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12/12/2002PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER December 12, 2002 Present: Whitney Gray Acting Chair/Commissioner John Lee Committee Member John Schmalzbauer Committee Member Tom Jensen Committee Member – arrived 9:11 a.m. Hoyt P. Hamilton Committee Member/Commissioner Frank Hibbard Committee Member/Commissioner Empty seat Committee Member Also Present: Joe Roseto Interim Human Resources Director Lee Dehner Pension Advisory Committee Attorney Leslie Dougall-Sides Assistant City Attorney Cynthia Bender Human Resources Manager 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 – Selection of Chair & Vice-Chair (Tabled) ITEM #3 - Approval of Minutes Member Lee moved to approve the minutes of the special meeting of October 1, 2002, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Member Hibbard moved to approve the minutes of the regular meeting of November 14, 2002, 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 Pensions. 1. John J. Coleman, Jr. – Police Officer, Police Department 2. Gerald D. Bennett –Public Utilities Coordinator, Public Utilities 3. Patrick S. Shepler – Fire Lieutenant Rescue/Paramedic, Fire Department 4. Dennis A. Camara – Fire Lieutenant, Fire Department Member Lee moved to approve Years of Service Pensions for John J. Coleman, Jr., Gerald D. Bennett, Patrick S. Shepler, and Dennis A. Camara. The motion was duly seconded and carried unanimously. b) Review and Action of Employee Requests to Vest Pensions 1. Robert P. Maltas – Water Supply Operator A, Public Utilities Robert P. Maltas has resigned his position after being employed by the City for more than 12 years. He will qualify to receive his reduced pension beginning April 1, 2012. 2. Etim Udoh – Senior Planner, Planning Etim Udoh has resigned his position after being employed by the City for more than 11 years. He will qualify to receive his reduced pension beginning April 1, 2011. Member Hamilton moved to approve the requests by Robert P. Maltas and Etim Udoh to vest their Pensions. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Plan Members. As of December 4, 2002, the City had 1736.92 FTEs out of 1844.9 budgeted positions. Member Hibbard moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date Corey O’Neil, WWTP Operator Trainee Public Utilities 10/21/02 10/21/02 Min Haley, Staff Assistant Gas 11/18/02 11/18/02 Randy Pothier, Tree Trimmer Public Services 11/18/02 11/18/02 John Krysher, A/C Technician Solid Waste/General Svcs 11/18/02 11/18/02 Earl Gloster, Sr. Human Resources Analyst Human Resources 11/04/02 11/04/02 Jason Gray, Public Utilities Technician Public Utilities 11/18/02 11/18/02 Kevin Duffy, WWTP Operator Trainee Public Utilities 11/18/02 11/18/02 William Olive, Police Comm. Oper. Trainee Police Department 11/18/02 11/18/02 Marvin Dodson III, Public Utilities Tech I Public Utilities 11/18/02 11/18/02 Mark Hunt, Police Comm. Oper. Trainee Police Department 11/18/02 11/18/02 Joseph Pruitt, Police Comm. Operator Police Department 11/04/02 11/04/02 Joel Gray, Fire Prevention Inspector Fire Department 11/04/02 11/04/02 Waylon Olive, Gas Technician I Gas 12/02/02 12/02/02 Jessica Collogan, Librarian I Library 12/02/02 12/02/02 The motion was duly seconded and carried unanimously. ITEM #6 – Pending/New Business a) Selection of the Seventh Member Interim Human Resources Manager Joe Roseto indicated the PAC (Pension Advisory Committee) can begin the process to select a seventh member. The court dismissed litigation brought by an individual disputing his right to serve as the seventh member. The seventh member must be a citizen of Clearwater and not a City employee. Discussion ensued regarding the process. The seat has been advertised on C-View. Consensus was to schedule the selection of the seventh member in January, when nominations will be considered. Before the January meeting, all interested parties should complete applications and submit them to the Official Records and Legislative Services department for distribution to each PAC member. The PAC recessed from 9:09 to 9:12 a.m. b) Catherine Slack – Hearing for Job-connected Disability Pension PAC (Pension Advisory Committee) Attorney Lee Dehner reviewed procedures, exclusions, and the law related to requests for job-connected disability pensions. On September 22, 1998, Catherine Slack received an upper back injury during a defensive training exercise. G. E. Vega, M.D., conducted an IME (Independent Medical Examination) on April 18, 2000, and determined Ms. Slack is restricted in some police duties and should avoid physical contact such as subduing a subject. Assistant City Attorney Leslie Dougall-Sides reported settlement discussions had occurred between Catherine Slack’s representative and the City. Several matters remain outstanding between the City and Ms. Slack: 1) outstanding worker’s compensation claim was approved by the City Commission last week for settlement with some added contingencies; 2) the City prefers the pending union grievance related to sick leave to be dismissed; and 3) release of the City related to the training incident encompassed in the worker’s compensation claim. With negotiations of these issues settled, the City has agreed to not oppose Ms. Slack’s disability application. She recommended interested PAC members review related information in the files. Interim Human Resources Director Joe Roseto said Ms. Slack has been performing useful and reasonable work for the City as a police officer, but was restricted from performing the full scope of normal duties associated with that position. Police Department leadership has verified that due to her physical problems, Ms. Slack cannot meet the physical requirements to perform all required duties associated with her position, which he enumerated. Ms. Dougall-Sides said the City is no longer willing to make available the light duty position that Ms. Slack had been performing. Ms. Slack has testified her medications interfere with her ability to drive and perform her duties. In response to a question, Ms. Dougall-Sides said the assignment to light duty is done by the employee’s department, with input from Human Resources, Legal, and Risk Management. Concern was expressed clear direction be provided employees if they must apply for a disability pension before being assigned to a light duty position. Ms. Dougall-Sides said light duty procedures have been under flux for the past few years. She said the City’s pending implementation of IDM (Integrated Disability Management) should provide an integrated approach to this issue. Mr. Roseto said the issue will be clarified. It was felt if a police officer or firefighter is hurt in the line of duty, none should have to go through a two-year ordeal to receive benefits. It was recommended pension language indicate the requirement for disabled personnel to serve in light duty positions not pertain to Police and Fire department personnel as it has been determined a disabled police officer cannot perform necessary duties related to the position when disabled. Ms. Dougall-Sides said the City would prefer to review each case individually and not preclude arguments in future cases. She said Ms. Slack’s medications also played a role in this case. The job description for a police officer lists duties that include desk duty or radio dispatch. Discussion ensued regarding police officer duties and department flexibility needs. Concern was expressed a precedent not be established related to police officer disabilities. Mr. Dehner said under the Pension Plan, settlement discussions between the City and Ms. Slack are not a basis for pension approval. He reviewed Pension law, noting the City has declared a light duty position no longer is available to Ms. Slack. Joe Corsmeier, representing Ms. Slack, stated she has been disabled since 1998 and has worked since that time. He said the record clearly shows she cannot perform the duties of a police officer. Member Schmalzbauer moved that Catherine Slack be granted a Job-Connected Disability Pension effective on a date to be determined, based on Ms. Slack’s disability based on an injury to her rotator cuff and a bulging disc in her lumbar spine; this injury making her permanently unable to perform her job and documented by numerous medical statements of Harry Steinman, M.D., Xavier Gonzlez, P.T., Dennis M. Lox, M.D., G. E. Vega, M.D. IME (Independent Medical Exam) physician, with accompanying dates of all the doctor visits. The motion was duly seconded and carried unanimously. Member Schmalzbauer moved that Ms. Slack’s disability resulted from on-the-job circumstances, in the line of duty. The motion was duly seconded and carried unanimously. It was recommended paperwork related to this case be set aside for shredding. The City will retain a copy of the file. c) Camille Motley – Hearing for Non-job-connected Disability Pension Mr. Dehner reviewed procedures, exclusions, and the law related to requests for disability pensions. In her January 29, 2002, application for disability retirement, Camille Motley indicated she had ruptured a disk getting off the couch. Kenneth Afienko, representative for Ms. Motley, clarified the application is for a job-related disability pension. Ms. Dougall-Sides referenced a preliminary matter, stating yesterday she had received from Human Resources a copy of a Voluntary Resignation and General Release, dated September 5, 2002, signed by Ms. Motley, with an attachment signed by Ms. Motley. Ms. Dougall-Sides said the document was part of a workers compensation claim and does not reference the pension application. The attached addendum, which states the release agreement will not affect Ms. Motley’s ability to apply for pension benefits, was not signed by the City. The City cannot locate a signed copy of the addendum. To approve a disability pension, the Code requires evidence that the employee’s separation from employment was a result of a disability. The resignation agreement does not indicate the reason for Ms. Motley’s separation from employment. She suggested the hearing be continued until staff can contact the previous Human Resources Director, Paul O’Rourke, and clarify the agreement. An affidavit could be obtained. In response to a question, Ms. Dougall-Sides said the PAC (Pension Advisory Committee) should be provided all related materials 10 days before the hearing. In response to a question, Mr. Roseto said he was aware of the document several days before it was forwarded to Ms. Dougall-Sides. In response to a question, Ms. Dougall-Sides said the City Manager or Human Resources Director would be authorized to sign the addendum. She said the notice of injury also should have been attached to the disability application. The City is not contesting the fact that Ms. Motley is disabled. The City has an issue regarding the claim that the disability occurred in the line of duty. Concern was expressed if the PAC does not have a complete record, it may not be possible to provide due process. Mr. Afienko questioned the need to continue the item, stating he did not understand the conflict. CWA (Communication Workers of America) representative Steve Sarnoff said the case is difficult. He said Ms. Motley had to sign the City’s documents before she could receive her money. Ms. Dougall-Sides said the document does not state whether Ms. Motley’s termination was due to her disability. It was felt that issue is a substantial piece of the puzzle. Mr. Afienko expressed concern he had not been advised of this discrepancy until today. Ms. Dougall-Sides said this hearing was scheduled at the request of Ms. Motley’s counsel and that the City had objected to holding the hearing until the PAC’s seventh member was appointed. Mr. Afienko said there is no evidence the City is taking another position related to Ms. Motley’s resignation. Ms. Dougall-Sides said the burden of proof is on the claimant to prove each issue. Mr. Dehner said, if necessary, the PAC could schedule a special meeting in a timely manner. Discussion ensued regarding the voluntary resignation form. In response to a suggestion by Mr. Afienko, Ms. Dougall-Sides said the hearing cannot proceed until this threshold issue is clarified. Mr. Dehner said Pension Plan rules indicate if the PAC determines more information is needed, the proceedings are to be continued. In response to a question, Risk Manager Jon Marcin said the City does not enter into a workers compensation agreement if a staff member remains employed. A signed voluntary resignation form is required before workers compensation issues can be settled. Concern was expressed the disputed forms were issued by the City, which should have copies. Ms. Dougall-Sides indicated Ms. Motley had counsel when she signed the agreement. Discussion ensued regarding the form and related City procedures. In response to a question, Ms. Dougall-Sides said while the notice of injury form was not attached to the disability application, Ms. Motley must have submitted a copy of the form to the City to receive workers compensation benefits. She said the employee needs to describe the related injury. In response to a question, Ms. Dougall-Sides said at times the City settles worker’s compensation claims for a dollar amount to avoid appearing before a compensation judge. Mr. Sarnoff said when he first convinced Ms. Motley to apply for a disability pension, she had not decided to pursue a worker’s compensation claim. He said her original application was based on a non-job related disability and did not include a notice of injury form. He said after speaking to an attorney, Ms. Motley decided to pursue a worker’s compensation claim. He said she had worked in the records department and had to lug boxes around on a daily basis. He said she had been in denial about her injury, had self medicated herself, and had sought medical treatment on her own, rather than through worker’s compensation. It was noted the original application indicated Ms. Motley had ruptured a disc when getting off a couch. It was felt the PAC should heed counsel’s advice and continue this item. Member Jensen moved to continue Item #6c until all necessary documentation is received from Ms. Motley. The motion was duly seconded and carried unanimously. In response to a question from Mr. Afienko, Ms. Dougall-Sides said Ms. Motley needs to submit a signed copy of the voluntary resignation and general release addendum, a notice of injury form, information related to the reason for her termination, and an amended application. ITEM #7 – Director’s Reports The next meeting is scheduled for Thursday, January 9, 2003, at 9:00 a.m. ITEM #8 – Committee Members to be Heard All were wished Happy Holidays. ITEM #9- Adjournment The meeting adjourned at 10:15 a.m.