and was able to work in a sedentary type job. On October 13, 1999, Mr. Wilson filed an application for a job-connected disability pension. On September 10, 1999, Scott Webb, M.D. performed an IME (Independent Medical Evaluation) and found Mr. Wilson to be permanently disabled from his job as a Tradesworker but able to perform sedentary work. Morton Plant Rehab’s functional capacity evaluation also concluded he could do sedentary work. If approved, Mr. Wilson will receive 100% of his monthly wage, to be paid two-thirds by Worker’s Compensation and one-third by the Pension Plan. Mr. O’Rourke said the City will not contest this request for a job-connected disability pension. In response to a question, Risk Management Specialist Jon Marcin said Mr. Wilson will receive lifetime worker’s compensation benefits due to his permanent and total status. Mr. Wilson’s condition is not anticipated to improve. Mr. O’Rourke said when Mr. Wilson worked part time in alternate employment, he suffered excruciating pain. His supervisors were pleased with his efforts. Mr. O’Rourke reported 91 job-connected disability pensions were granted between 1991 and 1995, but only one has been granted since January 1996, when the Plan was changed. In response to a question, Mr. Marcin said the City has filed a claim with the Federal government related to Mr. Wilson’s pre-existing military service disability. Member Fitzgerald moved that Francis Wilson be granted a Job-Connected Disability Pension effective on a date to be determined, based on Mr. Wilson’s disability that resulted from on-the-job circumstances which is described as a fractured back; this injury making him permanently unable to perform his job and documented by numerous medical statements of Steven G. Epstein, M.D., Floyd Pettycrew, M.D., Clinton B. Davis, M.D., John R. Delaney, M.D., John M. Leavengood, M.D., Brett Bohlhofner M.D., and Scott Webb, M.D., IME (Independent Medical Exam) physician, with accompanying dates of all the doctor visits. The motion was duly seconded and carried unanimously. b) Darold Brink – Request for Pension Service Credit On June 8, 1983, the City hired Darold Brink as a part-time Marine Attendant III. Until November 19, 1984, when Mr. Brink’s classification was changed to full-time, he worked full-time for the Marine Department while classified part-time. Staff review of his personnel records have determined Mr. Brink was classified improperly. Mr. Brink did not contribute to the Pension until his status was changed to full-time. He has requested pension service credit for June 8, 1983, to November 19, 1984. In November, the PAC (Pension Advisory Committee) had determined Mr. Brink should be credited for this time as long as he contributes $1,584.02, plus 5% interest to the plan. PAC Attorney Lee Dehner’s written legal opinion concurs with PAC’s recommendation. Mr. O’Rourke said requests for non-pension benefits are regulated by a 5-year statutory limitation. Only the City Manager could choose to reopen that issue if egregious harm had occurred. The effective CWA contract expired in 1997. It was requested staff survey all employees to determine the total cost of approving this type of Pension service credit. Mr. O’Rourke said the established threshold requires a worker, classified as part-time, to have worked full-time for 12 consecutive months, or accumulated 2,080 hours for 40-hour/week staff and 1,950 hours for 37.5-hour staff. Mr. O’Rourke said a memorandum has been prepared and will be distributed next week. It may take several months to gather this information. While staff can establish a suspense date, Mr. Dehner said the board cannot strictly enforce a deadline. It would be to the employee’s benefit to come forward now. It was recommended this item be tabled until requested information has been gathered and reported. Mr. O’Rourke stated the City is obligated to correct its mistakes and had reaffirmed that commitment in the union contract. In response to a question, he estimated the CWA represents 860 employees. In response to a question, Financial Services Administrator Margie Simmons said the affect of several dozen similar cases would not affect the Pension Plan. Mr. Dehner said when Human Resources reports a finding of misclassification whereby employees had not received pension benefits for which they qualified, the PAC is obligated to grant relief and permit a buy back. Mr. O’Rourke indicated delays are increasing the cost of Mr. Brink’s buyback as interest accrues daily. Member Johnson moved to approve Pension service credit for Darold Brink from June 8, 1983, to November 19, 1984, and to require him to contribute $1,584.04, plus 5% interest, for an approximate total of $3,380 to the Pension Plan. The motion was duly seconded and carried unanimously. ITEM #6 - Director's Reports Mr. O’Rourke reported Member Fitzgerald’s term expires next month. The issue will be addressed on March’s agenda. Member Fitzgerald serves at the pleasure of the PAC members. He has expressed interest in serving another term. Mr. O’Rourke stated Member Shepler, whose term expires in June 2000, has had 5 absences in the last 12 months. He said regular attendance is preferred. In response to a question, Mr. O’Rourke said next month staff will report on the consequences of Pension Plan provisions which require the City to place injured employees in alternate positions instead of providing a disability pension. Some cannot perform these jobs adequately. A comparison with other municipalities will be included. Concern was expressed the requirement affects department performance and causes animosity when skilled employees earn less than the injured employee does. Mr. Dehner also will propose amendments to Police and Fire department policies as required by legislative changes to Section 175/185. The Police Unions have expressed concern regarding unintended consequences of the Pension Plan as related to the work requirement. It was recommended staff contact the FLC (Florida League of Cities) regarding this issue for examples of other City requirements. The next meeting is scheduled for March 9, 2000, at 9:00 a.m. ITEM #7 - Committee Members to be Heard – None. ITEM #8 - Adjournment The meeting adjourned at 9:37 a.m.