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Pension04-21-15MinBOARD OF TRUSTEES Florida Municipal Trust Fund Retirement Plan and Trust for the Firefighters and Police Officers Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida REGULAR MEETING AGENDA April 21, 2015 Present: Greg Vanatta, Chair Robert Redditt, Vice Chair Marc McLarnon, Secretary Gary Gillett, Member Chris Kempf, Member Scott Christiansen, Board Attorney Paul Shamoun, Florida League of Cities Matt Dickey, Florida League of Cities Michelle Longo, Recording Secretary Also Present: Lee Ricci, Human Resources Director Mr. Paul Kelly, Attorney for Mr. Anthony Morse Mr. Anthony Morse 7:00 p.m. 1. Call to Order. Chair Vanatta called the meeting to order at 7:12 p.m. 2. Pledge of Allegiance. 3. Disability Hearing of Mr. Anthony Morse. Chair Vanatta opened the meeting and stated they have a case for Mr. Anthony Morse, who has applied for disability benefits. He then turned the meeting over to Mr. Christiansen. Attorney Christiansen stated this is the Initial Disability Hearing for Mr. Morse, explained the process and what the Board reviews. He said they are at the initial disability hearing stage and the Board has three (3) options to consider: grant the disability pension, deny the disability pension, or recess in order to obtain more information to bring back and still be in the initial hearing stage. He stated if the Board grants the disability pension, the benefit becomes effective today and there is nothing else the board has to do, the process is complete. He also explained the process if the Board were to deny. He explained this case was a quasi-judicial proceeding and the standard of proof was a preponderance of the evidence, rather than the standard being beyond a reasonable doubt. He then stated that the burden of proof is on the Claimant. He specified his job as the Board Attorney, was to collect the records and to answer any legal questions that may come up regarding those records and the criteria. He proceeded to go over the criteria in the Plan. He stated any member who shall become totally and permanently disabled to the extent they are unable, by reason of medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability was directly caused by the performance of their duties as a Police Officer shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension. He explained the difference between totally and permanently disabled. Totally disabled means that the claimant is unable to render useful and efficient service as a Police Officer, not that he can't perform the duties required for another profession. Permanently disabled means that the claimant has a condition that will not be improved substantially as a result of any additional treatment. He said in this case, in order for the Board to find the Claimant to be totally and permanently disabled, the Claimant's disability must not have been occasioned primarily by: excessive or habitual use of any drugs, intoxicants, or narcotics; injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections or while committing a crime; injury or disease while serving in any branch of the Armed Forces; injury or disease sustained by the Member after his employment as a Police Officer with the City of Longwood shall have terminated; and lastly, injury or disease sustained by the Member while working for anyone other than the City and arising out of such employment. He said the Board also has to decide if the Claimant's disability occurred as a result of his service In -Line of Duty. He stated the Claimant does not qualify for Not -in -Line of Duty benefits because he only has seven (7) years of service, which means if the Board does not find that the disability occurred as a result of his duties as a Police Officer, he is not entitled to a disability pension because Not -in -Line of Duty benefits require ten (10) years or more of service. He went over the surgeries and treatments that Mr. Morse has had, which included, epidural injections, physical therapy, and a cervical discectomy and a fusion. Records were collected from Sea Spine Orthopedics, Envision Physical Therapy, Dr. John Madlener and Dr. David Libert from AdvantaCare Florida, Dr. Chetan Patel, and Dr. Steven Weber from Orlando Orthopedics. He said Mr. Morse was also sent for an Independent Medical Evaluation to Dr. Robert McShane from Orthopedic Center of Titusville. He then went over the results of that examination and said that Dr. McShane stated he did believe that the Claimant was at maximum medical improvement, but that the Claimant was not totally and permanently disabled by performing his duties as a Police Officer. Dr. McShane stated in his evaluation that with some exceptions, he cannot find any reason to claim the Claimant as disabled. Mr. Paul Kelley, Mr. Anthony Morse's Attorney, went over the three (3) Workers Compensation claims and timeline. He said the first claim was for an injury which resulted from Driver Training/Pit Maneuvers Training on July 13, 2013. The second claim was for an injury which occurred when his foot got wrapped around a computer cable causing him to fall on his left shoulder and arms on December 31, 2013; these claims were accepted by the City after investigation. The third claim was hypertension, which was denied by the City. He went over the surgery his client had and the physical therapy he received pre and post- 0 surgery. He also went over Dr. Libert's Physician's Report and pointed out how Dr. Libert stated Mr. Morse cannot perform present work, but is capable of performing another line of work. Dr. Libert's Report noted that Mr. Morse's disability was due to an on job injury and said the dates of injury were July 31, 2013 and December 13, 2013. He continued to discuss the results and recommendations provided by the doctors Mr. Morse had seen and noted that four (4) of the Physician's advised light -duty of no law enforcement. He stated his concerns with Dr. McShane's report and does not believe Dr. McShane understood that Mr. Morse isn't asking for disability to never work again, he's claiming it because he can no longer perform the duties of a Police Officer. He states his client meets all the criteria for in -line disability pension because Mr. Morse can no longer perform the duties of a Police Officer and there is no treatment available that will guarantee he will be able to go back to work. He said he had asked Chief Hickson if the Police Department has permanent light -duty work available and they do not. He made the Board aware that Mr. Morse has not been terminated, he is on a leave of absence pending the Boards decision. Attorney Christiansen opened up the floor to questions by the Board to discuss the facts and criteria. Discussion ensued about the facts and criteria, as well as questions being answered by both Attorney Christiansen and Attorney Kelly. Chair Vanatta asked if Mr. Morse had anything he would like to say to the Board. Mr. Morse stated he would love to come back as a Police Officer if he could, but he does not want to put any officers' life in danger, including his own. Vice Chair Redditt made a motion to obtain an additional Independent Medical Examination. Seconded by Member Gillett. Discussion on granting an extension ensued. Attorney Kelley said Mr. Morse would prefer to get this done tonight and is rejecting the time extension. Vice Chair Redditt withdrew his motion. Member Gillet withdrew his second. Secretary McLarnon moved to approve the Claimant's request for In -Line of Duty Disability Retirement. Seconded by Member Kempf and carried by a unanimous roll call vote. 4. Approval of Minutes: January 20, 2015 Regular Meeting. Secretary McLamon moved to approve the minutes as presented. Seconded by Vice Chair Redditt and carried by a unanimous roll call vote. 5. Review of Agenda Packet Material. A. Plan Account Statements (December 2014, January 2015 and February 2015). Chair Vanatta noted that the Beginning Balance for December 2014 was $11,879,174.08, the Contributions were $19,728.98, the Losses were $78,096.42, the Distributions were $2,119.11, the Fees and Expenses were $3,264.01, and the ending Balance was $11,815,423.52. Chair Vanatta noted that the Beginning Balance for January 2015 was $11,815,423.52, the Contributions were $20,339.02, the Losses were $82,920.65, the Distributions were $2,119.11, the Fees and Expenses were $18,178.56, and the ending Balance was $11,732,544.22. Chair Vanatta noted that the Beginning Balance for February 2015 was $11,732,544.22, the Contributions were $21,680.38, the Earnings were $416,215.17, the Distributions were $2,119.11, the Fees and Expenses were $0.00, and the ending Balance was $12,168,320.66. Member Kempf would like a report on the Drago Fund next meeting. B. Quarterly Performance Review. Chair Vanatta noted the Quarterly Summary is for October 1, 2014 through December 31, 2014, had a Beginning Balance of $11,426,904.09, the Contributions were $90,709.16, the Earnings were $314,561.63, the Distributions were $6,357.33, the Fees and Expenses were $10,394.03, and the Ending Balance was $11,815,423.52. Vice Chair Redditt moved to approve both Items 5A and 5B as presented. Seconded by Member Kempf and carried by a unanimous voice vote. Matt Dickey went over the Summary of Performance Returns of the Quarterly Summary. C. Invoices. a. Christiansen & Dehner, P.A. (December 2014, January 2015 and February 2015). Discussion ensued about the format of the invoices. The Board came to a consensus that all invoices should be listed on a summary page, not just the Board Attorney's. Secretary McLarnon moved to approve as presented. Seconded by Vice Chair Redditt and carried by a unanimous voice vote. 4 6. Other Business. A. Discussion on Operating Rules and Procedures. Attorney Christiansen requested that the Board give him authorization to update the Operating Rules and Procedures. Vice Chair Redditt moved to approve Attorney Christiansen's request to update the Operating Rules and Procedures. Seconded by Member Gillett and carried by a unanimous voice vote. 7. Board Attorney Report. Attorney Christiansen stated that the financial disclosure forms will be out shortly and they need to be filed by July 1st. He said Senate Bill 172, which Florida League of Cities is against, is still pending in Tallahassee and it looks like it may go. He explained that the public records exemption regarding personal information of Police Officers and Firefighters does not automatically apply to the Pension Board, who is another custodian of that information. The employer, in this case the City, needs to sign form Pension Form #1 (PF-1) which requests that the Board keeps that information confidential. 8. Member Comments. Member Kempf stated a firefighter is wanting information on retirement benefits he may be eligible for, but without having to file a letter of intent to retire. Attorney Christiansen said he should be receiving a certificate from the Actuary each year with an estimate, which he could refer to as a minimum. Mr. Dickey also stated to refer to the certificate from the Actuary as a minimum. 9. Public Participation. Mr. Dickey provided upcoming dates for Police and Fire School, as well as FPPTA classes. Attorney Christiansen stated each Member needs to go once a term. 10. Adjournment. Chair Vanatta adjourned the meeting at 9:14 p.m. Greg Vanatta, Chair This page left blank intentionally.