Loading...
10/09/2003PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER October 9, 2003 Present: Whitney Gray Chair/Commissioner John Lee Vice-Chair John Schmalzbauer Committee Member Tom Jensen Committee Member Hoyt P. Hamilton Committee Member/Commissioner Frank Hibbard Committee Member/Commissioner Nathan Hightower Committee Member Also Present: Joe Roseto Human Resources Director Stuart Kaufman Pension Advisory Committee Attorney Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 9:03 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 3 - Approval of Minutes Member Hibbard moved to approve the minutes of the regular meeting of August 28, 2003, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 4- Employees to be Heard - None. 5- Action Items a) Review and Action on Employee Requests for Years of Service Pension 1. Ezekiel Taylor - Solid Waste 2. John Richter - Public Works 3. Kenneth Emerson - Public Utilities Member Jensen moved to approve a Years of Service Pension for Ezekiel Taylor, John Richter, and Kenneth Emerson. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Plan Members: As of September 25, 2003, the City had 1766.3 FTEs out of 1844.9 budgeted positions. Billie Kirkpatrick originally was hired as part-time on December 18, 2001; status changed to full-time and pension eligible as of August 23, 2003. Charles Thornton originally was hired as temporary on November 21, 2002; status changed to full-time and pension eligible as of September 8, 2003. Sherry Watkins originally was hired on October 9, 2000. She resigned and withdrew her pension contributions, then withdrew her resignation and returned to work effective August 25, 2003. Member Jensen moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date Pasquale Calabrese, Police Officer Police Department 05/19/03 05/19/03 Joel Conklin, Gas Technician I Gas 08/25/03 08/25/03 Frank McCollister, Gas Technician I Gas 08/25/03 08/25/03 Freda Dixon, Recreation Programmer Parks & Recreation 08/25/03 08/25/03 Billie Kirkpatrick, Library Assistant Library 12/18/01 08/23/03 Verl Emrick, Planner II Planning 09/08/03 09/08/03 John Stone, Fleet Mechanic Solid Waste/Gen Services 09/08/03 09/08/03 Lynne Johnson, Utilities Chemist Public Utilities 09/08/03 09/08/03 Robert Lane, Field Service Representative Customer Service 09/08/03 09/08/03 Suzanne Wakefield, Customer Svc. Coor. Customer Service 09/08/03 09/08/03 Charles Thornton, Parks Service Tech I Parks & Recreation 11/21/02 09/08/03 Niki Cushing, Field Service Representative Customer Service 09/17/03 09/17/03 Sherry Watkins, Dev Review Technician I Development Services 10/09/00 08/25/03 Christianna Kretschmann, Drft/Map Tech Engineering 09/22/03 09/22/03 Robert Reagan, Parks Service Supervisor I Parks & Recreation 09/22/03 09/22/03 5 - Pending/New Business a) Marcus Lane—Job-connected Disability Application Human Resources Director Joe Roseto said the disability application for Marcus Lane is not complete or ready to schedule for hearing. Pension Advisory Committee Attorney Stuart Kaufman said his firm is gathering records related to Mr. Lane’s disability claim. All medical records have been received, except for those from therapist Lisa Averoff, one of Mr. Lane’s medical providers. In her letter, she stated she has treated Mr. Lane and believes he is disabled but, based on her attorney’s advise, refuses to forward her therapy session notes. Mr. Kaufman requested guidance, stating the committee is entitled to all relevant records and could refuse to process the application until all medical records are submitted. Mr. Lane signed a wavier for his service providers to turn over his medical records to the Committee. Mr. Roseto said Ms. Averoff’s attorney advised her releasing her notes may violate HIPAA (Health Insurance Portability & Accountability Act). An IME (Independent Medical Exam) cannot be scheduled until all medical records are received. Concern was expressed necessary history would not be documented if Mr. Lane starts working with a different therapist. Discussion ensued with a comment that refusing to process the application until all medical records are received seems punitive and recommendations that Mr. Kaufman research if the committee has subpoena power to gain access to the records, that Mr. Kaufman discuss the situation directly with Ms. Averoff’s attorney and, if they are not cooperative, to depose Ms. Averoff to gather information necessary to process the application. Mr. Kaufman said HIPAA does not prohibit the submittal of medical notes. Mr. Lane has been in a no-pay status for several months. Consensus was for Mr. Kaufman to discuss the situation directly with Ms. Averoff’s attorney and, if they are not cooperative, to research the ability to subpoena necessary records. Concern was expressed that a City contact person is available for employees seeking disability pensions who have questions. Mr. Kaufman indicated Mr. Lane does not have legal counsel. b) Discuss Policies and Procedures Member Jensen moved to continue Item 5b to November 13, 2003. The motion was duly seconded and carried unanimously. It was requested staff ensure that all committee members have updated manuals. 6 - Director’s Reports Finance Director Margie Simmons reported the Pension Trustees changed the travel policy. New per diem rates, based on the GSA (General Services Administration), are location specific and updated annually. Staff is updating forms and procedures. The Pension Attorneys will report to the Trustees on their activities since being hired and will request Trustee direction. 7 - Committee Members to be Heard Pension-Related Associations Member Jensen distributed a schedule of continuing education classes for FPPTA (Florida Public Pension Trustees Association) members and encouraged PAC members to attend pension related classes. He said State law is not specific regarding educational requirements. Training is available for Pension Trustee certification. Ms. Simmons said staff is working to set up in-house training. Last year’s in-house training featured two hours on legal issues by the Pension attorney and two hours on investments by a Pension consultant. She requested members check with her regarding the committee’s travel budget before registering for out of town training. Discussion ensued regarding pension-related organizations, membership, and conference fees. Mr. Kaufman said his firm conducts 3-day education seminars for its clients in March. The only associated costs cover hotel accommodations. It was requested Ms. Simmons bring forward information regarding membership in pension-related associations to the PAC for review and to make recommendations to the Pension Trustees. HIPAA In response to questions, Mr. Kaufman said PAC meetings must be held in the Sunshine. Disability applicants sign a waiver to release their medical information for consideration of a disability pension. Concern was expressed the distribution of personal medical information conflicts with privacy issues. 8 - Adjournment The meeting adjourned at 9:38 a.m.