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HomeMy WebLinkAbout08-09-2006 Agenda NOTICE OF MEETING City of Ocoee The City of Ocoee Police Officers' /Firefighters' Pension Board will hold a meeting on Wednesday. AUlZUst 9.2006 at 1 :00 p.m. in the Commission Chambers Conference Room at City Hall, 150 N. Lakeshore Drive, in Ocoee, Florida. All interested parties are invited to attend. Police Officers'IFirefighters' Pension Board AGENDA August 9, 2006 1 :00 p.m. I. CALL TO ORDER - Chairman Charlie Brown A. Roll Call and Determination of Quorum II. ACCEPTANCE AND APPROVAL A. Police Officers' /Firefighters' Retirement Trust Fund (Pension Board Meeting) Minutes of May 10, 2006. III. QUESTIONS/COMMENTS FROM AUDIENCE IV. OTHER BUSINESS A. AuthorizelRatify Payment of Bills V. REPORTS A. Actuary B. Money Manager C. Performance Monitor VI. ATTORNEY COMMENTS VII. SET NEXT MEETING AGENDA A. Regular Meeting - Wednesday, November 8, 2006 at 1 :00 p.m. VIII. ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTE 286.0105: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO. IN ACCORDANCE WITH FLORIDA STATUTE 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 N. Lakeshore Drive, Ocoee, FL 34761, (407) 905-3100, ext. 9-1022,48 hours in advance of the meeting. 4 Drc!fi Subject to Approval THE CITY OF OCOEE POLICE OFFICERS'fFIREFIGHTERS' RETIREMENT FUND SPECIAL MEETING - May 10,2006 Chairman Wilson called the special meeting of the City of Ocoee Police Officers' /Firefighters' Retirement Trust Fund to order at 12:42 p.m. in the Commission Chambers of City Hall. The roll was called and a quorum declared present. PRESENT: Chairman Wilson, Members Coschignano, Gledich and Brown. Also present are Attorney Dehner and Recording Secretary Conkling. Also attending the meeting is George Engelhardt. ABSENT: Secretary Strickland. HEARING FOR GEORGE ENGLEHARDT Attorney Dehner advises this hearing is a determination of support and his role is not to be an advocate against receipt of benefits, but rather to assist in whatever decision is made in accordance with the legal requirements. He explains the first legal requirement is to establish total and permanent disability; then determine whether it is in line of duty or not in line of duty causation. The second legal requirement will be to proceed with due process and follow the rules in place. The third legal requirement is that the Board complies with the requirements of the law, applying provisions of Ordinance to the evidence before you. The decision needs to be supported by substantial evidence. Under the Board's claims procedures, this is the informal hearing where you can review evidence and documents for consideration, and hear statements by the Claimant. You can either make the determination or decide you need more evidence. Attorney Dehner presents the case to the Board stating Mr. Englehardt was terminated by the City for medical reasons in January 2006. There is case law citing when a City terminates an employee, the Board is estopped from not finding total disability; however, there is still the issue of permanency. Mr. Englehardt was offered the position of communications operator, but he was not offered a firefighter position. Captain Wilson asks Mr. Englehardt whether he had the pre-employment physical. Mr. Englehardt replied that he did have a physical, which was accepted by the City of Ocoee as his physical for employment. He and three others were hired at the same time in 1989 and they were all instructed to see a physician at Health Central. Three years later that physician's credentials were questioned and he was found not to be a physician. Attorney Dehner notes there is no written report of this physical in his file. Mr. Englehardt states he was never given a copy of the report. In fact, he has never received reports of physicals Page 1 of3 1~:/7 ~ - Draft Subject fo Approval until four years ago. We were sent to this physician by the City. I returned the paperwork to the fIre department and a week later Captain Coschignano called and asked if I wanted the job. Discussion is held regarding the presumption of the City if the physical is not passed and whether he could be hired anyway. Attorney Dehner suggests the Board consider the issue of total and permanent fIrst, and then address presumption. Member Gledich acknowledged the action of the City to medically terminate Mr. Englehardt means they consider him totally disabled, and now it is the Board's decision to determine permanency. Chairman Wilson notes that the independent medical exam states it is permanent. Discussion is held regarding evidence. Member Gledich, seconded by Member Coschignano, moves to establish George Englehardt as totally and permanently disabled based on evidence provided and requirements accorded by due process. Motion passed 4-0. Discussion is held regarding weight of evidence on causation, and whether physicals taken after he began service will help determine whether it was in line of duty or not in line of duty. Mr. Englehardt questions what else the Board would need to make this determination other than the pre-employment physical. Attorney Dehner advises any reports from personal physicians, or asking your personal physician his opinion on what caused it. Discussion is held regarding determination of in line or not in line of duty and the possible tax benefIts involved. Attorney Dehner advises the Board needs to make a fInding of causation. The benefIt is the same to Mr. Englehardt, with the exception of a possible tax cut. If the Board decides it was not in line of duty, Mr. Englehardt's benefIt will become effective today and he may ask the Board for further review, within 90 days, at a full hearing. Mr. Englehardt questions how it would affect him for future employment in another occupation if the Board fmds his heart attack was not in line of duty? And, how would it benefIt him to ask the Board for further review and have the decision changed to in line of duty? Attorney Dehner advises future employment will consider the fact of illness, not how it was incurred. Your benefIt will be roughly 48% either way, and you should seek the advice of a tax advisor to fmd out about any possible tax benefIt available to you based on the Board's decision. Member Gledich states the Board needs either the pre-employment physical or evidence to show in line of duty; therefore, she recommends the Board move forward and fmd not in line of duty to start Mr. Englehardt on disability pension plan. Mr. Englehardt will then have the opportunity to have another hearing within 90 days to present further evidence to prove in line. Attorney Dehner strongly recommends consulting with a tax advisor. Member Gledich, seconded by Member Coschignano moves to fInd causation not in line of duty. Motion carried 4-0. Page 2 of 3 ce - Dr(!fi Subject to Approval Attorney Dehner advises he will prepare the Order and send to the Board Chairman. Actuary Foster should be notified to prepare benefit calculation immediately. He will then direct the custodian to begin payments, which should be in effect by July 1, 2006. ADJOURNMENT Motion to adjourn is made by Chairman Wilson, seconded by Member Gledich. Motion carried 4-0. Meeting adjourned at 1 :42 p.m. Respectfully submitted, Darlene Conkling, Recording Secretary Page 3013 ~~ Drafi Subject fo Approval THE CITY OF OCOEE POLICE OFFICERS'IFIREFIGHTERS' RETIREMENT FUND BOARD MEETING - May 10,2006 Chairman Wilson called the meeting of the City of Ocoee Police Officers' /Firefighters' Retirement Trust Fund to order at 1 :50 p.m. in the Commission Chambers of City Hall. The roll was called and a quorum declared present. PRESENT: Chairman Wilson, Secretary Strickland (arrives at 2:25 p.m.), Members Coschignano, Gledich and Brown. Also present are Attorney Dehner, Money Manager Sebesta, Performance Monitor Cole, and Recording Secretary Conkling. Also attending the meeting is Betty Decker as incoming Recording Secretary. ABSENT: Actuary Foster and Administrative Officer Garcia APPROVAL OF MINUTES Chairman Wilson advises there are Minutes to be approved from the last time we met with a full Board of November 9, 2005. There are also Minutes from the Special Meeting held January 18, 2006, Board Meeting held February 8, 2006 and Special Joint Meeting held March 6, 2006. Member Gledich, seconded by Member Coschignano, moves to approve the Minutes of all meetings outlined above. Motion carried 4-0. QUESTIONS/COMMENTS FROM AUDIENCE No questions/comments from audience. AUTHORIZEIRATIFY PAYMENT OF BILLS Member Gledich, seconded by Member Brown, moved for authorization and payment of bills. Motion carried 4-0 and approved for payment of the following bills: 1. 12/08/05 2. 12/08/05 3. 12/08/05 4. 12/08/05 5. 12/27/05 6. 11/18/05 7. 01111106 8. 04/18/06 9. 04/18/06 10. 04/18/06 11. 04/25/06 12. 04/26/06 I l__ Foster & Foster Merrill Lynch Consulting Darlene Conkling Christiansen & Dehner, P .A. Michelle Jones Jonathan Mallard Paul Vance Norman Willis Jason Mcnally Darlene Conkling Michelle Johnstone for Nick Jones Sihle Insurance Group, Inc. Page 1 of4 $ 7,225.00 $ 2,301.00 $ 165.00 $ 1,509.50 $ 12,133.28 $ 7,312.35 $191,236.77 $ 2,863.03 $ 5,347.15 $ 215.00 $ 16,867.54 $ 3,648.00 ~ Draft Subject to Approval OUTCOME OF ELECTION Chairman Wilson queries whether this issue can be tabled until August since Secretary Strickland is in possession of the ballot box. Discussion is held regarding necessity of Board to certify election results for Board positions, as Chairman Wilson will retire June 14, 2006. Board discusses whether there will be a need for a special meeting to count ballots, and Board's rules for unexcused absences. Member Gledich feels compelled to advise Secretary Strickland the Board needs either his presence or his resignation so they can find someone with availability to be present at meetings. Chairman Wilson advises the Board needs to elect a Chairman, which is a very time consuming position. Attorney Dehner advises the Chairman and Secretary need to be present, but a Chairman can be elected today with that position becoming effective on Chairman Wilson's retirement date. Member Gledich feels either a Police Officer or Firefighter would be the appropriate person to serve as Chairperson, or alternatively consider hiring a plan administrator. Member Gledich recommends an action plan to ask Secretary Strickland to be present or resign, make sure Secretary duties are taken care of to take load off of Chairman, or talk about hiring an administrator. We will need to schedule a date for a special meeting to certify the election. Discussion is held regarding dates and availability. Member Brown advises we might be able to certify the election today as Secretary Strickland is on his way to meeting. REPORTS ACTUARY Absent. MONEY MANAGER Money Manager Sebesta reports they have made changes to the portfolio by liquidating the large cap growth piece. Equitable markets up 5% over the last six months. Things are back on track to finish the year on a positive note. Money Manager Sebesta concludes his report. PERFORMANCE MONITOR Performance Monitor Cole advises he will provide the Addendum to the investment policy and revised benchmark/target with clear guidelines before the next quarterly meeting. Changes will appear next quarter. Growth Fund of America will take over the weakest part of your portfolio. Their growth fund did very well against other fund management, that's why we recommended them. We will be moving money into the fund at a cheaper rate than what we Page 2 of 4 Cr, Drafi Subject to Appro1'(l1 would pay Trusco. Attorney Dehner advises Performance Monitor Cole accepts fiduciary responsibility on recommendation as stated in their contract. Money Manager Sebesta states he has sent an email to Chairman Wilson with a letter of direction for trading pertaining only to the large cap value portfolio, giving direction to use Merrill Lynch on a best execution basis. This letter needs to be signed and returned. Secretary Strickland arrives at meeting 2:25 p.m. Attorney Dehner advises the House Bill to increase International died. On the Federal side of legislation, the issue of reducing the age for early withdrawal, lump sum and drop was established at age 50. It is known as House Bill 2830, and was passed effective December 31, 2005. Attorney Dehner asks if the Summary Plan Description got distributed. Chairman Wilson acknowledges it has been distributed. Chairman Wilson requests we proceed with outcome of election. Ballot boxes are opened and ballots are counted. Secretary Strickland announces the results are 22 votes for Colby Julian and 13 votes for Ken Fisher. Attorney Dehner advises we need to keep the ballots for record retention purposes. This seat will be effective June 14,2006 at Chairman Wilson's retirement. Chairman Wilson queries how he can work with somebody to take over this position when we are governed by the Sunshine Law. Attorney Dehner advises during the transition you can talk with someone about procedural matters, as long as it is something that won't come to vote. Stick to procedures. Chairman Wilson recommends Charlie Brown for the Chairman position. Member Coschignano asks Secretary Strickland if he is comfortable with the Secretary position and available to continue. Secretary Strickland advises he has had no direction as it has been hard to spend any time with Chief Firstner. He will defer to the Attorney if he has any questions he can't answer. Secretary Strickland also mentions we are out of file space. He would like to find out requirements for keeping the material. Currently, the file cabinet is fire safe, and is stored in a fire safe room. Attorney Dehner states he should get a price for another file cabinet and give it to the Board for a check. Member Gledich, seconded by Member Coschignano, moves to grant permission to buy another filing cabinet to house the Boards records based upon need. Motion passed 5-0. Attorney Dehner reminds the Board to file Financial Disclosures before July 1 st, and strongly recommends having proof you filed (i.e. return receipt, Federal Express, etc.). He advises Chairman Wilson he has two forms to file, Form 1 and then Form IF final disclosure. Chairman Wilson announces we have a new Recording Secretary, Betty Decker. Page 3 of 4 tf Drqfi Subject to Approval Member Gledich, seconded by Member Coschignano, moves to elect Charlie Brown as Chairperson effective June 14,2006. Motion carried 4-0. .' Member Gledich inquires about the issue with Windermere insurance rebate. Do we have a status report? Attorney Dehner advises he was told three weeks ago their City Manager would speak: with their City Attorney and would let us know if they need help. We can ask our City Manager to call again, as it is a financial benefit to the City of Ocoee to receive money for benefit improvements from another source. Member Gledich advises she will speak: to our City Manager. Member Brown suggests talking to your Commissioner and let them address it. Discussion is held regarding benefit improvements and City's contribution. SET NEXT MEETING Chairman Wilson sets the next regular Board Meeting for Wednesday, August 9, 2006, at 1:00 p.m. in the Commission Chambers Conference Room at Ocoee City Hall. ADJOURNMENT Motion to adjourn is made by Member Brown, seconded by Member Coschignano. Motion carried 5-0. Member Gledich thanks Chairman Wilson for his years of service. Meeting adjourned at 3: 13 p.m. Respectfully submitted, Darlene Conkling, Recording Secretary ~ Page 4 of 4 Y1 center of Good L . <\.~e l~i~ City of Ocoee's Municipal Police Officers' and Firefighters' Trust Fund 150 North Lakeshore Drive, Oeoee, Florida 34761-2322 (407) 656-2322 MEMORANDUM TO: CHARLIE BROWN FROM: BETTY DECKER DATE: AUGUST 9, 2006 RE: SUMMARY OF PAYMENT VOUCHERS 2006-001 HOWARD WALDRON - MONTHLY $651. 98 BENEFIT EFFECTIVE JUNE 1, 2006 2006-002 SHANNON DAWKINS - RETURN OF $1,009.81 EMPLOYEE CONTRIBUTIONS 2006-003 CHRISTIANSEN & DEHNER $7,284.26 2006-004 RYAN P APP AS - RETURN OF $12,487.56 EMPLOYEE CONTRIBUTIONS 2006-005 TIM SETTER - RETURN OF EMPLOYEE $3,020.32 CONTRIBUTIONS 2006-006 FRANK HAIR - RETURN OF EMPLOYEE $6,205.23 CONTRIBUTIONS 2006-007 DARLENE CONKLING $160.00 2006-008 BETTY DECKER $270.00