08-01-2018 Disability Hearing MinutesTHE CITY OF OCOEE POLICE OFFICERS'/FIREFIGHTERS'
RETIREMENT FUND BOARD MEETING — August 1, 2018
Chairman Brown called the meeting of the City of Ocoee Police Officers'/Firefighters'
Retirement Trust Fund to order at 2:18 p.m. in the Commission Chambers of City Hall.
PRESENT: Chairman Charles Brown, William Maxwell, Trey Littlefield, Bryan Pace
ABSENT and EXCUSED: Joe Moy
Others present: Fund Attorney Lee Delmer, Fund Administrator Pete Prior of Benefits USA.
Inc., former Plan Member Stephanie Rodriguez, her therapist Mr. Mallory Gabriel, and
Mr. cThomas Scher the Attorney for the Plaintiff.
CALL TO ORDER —
Roll call and determination of quorum. The roll was called and a quorum declared present.
NEW BUSINESS
Stephanie Rodriquez Disability Hearing
The Chairman noted that this is a formal disability hearing for Stephanie Rodriguez and that she
has provided witnesses.
Attorney Delmer addressed the board noting that the Board had a disability order in May 2018
and which was denied based on the fact that Ms. Rodriguez was not an active employee when
she applied for the disability. He reported that she is now asking the Board for further
consideration at a formal hearing. Mr. Dehner noted that the Board still has multiple issues; the
hearing, a termination issue, as well as whether or not she is totally and permanently disabled to
perform the duties of a Police Officer. With respect to the termination, she was terminated for
disciplinary reasons not medical reasons. There was a workers' comp claim and agreement that
provided that she be reinstated for one day in order to be considered for a disability. However,
that is a Board decision and not the City's. The issue there is that when she was reinstated for
one day was she able to perform the duties of a Police Officer? Mr. Dehner noted that the
Board's decision must be supported by #1 substantial and competent evidence, #2 they must
comply with the central products of the law as related to the Pension Ordinance and #3 the
procedure of providing due process which is what they are doing today.
Chairman Brown said that the attorney can begin opening statement for no more than 10 minutes
then they will call the witness, then after that, the claimant and the testimony of the witness. The
plaintiff's attorney Mr. Thomas Scher addressed the board noting his client is suffering from
PTSD from a call she was on. They are assessing the issue of whether or not she was an
employee at the time and if she is totally and permanently disabled. The applicant's attorney
noted that she was terminated, then reinstated for one day then terminated again for medical
reasons. That being said the Chairman noted that applicant's attorney call on the therapist
Mallory Gabriel as a witness. Mr. Gabriel was sworn in and testified under oath. Mr. Gabriel
provided a history of his background, his education, and his employer noting that he was a
mental health counselor for Gilstrap and Associates.
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Attorney Dehner asked how long he was working there. Mr. Gabriel said since 2014. Mr.
Dehner asked him if he was able to perform a diagnosis on whether Ms. Rodriguez was the
disability was total and permanent. Mr. Gabriel answered that he did think the disability is
permanent. Mr. Delmer asked if he was familiar with Dr. Kaplan's report and did he get a
chance to review the Independent Medical Evaluation. Mr. Gabriel said yes. Mr. Dehner asked
Mr. Gabriel if Ms. Rodriguez received treatment, would she recover? Mr. Gabriel said yes.
That being said, the Board had no further questions.
Attorney Dehner addressed the board regarding the disability pension, noting the ordinance
speaks about the employee being in active status to be eligible to apply for the disability.
Attorney Delmer said based on the preponderance of the evidence provided by the applicant, the
board would have to make a determination.
Trustee Maxwell commented that he would like additional time to review more documents.
Attorney Dehner said we could have Dr. Kaplan attend a future meeting and address the issues
the Trustees may have regarding the matter. Trustee Maxwell stated he does not want to make a
decision today due to the potential ramifications it may have to the board and other members of
the plan. A motion was made by Trustee Maxwell to have a continuance with a date to be
determined and additional witnesses from the plaintiff and the board. Trustee Littlefield
seconded the motion and the motion passed.
Next Regular Meeting date: November 7, 2018 at 1:00 pm.
Adjournment: The meeting adjourned at 3:56 pm.
Respectfully submitted by,
Contact the City Clerk's Office to listen to an electronic copy of the complete minutes.
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