Loading...
12/11/2003PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER December 11, 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 Robert D. Klausner 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. 2 - Approval of Minutes In reference to page 4 under Director’s Report, it was indicated Joseph J. Rinaldi’s name had been misspelled. Member Hibbard moved to approve the minutes of the regular meeting of November 13, 2003, as corrected. The motion was duly seconded and carried unanimously. 3 - Employees to be Heard - None. 4 - Action Items a) Review and Action on Employee Requests for Years of Service Pension: 1. Michael Burke - Equity Services 2. William Alan Mayberry - Public Services 3. Joseph J. Rinaldi - Police 4. Thomas M. Grow - Gas Member Schmalzbauer moved to approve Years of Service Pensions for Michael Burke, William Alan Mayberry, Joseph J. Rinaldi, and Thomas M. Grow. The motion was duly seconded and carried unanimously. b) Review and Action on Employee Requests to Vest Pensions: 1. Millie F. McFadden - Parks & Recreation Department Millie F. McFadden has resigned her position after being employed by the City for more than 14 years. She will qualify to receive her pension beginning August 1, 2014. AND 2. Paul S. Ritz - Library Paul S. Ritz has resigned his position after being employed by the City for more than 18 years. He will qualify to receive his pension beginning May 1, 2007. Member Hibbard moved to approve the Employee Requests to Vest Pensions for Millie F. McFadden and Paul S. Ritz. The motion was duly seconded and carried unanimously. c) Approval of New Hires as Plan Members: As of November 26, 2003, the City had 1766.3 FTEs out of 1844.9 budgeted positions. Merewyn Mendenhall originally was employed as part-time; status changed to full-time and pension eligible as of November 17, 2003. Member Jensen moved to accept the following employees into membership in the Pension Plan: Date of Pension Employment Elig. Date Kathy Day, Police Communication Operator Police Department 10/20/03 10/20/03 Michael Conroy, Recreation Programmer Parks & Recreation 10/01/03 10/01/03 Jason Wallace, Solid Waste Worker Solid Waste 11/03/03 11/03/03 Gerard Grace, Parks Service Technician I Parks & Recreation 11/03/03 11/03/03 Darren Pohorenec, Recreation Programmer Parks & Recreation 11/03/03 11/03/03 Joseph Metz, Fleet Mechanic Gen Svcs/Fleet Maint 11/17/03 11/17/03 Chris Topping, Tradesworker Gen Svcs/Bldg Maint 11/17/03 11/17/03 Terry Swatzell, Solid Waste Worker Solid Waste 11/17/03 11/17/03 Merewyn Mendenhall, Library Assistant Library 05/19/03 11/17/03 Tarik Jones, Solid Waste Worker Solid Waste 11/17/03 11/17/03 The motion was duly seconded and carried unanimously. 5 - Pending/New Business a) Marcus Lane - Hearing for Job-connected Disability Application Marcus Lane was not present. While employed by the City as a Police Officer, Marcus Lane fatally shot a 16 year-old boy in the performance of his duty on November 11, 2002. He submitted his disability application on April 7, 2003, claiming PTSD (Post-Traumatic Stress Disorder) and major depression. Pension Advisory Committee Attorney Robert Klausner stated e-mail correspondence between Mr. Lane and the City Manager on November 13, 2003, confirms that Mr. Lane was notified of today’s hearing. Human Resources Director Joe Roseto said if today’s hearing is continued, Mr. Lane’s no-pay status will remain unchanged. Assistant City Attorney Leslie Dougall-Sides said the City believes Mr. Lane’s condition is not permanent and that he could work as a Police Officer assigned to dispatcher duties. Mr. Roseto said the IME (Independent Medical Evaluation) had opined that Mr. Lane could recover from PTSD within six to nine months. The Police Department is willing for Mr. Lane to remain under professional care and return to duty as a dispatcher, with a reevaluation in six months. Previously the Police Department did not have an expectation that Mr. Lane could return to work. Discussion ensued regarding Mr. Lane and if he understood his presence at today’s meeting was recommended. Pension Advisory Committee Attorney Robert Klausner stated at the time of his last contact, Mr. Lane was not represented by legal counsel. Concern was expressed Mr. Lane may be unaware the City had changed its position regarding an offer of useful meaningful work. Member Lee moved to change the agenda order and hear Item 5a at the end of the meeting so that Mr. Lane could be contacted. The motion was duly seconded and carried unanimously. Jeff Rawson, Fraternal Order of Police President, left the meeting to telephone Mr. Lane and returned, reporting that Mr. Lane was too far away to attend today’s meeting. Police Officer Rawson said he has been in frequent contact with Mr. Lane and reported the shooting had taken a debilitating toll on Mr. Lane, who now is penniless, bankrupt, and living with relatives. Police Officer Rawson said Mr. Lane has lost everything, cannot meet his child support obligations, and at times is suicidal. Police Officer Rawson said Mr. Lane fears his ability to perform as a dispatcher may be compromised should he freeze if a similar shooting incident occurs. Mr. Lane expressed interest in returning some order to his life and requested that his case be heard today. In response to a question, Police Officer Rawson said Mr. Lane was unaware his presence today was necessary. He said Mr. Lane is in a difficult crisis and his mental state fluctuates. In response to a question, Ms. Dougall-Sides said the IME report had found that Mr. Lane’s condition is not permanent. The City prefers placing Mr. Lane in a dispatcher position and reevaluating him in six to nine months. She indicated IME physician Eric Kaplan, M.D. had recommended Mr. Lane return to light duty as his condition improves. Dr. Kaplan did not indicate Mr. Lane could return to work as a Police Officer in the near future. Mr. Roseto said the City could determine after the reevaluation if Mr. Lane is able to return to full duty as a Police Officer. Mr. Klausner agreed the IME physician had indicated Mr. Lane is not ready to return to light duty. Member Hibbard moved for the PAC to hear the job-connected disability application for Mr. Lane. The motion was duly seconded and carried unanimously. Discussion ensued regarding information provided applicants with a recommendation that City correspondence indicate that applicants are allowed to and encouraged to attend hearings. Mr. Roseto said at the office he had discussed the process and procedure with Mr. Lane. As Mr. Lane was not present, Mr. Klausner recommended the application serve as the opening statement. Member Hightower moved for the PAC to accept all appropriate medical records and supporting documents as part of the record. The motion was duly seconded and carried unanimously. Mr. Klausner said Mr. Lane indicates he cannot return to police work following the shooting and requests a disability pension. Mr. Klausner said the IME report indicates as Mr. Lane’s condition improves, he may be able to return to light duty. Joseph Shanklin, M.D., had reported that Mr. Lane’s condition will not improve and he did not think Mr. Lane could work again as a Police Officer or in the law enforcement field. Ms. Dougall-Sides said Mr. Lane had considered a transfer to dispatch as a non Police Officer. She said Dr. Shanklin earlier had found Mr. Lane may be able to work outside criminal justice but in his November 3, 2003, letter had indicated improvement in Mr. Lane’s condition is not likely. Dr. Shanklin had diagnosed Mr. Lane with PTSD and major depression, indicating the length of his PTSD disability could not be determined and that Mr. Lane could not return to work until the PTSD was under control. Bernadette Ackerman, A.R.N.P., originally had diagnosed an adjustment disorder, depression, and marital problems. In February 2003, Ms. Ackerman had diagnosed acute PTSD. Ms. Dougall-Sides said Mr. Lane had told Dr. Kaplan that he could work. An earlier worker’s compensation action regarding a previous back injury is still pending and is not part of this claim. Ms. Dougall-Sides said the City prefers to place Mr. Lane on light duty as a dispatcher as soon as the doctor releases him to work. The dispatcher position would be offered at no loss of pay and his supplemental pension would continue to accrue. Lisa Averoff, L.M.H.C., medical health provider, stated she had treated Mr. Lane since the day after the incident and was present at Mr. Lane’s request. She indicated she had forwarded a summary of therapy, stating Mr. Lane exhibits symptoms of PTSD. Ms. Dougall-Sides objected to Ms. Averoff’s testimony as the applicant had not submitted a witness list 10 days prior to the hearing as required or noticed the City regarding Ms. Averoff’s testimony. Member Hibbard moved to allow Ms. Averoff’s testimony. The motion was duly seconded and carried unanimously. Ms. Averoff reviewed Mr. Lane’s case and expressed concern he could “freak out” without warning and respond incorrectly as a dispatcher. She said Mr. Lane had applied for work at other police departments because he needed income but was not considered for any positions due to his history following the shooting incident. She said her earlier approval of Mr. Lane’s return to work was based on his request, not her recommendation. She said her role is to help patients progress as they wish. Police Officer Rawson said the shooting was a traumatic event for which Mr. Lane was castigated publicly and by the shooting victim’s peers. He said the incident was debilitating and Mr. Lane could never work as a police officer again. Concerns were expressed Mr. Lane could not be recertified as a Police Officer if his duties are limited to those of a dispatcher and that the position of dispatcher could be too stressful, and endanger officers during critical situations. It was stated evidence provided raises questions if Mr. Lane could ever again act efficiently on the street as a police officer. Member Schmalzbauer moved to approve a job-connected disability pension for Marcus Lane. The motion was duly seconded. Concern was expressed the City’s recommendation that Mr. Lane return to work as a police officer doing dispatcher duty when he is unable to come to the aid of another police officer is inconsistent with City policy. Mr. Roseto said prior to the IME recommendation, the City had not received a professional opinion that Mr. Lane could return to full duty. Ms. Dougall-Sides said the City maintains that light duty positions assigned by the Police Chief are valid assignments. She said the PAC had determined police officers assigned to light duty had to be able to perform full police duties on the street. Concerns were expressed regarding Mr. Lane’s mental condition, his ability to handle stress related to the dispatcher position, and the possibility he could endanger officers in the field. It was indicated Mr. Lane would not be required to carry a gun when performing a light duty job. It was suggested Mr. Lane’s condition would more likely improve if he returned to work. It was stated documentation supports Mr. Lane’s contention that he cannot work as a police officer. It was recommended the PAC permit Mr. Lane to continue with his therapy, put this incident behind him, and continue with his life. It was noted that Dr. Kaplan’s evaluation included conflicting statements regarding Mr. Lane’s ability to return to work as a police officer, with one comment indicating Mr. Lane would never be able to work as a police officer again. It was stated Mr. Lane could not meet the job requirement that a dispatcher exercise sound judgment and must be able to respond immediately. It was suggested Mr. Lane would receive necessary therapy and medication only if he returns to work. The question was called. The motion to call the question and end discussion carried unanimously. Mr. Klausner requested the motion be amended. Member Schmalzbauer moved to amend his motion to grant Marcus Lane a job-connected disability pension, that Mr. Lane’s disability is permanent and not the result of an injury or impairment or medical condition preexisting participation of the plan and is not inconsistent with the forfeiture of benefits provisions, and was not occasioned by the excessive or habitual use of drugs, intoxicants, or alcohol. The seconder agreed. Upon the vote being taken, the motion carried unanimously. Mr. Roseto said staff would contact Mr. Lane regarding the PAC’s decision. b) Discuss Policies and Procedures In response to a question regarding Section 2, Mr. Klausner said the language is advantageous to participants. He advocated a distinction between service-connected and non-service-connected disabilities due to tax breaks for service-connected awards. Regarding Section 4, Mr. Klausner said the IME provider reviews all medical reports before determining if an applicant’s condition will improve. Mr. Klausner said there is a concern that reports by applicants’ personal physicians may be shaded in support of applicants’ desires to be granted disability benefits. The PAC (Pension Advisory Committee) should judge all medical evidence and decide which opinion is compelling. The PAC is not required to place greater weight on the IME report than on other medical opinions. It was requested the summary include information regarding the significance of IME reports. Concern was expressed physicians who are paid by the Pension Plan to perform IMEs may perceive that it is in their best interest to deny benefits. Mr. Klausner said the PAC has a fiduciary responsibility to decide disability cases correctly, based on the law and without regard to economic impacts on the plan. In response to a question, Mr. Klausner said statistically a high incidence of reinjury occurs among employees brought back to work from a disability. He said when reinjury occurs, the employee receives an increased disability benefit based on a higher rate of pay. Discussion ensued regarding Section 5. Mr. Klausner said fire and police certified staff must be assigned to a useful job without a loss of pay or benefits if it is determined they are disabled. He said terminology referencing the usefulness of a position is up for interpretation. Personnel can be denied disability benefits if they refuse work. Regarding Section 7, it was recommended illegible medical reports be transcribed so that committee members can read and understand them. It was stated the translation of medical abbreviations also may be helpful. Regarding Section 10, it was recommended language be added regarding forfeiture of pension benefits if fraud is proven. Member Schmalzbauer moved to approve the Pension Advisory Committee Policies and Procedures, as amended. The motion was duly seconded and carried unanimously. Mr. Klausner said changes to Sections 13 and 14 will occur as new related cases are decided. 6 - Director’s Reports Recommend approval of $400 expenditure for FPPTA membership FPPTA (Florida Public Pension Trustees Association) is a non-profit organization dedicated to the goal of educating public pension trustees. FPPTA holds two schools and one conference a year. The Plan’s Pension Attorney, Klausner & Kaufman, is very active in FPPTA. As staff becomes aware of other similar organizations that are of benefit to the Plan, authorization to join the organization(s) will be brought forward for Trustee approval. The membership fee for FPPTA is $400 annually. In response to a question, Cash & Investments Manager Steve Moskun said funds are budgeted for travel and training. Membership allows attendance at conferences. Member Hibbard moved to recommend approval of a $400 expenditure for Florida Public Pension Trustees Association membership. The motion was duly seconded and carried unanimously. Invesco Mr. Moskum reported staff had met with consultants last night, and more meetings are planned, regarding turmoil at the City’s investment firm, Invesco. The Pension Fund has not suffered any losses due to current allegations. Staff will make a decision based on daily monitoring of the account, a review of events, and affects to the plan. Should change occur, the City would provide Invesco a 30-day notice, reinvest subject funds into Lehman Brothers, and rebalance the Plan’s portfolio. 7 - Committee Members to be Heard Member Schmalzbauer reported blue lights in living room windows are lit to respect officers and firefighters who lost their lives in the line of duty. Committee members wished all a happy holiday season. Chair Gray said this is her last meeting and thanked all for their support. Chair Gray was complimented for her dedicated service. 8 - Adjournment The meeting adjourned at 10:27 a.m.