06/08/2000PENSION ADVISORY COMMITTEE MEETING
CITY OF CLEARWATER
June 8, 2000
Present: Brian Aungst Chair/Mayor
J. B. Johnson Vice Chair/Commissioner
Pat Greer Committee Member
Pat Shepler Committee Member
Dick Fitzgerald Committee Member
John Schmalzbauer Committee Member
Absent: Ed Hart Committee Member/Commissioner
Also Present: Paul O’Rourke Human Resources Administrator
Margie Simmons Financial Services Administrator
Scott Christiansen Pension Advisory Committee Attorney
Patricia O. Sullivan Board Reporter
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 May 11, 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 Request for Years of Service Pension
1. Joseph Johnson, Courier – Information Technology
2. David A. Foster, Gas Specialist - Gas
3. David D. Harding, Utilities Mechanic Supervisor II – Public Works
4. Earl J. Dussault, Associate Planner - Planning & Development Services
Member Johnson moved to approve the request by Joseph Johnson, David A. Foster, David D. Harding, and Earl J. Dussault for Years of Service Pensions. The motion was duly seconded and
carried unanimously.
b) Review and Action on Employee Request to Vest Pension
1. G. Ann Gilsdorf, Computer Aided Drafting Technician – Engineering/Production
G. Ann Gilsdorf has resigned her position after being employed by the City for 16 years. She will qualify to receive her pension beginning April 1, 2004.
Member Greer moved to approve the request by G. Ann Gilsdorf to vest her Pension. The motion was duly seconded and carried unanimously.
c) Review and Action on Requests for Survivor’s Benefit
1. Patricia Ermlich, widow of Gerald T. Ermlich – General Services/Fleet/General Ops.
Member Fitzgerald moved to approve a Survivor’s Pension for Gerald T. Ermlich. The motion was duly seconded.
In response to a question, Human Resources Administrator Paul O’Rourke said staff notifies beneficiaries of qualified benefits.
Upon the vote being taken, the motion carried unanimously.
d) Approval of New Hires as Pension Plan Members
As of May 3, 2000, the City had 1,673.5 FTEs and 1,779.8 budgeted positions. In response to a comment regarding the number of police recruits, Mr. O’Rourke said the Police Department
still has several vacancies. The Fire Department had filled positions in October 1999, January 2000, and plans to fill more in October 2000.
Member Johnson moved to accept the following employees into membership in the Pension Plan:
Date of Pension
Employment Elig. Date
Jane Ranes, Library Assistant Library 04/24/00 04/24/00
Robert Devore, Field Service Rep. Customer Service 04/24/00 04/24/00
Jonathan Peskin, Pol.Comm.Oper.Trn. Police Department 04/24/00 04/24/00
Robert E. Baker, Sr. Marine Lifeguard Marine 05/06/00 05/06/00
Robin Valveri, Accounting Clerk Parks & Recreation 05/08/00 05/08/00
William Givens, Planner Planning & Dev. Svcs.05/15/00 05/15/00
Christopher Beckham, Parks Svc.Tech I Parks & Recreation 05/08/00 05/08/00
Lennox Dawkins, Parks Service Tech I Parks & Recreation 05/08/00 05/08/00
Linda Leaghty, Library Assistant Library 05/06/00 05/06/00
Nida Espinosa, Customer Service Rep Planning & Dev. Svcs.05/08/00 05/08/00
Jason Goetz, Police Comm. Operator Police Department 04/24/00 04/24/00
Joseph DiStefano, Police Aide Police Department 02/28/00 02/28/00
Darla Mae Wood, Police Recruit Police Department 05/22/00 05/22/00
Willard Rodgers, Police Recruit Police Department 05/22/00 05/22/00
Gary Bonzo, Police Recruit Police Department 05/22/00 05/22/00
Stephen Cox, Police Recruit Police Department 05/22/00 05/22/00
Franklin Fleming, Police Recruit Police Department 05/22/00 05/22/00
Steven Fletcher, Police Recruit Police Department 05/22/00 05/22/00
Christine Schlerf, HR Specialist Human Resources 05/22/00 05/22/00
Edgardo Vila, Police Recruit Police Department 05/22/00 05/22/00
Ellyn Miller, Police Recruit Police Department 05/22/00 05/22/00
Rodney Johnson, Police Recruit Police Department 05/22/00 05/22/00
The motion was duly seconded and carried unanimously.
ITEM #5 - Pending/New Business – None.
ITEM #6 - Director's Reports
The next meeting is scheduled for July 13, 2000, at 9:00 a.m.
Brian Baldwin
Mr. O’Rourke said Brian Baldwin’s attorney had indicated he would petition the City to reinstate Mr. Baldwin so that he could apply for a job-connected disability pension. The City
Manager has declined the request.
David Krieger
Mr. O’Rourke reported David Krieger has prevailed in his litigation against the Pension Plan. On June 1, 1999, the Pension Trustees had approved a buy back of pension benefits for
David Krieger for a pension contribution plus 5% interest instead of the actuarial equivalent rate. The Trustees rescinded the action on June 7, 1999. The judge’s May 22, 2000, decision
indicates the Pension Trustees’ approval constituted a contract. Leonard Marotta experienced the same Pension Trustee decisions and has indicated he will seek litigation.
Pension Advisory Committee Attorney Scott Christiansen said the attorney who handled the case and the City Attorney have recommended against appealing the decision. He disagreed with
the decision as the Pension Trustees’ original approval was illegal as it did not adhere to Pension Plan rules. Concern was expressed the decision constitutes a precedence and Mr. Marotta
may use the same arguments. Mr. Christiansen will review the case and make a recommendation regarding an appeal.
Part-Time Workers/Full-Time Hours
Mr. O’Rourke reported of 21 employees who had responded to his memorandum, staff has identified 6 employees who had worked full-time while classified as part-time. Staff is researching
4 other cases, which occurred in the 1960s. Related documents are difficult to access. He said the issue will be brought forward next month.
PAC Election
Mr. O’Rourke reported Member Shepler’s term is expiring and an election is scheduled. Results will be available June 20, 2000.
Disability Benefit Process and Rules
Mr. O’Rourke said staff has issued a RFP (Request for Proposals) for a professional review of the City’s process for handling disability claims and to draft language for the Pension
Plan related to disability claims.
ITEM #7 - Committee Members to be Heard – None.
ITEM #8 - Adjournment
The meeting adjourned at 9:18 a.m.