11-19-2018 Disability Hearing MinutesTHE CITY OF OCOEE POLICE OFFICERS'/FIREFIGHTERS'
RETIREMENT FUND SPECIAL MEETING
STEPHANIE RODRIGUEZ DISABILITY CONTINUANCE— November 19, 2018
Chairman Brown called the meeting of the City of Ocoee Police Officers'/Firefighters' Retirement
Trust Fund to order at 1:15 p.m. in the Commission Chambers of City Hall.
PRESENT: Chairman Charles Brown, William Maxwell and Trey Littlefield
ABSENT and EXCUSED: Joe Moy and Bryan Pace
Others present: Fund Attorney Lee Dehner, Fund Administrator Livia Giuliani of Benefits USA.
Inc., former Plan Member Stephanie Rodriguez, Mr. Jerry Gurley Attorney for the Plaintiff, City
Representative Gene Williford and Dr. Eric Kaplan
CALL TO ORDER —
Roll call and determination of quorum. The roll was called and a quorum declared present.
NEW BUSINESS
Stephanie Rodriquez Disability Hearing
Attorney Dehner opened by saying that this is Ms. Rodriguez full hearing and noting that there
are witnesses to hear from. Attorney Dehner addressed the board regarding the legal standards
for the Plan for consideration of the full hearing noting that #1 the decision must be supported by
substantial and competent evidence, #2 they must comply with the central requirements of the
law with regards to the Pension Ordinance which allows the Board to review the information
before them and #3 they must provide the due process to the Claimant which has already been
done and continued to do.
He also noted that they only have a 3 -member board today and asked the plaintiff if they would
like to move forward today. The plaintiff s attorney said yes.
The Chairman opened the floor for any comments and to present any witnesses. Mr. Gurley
introduced himself as the attorney for Ms. Rodriguez asked the Board. Mr. Gurley asked that the
Board review the previous testimony from the last time when Mr. Mallory Gabriel was present
and said that his testimony was consistent. Attorney Dehner noted that the last hearing was the
initial hearing and the Board allowed the testimony and all documentation was submitted and
reviewed by the Board.
Mr. Gurley called Mr. Gene Williford Human Resources/Risk Manager for the City was called
for his testimony. Mr. Gurley asked Mr. Williford how long he was employed at the City. Mr.
Williford said since October 1, 2010. Mr. Gurley asked him if he was familiar with Ms.
Stephanie Rodriguez. Mr. Williford said he knew her at that time as Stephanie Roberts. Mr.
Gurley asked if Ms. Rodriguez was a certified police officer. Mr. Williford said yes. Mr. Gurley
asked if Ms. Rodriguez resigned or was she terminated. Mr. Williford said she was terminated.
Mr. Gurley asked Mr. Williford if he was aware that Ms. Rodriguez was terminated for medical
reasons. Mr. Williford said she was terminated from the department based on reasons of policy.
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Mr. Gurley said Ms. Rodriguez was reinstated for one day and was she reinstated as a police
officer? Attorney Dehner asked when Ms. Rodriguez was rehired, was she able to meet the
description of a police officer? Mr. Williford said he would have to defer to the Board for the
definition. Attorney Dehner reported that as defined in ordinance the employee must be an
active full time employee and certified as a police officer fully vested with authority to bear arms
and make arrests. Mr. Williford said he has to defer to City council on that. He said they
reinstated Ms. Roberts for one day and terminated her based upon department policy but her
attorney Employed by the City on the 1St from 8:00 until 5:00 pm that afternoon but she never
came on the premises.
Attorney Dehner noted that Ms. Rodriguez had an Independent Medical Evaluation performed
by Dr. Eric Kaplan who is present today and was called for his testimony. Dr. Kaplan introduced
himself to the Board noting that he was the physician who performed the medical evaluation on
Ms. Rodriguez. Dr. Kaplan spoke briefly about his credentials and experience.
Attorney Dehner asked Dr. Kaplan if he testified in expert in expert and administrative
proceedings such as these today. He noted that he has testified in the State of Florida for police
officers and firefighters who applied for disabilities. Were you acquainted with Ms. Rodriguez?
He noted that in his evaluation and based on the medical records and criteria her condition was
mild. Attorney Dehner asked Dr. Kaplan if he heard what the provision required in the
Ordinance for disability is permanent and total inability to render useful service of a police
officer. Attorney Dehner asked if he had an opinion. Dr. Kaplan stated in his opinion that not
temporarily able to perform duties of a patrol officer but she could not perform useful service of
light duty as a police officer. Attorney Dehner asked if Ms. Rodriguez would recover from this
condition. Dr. Kaplan said that with proper treatment and medication she would recover.
Dr. Kaplan was excused.
After the testimony of the witnesses, it was the determination of the Board that Ms. Rodriguez
did not meet the requirements to receive a disability from the Fund.
Next Regular Meeting date: January 30, 2019, at 1:00 pm
Adjournment: The meeting adjourned at 3:00 pm.
tted by,
Contact the City rk's Office to listen to an electronic copy of the complete minutes.
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