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10/11/2001PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER October 11, 2001 Present: Dick Fitzgerald Chair Whitney Gray Vice Chair /Commissioner John Lee Committee Member Ed Hart Committee Member/Commissioner John Schmalzbauer Committee Member Bill Jonson Committee Member/Commissioner Tom Jensen Committee Member Also Present: Paul O’Rourke Human Resources Administrator Lee Dehner Pension Advisory Committee Attorney Leslie Dougall-Sides Assistant City Attorney Debbie Ford Human Resources Analyst 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 Lee moved to approve the minutes of the regular meeting of September 13, 2001, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #4 - Employees to be Heard - None. ITEM #5 - Action Items a) Review and Action on Employee Requests for Years of Service Pension 1. Calvin Mizell – Solid Waste Equipment Operator, Solid Waste 2. Gary M. Fritts – Electronics Technician, Public Services 3. John Whitcomb – Solid Waste Worker, Solid Waste Member Gray moved to approve a Years of Service Pension for Calvin Mizell, Gary M. Fritts, and John Whitcomb. The motion was duly seconded and carried unanimously. b) Review and Action on Employee Requests to Vest Pensions 1. Joseph Reckenwald – Public Utilities Assistant Director, Public Utilities Joseph Reckenwald has resigned his position after being employed by the City for more than 27 years. He will qualify to receive his reduced pension beginning July 1, 2004. Member Jonson moved to approve the request by Joseph Reckenwald to vest his pension. The motion was duly seconded and carried unanimously. c) Approval of New Hires as Pension Plan Members As of October 4, 2001, the City had 1696.31 FTEs out of 1801.3 budgeted positions. Member Schmalzbauer moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date Kelly Moos, Systems Analyst Finance 08/27/01 08/27/01 Yolanda Rogers, Police Comm. Oper Trne. Police Department 08/13/01 08/13/01 Pharyn Bannister, Recreation Leader Parks & Recreation 08/27/01 08/27/01 Carlton Greene, Maintenance Worker I General Support Svcs. 09/10/01 09/10/01 Peter Fellman, Gas Technician I Clearwater Gas 09/10/01 09/10/01 Dobert Thompson, Recreation Leader Parks & Recreation 09/10/01 09/10/01 Rachel Perry, Development Review Tech I Planning & Dev. Svcs. 08/27/01 08/27/01 Dwayne Hickman, Police Com Oper Trne. Police Department 09/24/01 09/24/01 Penny Baughn, Police Comm. Operator Police Department 09/24/01 09/24/01 Douglas Swartz, Firefighter Fire Department 09/24/01 09/24/01 Denis O’Connor, Firefighter Fire Department 09/24/01 09/24/01 Wade Bishop, Firefighter Fire Department 09/24/01 09/24/01 David Buchholz, Firefighter Fire Department 09/24/01 09/24/01 Tashadra Togers, Police Com Oper Trne. Police Department 08/13/01 08/13/01 Julio Plaza, Parks Service Technician I Parks & Recreation 09/24/01 09/24/01 The motion was duly seconded and carried unanimously. ITEM #5 - Pending/New Business a) Catherine Slack –Hearing for Job-Connected Disability Pension Pension Advisory Board Attorney Lee Dehner reported Joe Corsmeier, Catherine Slack’s attorney, has requested to address the PAC (Pension Advisory Committee). Mr. Corsmeier reviewed the background of Ms. Slack’s case. He said she had applied for a Job-Connected Disability Pension in November 1999, following an in-the-line-of-duty injury. On May 11, 2000, the PAC determined Ms. Slack could perform useful, meaningful, and necessary work as a Police Officer and was reassigned to a limited duty position. He said Ms. Slack applied for a Job-Connected Disability Pension in May 2001, stating she is unable to perform the limited duty position. In response to a question, Mr. Dehner said today’s hearing is not formal. Depositions and sworn testimony will not be heard. In response to a question, Mr. Corsmeier said the PAC has the authority to reconsider its earlier decision to reassign Ms. Slack to a limited duty position and grant her a job-connected disability pension. Assistant City Attorney Leslie Dougall-Sides said the City opposes the applicant’s request and wants an opportunity to present more evidence. Mr. Corsmeier stated Ms. Slack has not taken tests required for certification as a police officer since 1998 and cannot carry a weapon. He said she cannot meet FDLE (Florida Department of Law Enforcement) and City requirements to be a police officer. He said the PAC had approved the reassignment, although they were not mandated to do so. He said Ms. Slack cannot drive while taking medication necessary to relieve her pain. He said the August 24, 2001, Functional Capacity Evaluation indicates she cannot serve as a police officer due to injuries to her back and a rotator cup tear. He said Dr. Vega, who had performed the August 29, 2001, IME (Independent Medical Examination) was confused regarding her duties. He said Ms. Slack cannot conduct foot patrol nor respond to emergencies. Mr. Dehner said Mr. Corsmeier is rearguing the May 11, 2000, case by now alleging Ms. Slack cannot perform the reassigned duties. Mr. Dehner said Ms. Slack had the ability to appeal that decision previously. In response to a question, Mr. Dehner said an employee does not have the option to refuse a light duty assignment that meets all Pension Plan criteria. He said it is illegal to reargue that case in this proceeding. He said a new application could claim that Ms. Slack cannot properly perform the reassigned duties. Mr. Corsmeier said the PAC can reconsider that action if they determine a mistake was made. Mr. Dehner said if the applicant claims a mistake was made, a petition for writ of certiorari should have been filed within 30 days of the PAC decision. He said it is improper for the PAC to reconsider this issue as it was adjudicated already. In response to a statement, he said the City has not been provided information indicating Ms. Slack has been decertified as a police officer. In response to a concern, Mr. Dehner said the need to replace Ms. Slack’s position on the street is a personnel issue and does not apply to this case. Discussion ensued regarding issues related to light duty assignment. In his October 1, 2001, memorandum, Deputy Police Chief Dewey Williams reported Police Officer Catherine Slack had incurred an on-the-job injury on September 22, 1998, while participating in a police training exercise. Following her doctor’s determination that she would no longer be able to work as a patrol officer, Officer Slack was assigned to the Criminal Investigations Division in a light duty capacity on April 7, 1999. She has worked in that assignment since that time. Officer Slack’s responsibilities include working as a detective conducting follow-up investigations of misdemeanor cases other than domestic violence and cases involving weapons. Investigation of misdemeanor cases typically involves telephone follow-up and the filing of written police reports and does not usually involve the making of a physical arrest. While Officer Slack is unable to perform in a uniformed patrol assignment due to her medical restrictions, she has been able to provide useful and necessary work to the Police Department in the investigation of misdemeanor cases. In the first nine months of 2001, Officer Slack has closed 462 cases, inactivated 2,334, and submitted 839 report supplements. Officer Slack has received “above standards” ratings on both annual performance evaluations since her permanent light duty assignment to the Criminal Investigations Division. In response to a question, Mr. Dehner stated the applicant has the burden of proof and is responsible for correcting inaccurate medical statements. Concern was expressed Ms. Slack qualifies only for a years of service pension, not a disability pension, even though she was disabled in the line of duty. It was felt the City is not fulfilling its obligation to disabled employees. Mr. Corsmeier recommended the PAC vote on this issue today, stating it is unfair to deny Ms. Slack a disability retirement pension. Ms Dougall-Sides said the City objects to the PAC making any determination without the opportunity to present material at a full hearing. She did not think medical records support that a significant change to Ms. Slack’s physical condition has occurred. A formal hearing was recommended. Mr. Dehner said a rehearing cannot consider Ms. Slack’s ability to perform the duties of a police officer. Clarification was requested regarding Deputy Police Chief Williams’ statement that the light duty position “does not usually involve the making of a physical arrest.” Concern was expressed a job description for Ms. Slack’s current duties had not been presented. Pension Plan rules related to a hearing will determine the time line. ITEM #6 – Director’s Reports Human Resources Administrator Paul O’Rourke said next month staff will present a summary of proposed changes to the Pension Plan. Due to Plan complexities, only a minimal number of changes can be considered at the March 2002, referendum. Concern was expressed that decisions be deliberate, as the number of documents under consideration is massive. The next PAC meeting is scheduled for November 8, 2001. ITEM #7 - Committee Members to be Heard Member Lee requested that PAC members receive all related materials at least 10 days prior to all formal hearings. Member Schmalzbauer said he was overwhelmed by the volume of information related to the actuary selection and was grateful for the opportunity to participate. ITEM #8 - Adjournment The meeting adjourned at 10:25 a.m.