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<strong>MINUTES</strong><br />

<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM<br />

BOARD <strong>OF</strong> TRUSTEES<br />

REGULAR MEETING<br />

<strong>OMAHA</strong>/DOUGLAS CIVIC CENTER, LEGISLATIVE CHAMBERS<br />

1819 FARNAM STREET, <strong>OMAHA</strong>, NEBRASKA<br />

THURSDAY, JANUARY 18, 2007; 1:30 P.M.<br />

The regular meeting of the City of Omaha Police and Fire Retirement System Board of Trustees<br />

was held on Thursday, January 18, 2007, in the Legislative Chambers of the Omaha/Douglas<br />

Civic Center, 1819 Farnam Street.<br />

MEMBERS PRESENT: James Sklenar, Chairperson<br />

Anthony Lang, Vice Chairperson<br />

Thomas Kratochvil, Secretary<br />

Carol Ebdon, Finance Director<br />

Chuck Sigerson, City Councilmember<br />

Tom Marfisi, Human Resources Director<br />

MEMBER ABSENT: Raymond J. Hasiak, Jr., Citizen Representative<br />

AMONG OTHERS PRESENT: Jo Cavel, Assistant City Attorney<br />

Anne Yirak, Benefits Division<br />

Maureen Guilfoyle, Recording Secretary<br />

INVESTMENT COMMITTEE REPORT<br />

Mr. Lang advised there was no report from the committee at this time.<br />

ELECTION <strong>OF</strong> <strong>OF</strong>FICERS<br />

MOTION by Mr. Marfisi, seconded by Mr. Sigerson, to retain the current slate of officers: Chair:<br />

James Sklenar; Vice Chair: Anthony Lang; Secretary: Thomas Kratochvil.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

APPROVAL <strong>OF</strong> <strong>MINUTES</strong>: DECEMBER 21, 2006, REGULAR MEETING<br />

MOTION by Mr. Sigerson, seconded by Mr. Marfisi, to approve the minutes of the December 21,<br />

2006, regular meeting.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Sklenar<br />

Abstained: Lang<br />

Motion Carried: 5-0 (1 member abstained; 1 member absent)


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 2<br />

NEW BUSINESS<br />

REQUEST FOR APPROVAL - SERVICE CONNECTED DISABILITY PENSIONS<br />

FONFARA, Jr., Thomas J., Fire Apparatus Engineer, Fire Department<br />

Age 57 Served 32 years 1 month<br />

Retirement Date: 1/18/07 Monthly Pension: $ 6503.14 (73%)<br />

Mr. Fonfara was present at today’s meeting and spoke to the board. He explained that he was<br />

requesting a service-connected disability for back and right leg disorders. Mr. Fonfara<br />

explained the circumstances of his on-the-job injuries and responded to questions from board<br />

members. Mr. Sklenar noted that in Steve Kerrigan’s accommodation report, he reported that<br />

Mr. Fonfara was working active duty with no restrictions. Mr. Fonfara stated he understood the<br />

situation and that he wished to preserve his right to come back before the board if his medical<br />

condition declined and he had new evidence to present.<br />

MOTION by Mr. Sigerson, seconded by Mr. Kratochvil, to deny the request by Fire Apparatus<br />

Engineer Thomas Fonfara for a service-connected disability.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

Mr. Fonfara asked that he be granted a service retirement effective today’s date.<br />

MOTION by Mr. Sigerson, seconded by Mr. Lang, to approve the request by Fire Apparatus<br />

Engineer Thomas Fonfara for a service retirement effective today’s date.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

Mr. Sklenar thanked Mr. Fonfara for his years of service to the City.<br />

HAJEK, David G., Fire Captain, Fire Department<br />

Age 52 Served 28 years 3 months<br />

Retirement Date: 1/19/07 Monthly Pension: $ 6532.38 (73%)<br />

Mr. Hajek was present at today’s meeting and spoke to the board. He stated he was requesting<br />

a service-connected disability for Hepatitis C. Mr. Hajek explained in 1991 he tested positive for<br />

Hepatitis C. He suffers from chronic fatigue as a result of his contact with the infectious<br />

disease. Mr. Hajek discussed the doctor reports and stated the illness has not caused him to<br />

lose days at work but the fatigue is an issue in his life. Mr. Sklenar asked Mr. Hajek where he<br />

was currently working, and Mr. Hajek stated his last day of work was December 30, 2006. He is<br />

using some personal leave days and will retire tomorrow. He stated his last work assignment<br />

was Engine 56 off of 164 th and Pacific. Mr. Sklenar advised Mr. Hajek the board has some<br />

difficulty with employees who are working hurt and still coming to work every day and doing the<br />

job. Mr. Hajek stated it appears the board makes their decision on a disability on how many<br />

days of work did the employee miss or how did the injury or illness affect the employee to the<br />

point where he had to lose days at work. He stated he understood that, but he is part of a<br />

generation that got a good work ethic from their fathers. Mr. Hajek stated in 28 years he missed


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 3<br />

only two days of work. He stated he appreciated the fact that he could preserve his right to<br />

return to the board in the future. Mr. Lang told Mr. Hajek that if the employee is still performing<br />

his job when he leaves, it is hard to say that he is disabled and the board has to look at the<br />

evidence that is presented and make the decision on that.<br />

Mr. Marfisi stated he would move to deny the disability pension and not necessarily just the fact<br />

that Mr. Hajek has been working, but the entire medical record that is before the board today<br />

and the lack of any medical record or doctor’s testimony as to his inability to perform the job.<br />

MOTION by Mr. Marfisi, seconded by Ms. Ebdon, to deny the request by Fire Captain David<br />

Hajek for a service-connected disability based upon the entire record.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

Mr. Hajek asked that he be granted a service retirement effective January 19, 2007.<br />

MOTION by Mr. Sigerson, seconded by Mr. Marfisi, to approve the request by Fire Captain<br />

David Hajek for a service retirement effective January 19, 2007.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

Mr. Sklenar thanked Mr. Hajek for his years of service to the City.<br />

HODGES, David L., Fire Captain Paramedic, Fire Department<br />

Age 57 Served 28 years 3 months<br />

Retirement Date: 1/18/07 Monthly Pension: $ 6512.78 (73%)<br />

Mr. Hodges was present at today’s meeting and spoke to the board. He explained that he was<br />

requesting a service-connected disability for hearing loss. The board had received medical<br />

reports prior to the meeting offered in Exhibits 1 and 2. Mr. Hodges distributed a two-page<br />

report to board members at the meeting and it was marked as Exhibit 3. The report provided<br />

information regarding Mr. Hodges’ work history, annual hearing history, general orders and<br />

miscellaneous information. Mr. Hodges offered testimony regarding his hearing loss during his<br />

years on the Fire Department. He indicated that he became a firefighter in 1978 and the City<br />

did not start their hearing program until 1997. He had a baseline hearing test in 1978. When he<br />

was tested in 1997 for the hearing program, there was a considerable hearing loss shift. He<br />

reported that during these years, fire apparatus did not have covered cabs and he was exposed<br />

to siren and air horn noise from devices mounted just above his head. From 2000 to today, Mr.<br />

Hodges’ hearing loss has changed very little because he was wearing department issued<br />

hearing protection. Mr. Hodges stated he purchased hearing aids on his own and was<br />

eventually reimbursed for them by the City under Worker’s Compensation.<br />

Mr. Hodges stated he was in the Nebraska Air National Guard and the Air Force Reserve and<br />

referred board members to letters submitted on his behalf by officers who served with him. The<br />

letters, from Assistant Fire Chief Operations Vincent Mahoney and Colonel Mark A. Culbertson,<br />

USAFR, indicated that Mr. Hodges’ duties were such that he was not exposed to excessive<br />

noise while serving in the military.


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 4<br />

Mr. Hodges referred the board to reports from Dr. Quinlan and Dr. Schack. He stated both<br />

reports indicate a lot of his hearing loss was prior to having hearing protection. Mr. Lang stated<br />

the report from Dr. Schack was the independent medical evaluation and stated Mr. Hodges’<br />

hearing loss is from previous noise exposure and age. Mr. Lang stated Dr. Schack’s report<br />

does not get into it that his hearing loss is job-related. Mr. Sklenar stated there is a report from<br />

Steve Kerrigan indicating Mr. Hodges is able to perform his job and that there is no need for an<br />

accommodation. Mr. Hodges agreed that getting hearing aids have helped him do his job.<br />

The recording secretary, Ms. Guilfoyle, stated that Dr. Schack performed the IME on Mr.<br />

Hodges but the doctor’s report did not answer all of the questions Paul Murphy, Benefits and<br />

Compensation Manager, posed to him. As a result, Susan Thurman has contacted the<br />

company that set up the evaluation and has asked if Dr. Schack would answer those questions<br />

in more detail. Ms. Guilfoyle wanted board members to be aware of that before they made their<br />

decision. Mr. Sklenar asked if the board had Dr. Schack’s response in the packet. Ms.<br />

Guilfoyle stated it was in the packet but all of the questions were not answered. Mr. Lang stated<br />

the IME may be incomplete at this time, but he stated the report from Dr. Schack does not trace<br />

any hearing loss of Mr. Hodges to being job related. Mr. Hodges stated perhaps Dr. Schack did<br />

need to answer all of the questions. Mr. Lang stated Dr. Schack said the hearing loss was<br />

from previous noise exposure, but that can be from anywhere. Mr. Lang stated from the board’s<br />

standpoint of what Dr. Schack is saying, it is not traceable back to the job. Mr. Lang stated<br />

based on the information the board has now, he would make a motion to deny Mr. Hodges’<br />

request for a service-connected disability because of the evidence in front of the board. Board<br />

members then discussed the possibility of laying this item over until Dr. Schack responds to the<br />

questions or the board could call for the vote at this time. Mr. Marfisi suggested laying the item<br />

over so Dr. Schack can tell the board whether or not Mr. Hodges is disabled from performing the<br />

duties of a firefighter. Mr. Marfisi stated the City hired Dr. Schack to perform an IME and he has<br />

not given the board the answer to the question of whether or not Mr. Hodges is disabled<br />

because of his hearing loss from performing the firefighting duties he has been performing. Mr.<br />

Sklenar asked Mr. Hodges what would work out best for him – did he want the matter laid over<br />

or did he want to take a regular retirement today with the right to come back to the board with<br />

that additional evidence from Dr. Schack. Mr. Hodges stated he needed to retire. He asked if<br />

he would come back to the board next month. Mr. Sklenar stated it would be whenever Mr.<br />

Hodges had the new information from Dr. Schack. Mr. Sklenar advised Mr. Hodges that if he<br />

took a service retirement today, he would need to provide new evidence of his disability at a<br />

future meeting for reconsideration by the board. The new information would be the completed<br />

IME report from Dr. Schack. Mr. Hodges stated he understood. Mr. Marfisi stated he would<br />

like to withdraw his previous motion for a layover and make a new motion to deny Mr. Hodges<br />

the disability retirement. He added that the Human Resources Department should continue to<br />

ask Dr. Schack to comply with answering the critical questions that were requested regarding<br />

Mr. Hodges’ hearing loss and provide that information to Mr. Hodges and to the board. Mr.<br />

Hodges said that would be fine.<br />

MOTION by Mr. Marfisi, seconded by Mr. Kratochvil, to deny the request by Fire Captain David<br />

Hodges for a service-connected disability.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 5<br />

Mr. Hodges asked that he be granted a service retirement effective today’s date.<br />

MOTION by Mr. Marfisi, seconded by Mr. Sigerson, to approve the request by Fire Captain<br />

David Hodges for a service retirement effective today’s date.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

Mr. Sklenar thanked Mr. Hodges for his years of service to the City.<br />

KAFKA, Gary L., Battalion Fire Chief, Fire Department<br />

Age 56 Served 28 years 3 months<br />

Retirement Date: 1/19/07 Monthly Pension: $ 7140.58 (73%)<br />

Mr. Kafka was present at today’s meeting and spoke to the board. He stated that he was<br />

requesting a service-connected disability for sarcoma. Mr. Kafka explained he was diagnosed<br />

with myxoid spindle cell sarcoma in 1984. He was 34 years old and had been an Omaha<br />

firefighter for six years. He was treated for the cancer in 1984 and has remained cancer-free<br />

since that time. He stated he was requesting a service-connected disability and making the<br />

claim at this time to preserve his right to come back to the board if he has a reoccurrence of the<br />

cancer. Mr. Sklenar asked Mr. Kafka if he had been exposed to any particular carcinogens as a<br />

firefighter. Mr. Kafka stated he was at multiple fires at the beginning of his career, and one fire<br />

in particular was at Midland Chemical at 13 th and Leavenworth. He stated he could recall that<br />

the water runoff from the building was green and brown and various other colors. Mr. Lang<br />

asked Mr. Kafka if the doctors gave him any particular cause for the cancer. Mr. Lang stated<br />

that he did not see anything in the reports indicating that the cause for the cancer was anything<br />

to do with his job duties. Mr. Kafka stated the doctors did not relate it to the job. He stated he<br />

wanted this on the record in case something was proven in the future so he could come back to<br />

the board.<br />

MOTION by Mr. Lang, seconded by Mr. Kratochvil, to deny the request by Battalion Fire Chief<br />

Gary Kafka for a service-connected disability.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

Mr. Kafka asked that he be granted a service retirement effective January 19, 2007.<br />

MOTION by Mr. Sigerson, seconded by Mr. Lang, to approve the request by Battalion Fire Chief<br />

Gary Kafka for a service retirement effective January 19, 2007.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

Mr. Sklenar thanked Mr. Kafka for his years of service to the City.


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 6<br />

ROBEY, Steven J., Fire Captain, Fire Department<br />

Age 53 Served 28 years 3 months<br />

Retirement Date: Monthly Pension: $ 5955.88 (73%)<br />

Mr. Robey was present at today’s meeting and spoke to the board. He explained that he was<br />

requesting a service-connected disability for disorders to the neck, shoulders, lower back and<br />

left index finger. Mr. Robey presented board members with a one-page report outlining his onthe-job<br />

injuries, and it was marked as Exhibit 2. The report provided the following details. Mr.<br />

Robey suffered a back injury (L4-5 & L5-S1) on 2/25/93 while pulling a 5-inch large diameter<br />

hose to a fire hydrant just after an ice storm and he slipped off a curb, landing on the air pack he<br />

was wearing. The report indicates Mr. Robey continues to have problems with his back but<br />

keeps it under control by using an E-stim device, medication and self-traction. On 2/19/03, Mr.<br />

Robey was involved in an auto accident while on duty at 90 th and Grand Avenue and fractured<br />

his sternum, tore cartilage loose in his chest wall, collapsed the center lobe in his right lung, tore<br />

the rotator cuff in his right shoulder, suffered impingement in the left shoulder, herniated disks in<br />

neck, and injured his right knee. He had two cervical steroid injections in his neck, four or five<br />

injections in his shoulders, rotator cuff surgery, neck surgery, and many sessions of physical<br />

therapy with a continuing home therapy program for both his neck and shoulders. Mr. Robey’s<br />

report indicates that a loss of earning power analysis resulted in a 40-pound weight restriction,<br />

limited to occasionally reaching above the shoulder and not to use his head and neck in static<br />

positions or in positions that require frequent flexing. The report further states that his left index<br />

finger was broken in two places on 3/28/06 when his left hand was smashed in between two<br />

freight elevator doors. He had surgery on the broken bones but the finger did not heal as well<br />

as the doctor had hoped for. Mr. Robey reported that he has very limited use of his left index<br />

finger and may need an artificial knuckle or some other surgeries sometime later on.<br />

Mr. Robey stated that after his vehicle accident, he took an assignment in the Technical<br />

Services Bureau and has been there for the past three years. When he took the position, he<br />

told the Assistant Chiefs he would need some help or support and was told that was no<br />

problem. Mr. Sklenar asked Mr. Robey what his duties were in the bureau. Mr. Robey stated<br />

this assignment was mostly administrative duties.<br />

Mr. Robey stated one of his goals on the Fire Department was to become a Battalion Chief. He<br />

stated he has taken the test and has done fairly well, but since the accident he has not been<br />

able to study because he cannot bend his neck down long enough to read, and his hands don’t<br />

work like they should so he would have trouble in the assessment center trying to write enough<br />

to get through it. He stated that was one of the reasons he was asking for a service-connecteddisability<br />

retirement because he feels he is as far as he can go on this job and due to his injuries<br />

there is no more advancement for him.<br />

Mr. Sklenar asked Mr. Robey if he had any restrictions that prevented him from doing the job he<br />

is doing. Mr. Robey stated he is restricted from going back to a fire truck. He cannot take the<br />

Chief’s test so he can advance. Mr. Sklenar stated the packet indicates Mr. Robey is active<br />

duty and asked him if he is being accommodated in his job duties. Mr. Robey stated he was.<br />

He cannot lift heavy objects and has to get someone to do that for him. That is how he is being<br />

accommodated. Mr. Sklenar asked if the job in Technical Services was a formal<br />

accommodation. Mr. Robey said no, it was just an agreement between him and the Assistant<br />

Chiefs. Mr. Lang told Mr. Sklenar that there is a Captain position assigned to the Technical<br />

Services Bureau. He asked Mr. Robey if he was in there on an ADA accommodation. Mr.


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 7<br />

Robey stated he was not. Mr. Sklenar advised that Mr. Kerrigan’s report stated Mr. Robey was<br />

not being accommodated. Mr. Sklenar stated Mr. Robey has been given some latitude that has<br />

allowed him to stay working, such as not lifting over a certain amount of weight. Mr. Robey<br />

stated that was correct.<br />

Mr. Lang stated he did not see anything in the reports where Mr. Robey was sent for an<br />

independent medical examination. Ms. Yirak stated there was no IME performed, that most of<br />

his injuries were taken care of under the City of Omaha Worker’s Comp, and there are reports in<br />

the packet that they felt contained enough information for the board. Mr. Lang stated he<br />

believed Mr. Robey should have had an IME performed and that he did not want to make a<br />

decision on this case without one. Mr. Robey asked if the report from Helen Long from B & H<br />

Services was an IME. Mr. Kratochvil stated it was not because she is not a medical doctor. He<br />

stated it was a loss of earning power analysis. Mr. Kratochvil also indicated that Ms. Long<br />

states in her report that Mr. Robey has the ability to continue to be employed in the job that<br />

meets his physical restrictions. The report stated Mr. Robey should have no difficulty<br />

maintaining employment. Mr. Kratochvil stated the report from Ms. Long basically states Mr.<br />

Robey can work, and there is no IME stating he cannot work. Mr. Robey reiterated his belief<br />

that he is stuck where he is at and cannot progress up to Battalion Chief due to his physical<br />

limitations. Mr. Kratochvil agreed that Mr. Robey had a lot of documentation that he had<br />

suffered injuries on the job, but the documents do not have a report from a doctor stating that<br />

because of those injuries, Mr. Robey is unable to work. Mr. Robey stated he cannot perform his<br />

job duties without help from someone in regard to heavy lifting. He stated he has relied on<br />

someone at the department for this help but that person is no longer available, so he feels he<br />

truly cannot do his job. Mr. Marfisi stated it is the City’s responsibility to furnish that help to Mr.<br />

Robey within reason and that if it changes, he can go back to his Assistant Chiefs to take care<br />

of that too. Mr. Marfisi also informed Mr. Robey that he had the right to have an<br />

accommodation in taking the Battalion Chief’s test. He did not need to write as fast as the next<br />

person. If he needed time to study, that could be done on City time. Mr. Marfisi stated all of<br />

those things could be accommodated to employees under the federal law that the City must<br />

comply with. Mr. Marfisi told Mr. Robey that was available to him or any other employee who<br />

feels they need help to take a test. Mr. Marfisi stated the City has provided that help to many<br />

employees, so he wanted Mr. Robey to be aware of that. Mr. Robey stated he had a problem<br />

reading because his neck starts hurting, and that would be the same issue when he took the<br />

Battalion Chief’s test unless someone actually read the questions to him. Mr. Marfisi stated that<br />

has been done in the past although it is more common that an employee has been allowed time<br />

on the job to study for an exam. Mr. Robey stated no matter how much he studied, he does not<br />

feel he can be competitive in taking the exam due to his injuries. Mr. Marfisi stated that could<br />

be a concern to Mr. Robey, but the fact was that the pension board must make their decision on<br />

whether or not he can, with a reasonable degree of medical certainty by an independent<br />

medical examination, perform the job as accommodated that he is asked to perform. Mr. Lang<br />

told Mr. Robey he did not want to make a decision on his case until he had an IME performed,<br />

so he would make a motion to lay this matter over so an IME can be conducted. Mr. Robey<br />

stated he would like to have the IME performed and then come back to the board.<br />

MOTION by Mr. Lang, seconded by Mr. Sigerson, to lay over the request by Fire Captain<br />

Steven Robey for a service-connected disability so an IME can be conducted.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 8<br />

REQUEST FOR APPROVAL – BINDING AGREEMENTS<br />

CONAHAN, Timothy J., Police Lieutenant, Police Department<br />

Binding Separation Date: 01/02/07<br />

Mandatory Retirement Date: 07/01/07<br />

CHAMBERLIN, Michael T., Police Officer, Police Department<br />

Binding Separation Date: 06/28/07<br />

Mandatory Retirement Date: 07/27/07<br />

MOTION by Ms. Ebdon, seconded by Mr. Sigerson, to approve the above two binding<br />

agreements.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

MEDICAL BILLS<br />

Approval of Submitted Bills: December 2006<br />

Ms. Guilfoyle advised the board that the medical bills had not been submitted as of today’s date.<br />

MOTION by Mr. Sigerson, seconded by Mr. Lang, to lay over approval of the above medical<br />

bills.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

John Kaluza – Reimbursement for hearing aid repair<br />

Mr. Sklenar asked Mr. Marfisi if reimbursement for hearing air repair was a covered item. Mr.<br />

Marfisi stated he was not sure, and Mr. Lang asked that this item be laid over until they can get<br />

a determination on that question.<br />

MOTION by Mr. Lang, seconded by Mr. Marfisi, to lay over John Kaluza’s request for<br />

reimbursement for hearing aid repair.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

DISCUSSION/ACTION<br />

REVIEW <strong>OF</strong> DISABILITY REQUEST/DISTRICT COURT ORDER – HAROLD JOHNSON<br />

Mr. Sklenar noted that John Corrigan, the attorney for the Johnson family, was not present. Ms.<br />

Guilfoyle stated this item was laid over from last month’s meeting at the request of Mr. Corrigan<br />

and she sent him an agenda for today’s meeting. She stated she has not heard from Mr.<br />

Corrigan. Ms. Cavel advised that in September 2005, the pension board laid this matter over to


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 9<br />

have a psychiatrist review the medical records and provide the board with a report. She stated<br />

this took some time to arrange, but the report has been done and provided to the board. Ms.<br />

Cavel stated she presumes Mr. Corrigan is continuing to request that the board act on this item.<br />

She stated this involves a request from Mr. Johnson, who is now deceased, to convert his nonservice-connected<br />

disability pension to a service-connected disability pension, but the board is<br />

only dealing with a period of about a year or two because of his demise, so for that period of<br />

time there is a potential that it would be at the service-connected amount versus the nonservice.<br />

Ms. Yirak stated Mr. Johnson’s widow would receive greater benefits with a serviceconnected<br />

disability. The board discussed placing the matter on file until Mr. Corrigan requests<br />

another hearing or just lay it over to next month’s meeting. Mr. Sigerson suggested that the<br />

board lay it over and have someone contact Mr. Corrigan to see if he wants to pursue it next<br />

month.<br />

MOTION by Mr. Sigerson, seconded by Ms. Ebdon, to lay over the Harold Johnson District<br />

Court Order item.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

DEMARCHE CONTRACT<br />

Ms. Ebdon stated the contract with DeMarche expired at the end of 2006. The Investment<br />

Committee had some questions about the new contract and it was laid over at last month’s<br />

meeting. They had questions about the fees, which have gone up more than she had expected.<br />

She stated that the asset allocation mix used to be a $15,000 separate fee. However, that fee<br />

will now be in the base fee. Ms. Ebdon stated they have asked for a three-year contract and will<br />

get a multi-year discount as a result. She recommended approval of this contract. Mr.<br />

Sigerson asked Ms. Ebdon if the $15,000 fee being absorbed into the base fee made up for the<br />

fees increasing more than she had expected. Ms. Ebdon stated that it actually made it better for<br />

the pension system.<br />

MOTION by Ms. Ebdon, seconded by Mr. Kratochvil, to approve the DeMarche Contract.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

DISABILITY REVIEW – JOHN SEARS<br />

Ms. Yirak reported that Mr. Sears was sent a routine disability questionnaire and he has not<br />

made any response. She sent him the first request in August 2006, which he did not respond<br />

to, and another request was sent to him in October. Mr. Sklenar asked if the requests were sent<br />

by certified mail, and Ms. Yirak stated they were not. He asked if another attempt could be<br />

made by certified mail so that the board could know for sure that he is receiving the mail. Mr.<br />

Marfisi asked that Human Resources send Mr. Sears a certified letter tomorrow and then place<br />

this on next month’s agenda.


<strong>CITY</strong> <strong>OF</strong> <strong>OMAHA</strong> <strong>POLICE</strong> <strong>AND</strong> <strong>FIRE</strong> <strong>RETIREMENT</strong> SYSTEM January 18, 2007<br />

PAGE 10<br />

DATE CHANGE FOR FEBRUARY 2007 MEETING<br />

Ms. Ebdon stated the board has quarterly meetings with the investment managers and<br />

DeMarche, and several managers also report to the Civilian Pension Board. The two pension<br />

boards normally meet back to back, Wednesday and Thursday. However, in 2007 there are two<br />

quarterly meetings, in February and November, that would be a week apart because of the<br />

calendar. The Civilian Pension Board has voted to move their November meeting up a week to<br />

be the day before the Police/Fire Pension Board. Ms. Ebdon is asking the Police/Fire Pension<br />

Board to move the February meeting back one week, from February 15 th to February 22 nd , to be<br />

in line with the Civilian Pension Board meeting on February 21 st . This will allow the investment<br />

managers to come to town for two days in a row instead of coming in one week and then again<br />

the following week.<br />

MOTION by Ms. Ebdon, seconded by Mr. Lang, to approve changing the date of the February<br />

2007 meeting from February 15th to February 22nd.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

NCPERS ANNUAL LEGISLATIVE CONFERENCE, WASHINGTON, D.C., FEB. 5-7, 2007<br />

NCPERS ANNUAL CONFERENCE, HONOLULU, HAWAII, MAY 19-24, 2007<br />

PRUDENTIAL ANNUAL CLIENT CONFERENCE, PINEHURST, N.C., MAY 15-17, 2007<br />

MOTION by Mr. Lang, seconded by Mr. Kratochvil, to approve reasonable expenses for up to<br />

seven board members to attend each of the above three conferences.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

ADJOURNMENT<br />

MOTION by Mr. Sigerson, seconded by Mr. Lang, to adjourn the meeting.<br />

Voting: Aye: Marfisi, Sigerson, Kratochvil, Ebdon, Lang, Sklenar<br />

Motion Carried: 6-0 (1 member absent)<br />

The meeting adjourned at approximately 2:00 p.m.<br />

Prepared and submitted by:<br />

Maureen Guilfoyle 2/22/07<br />

Recording Secretary Date<br />

APPROVED: 4-0 (1 abstained; 2 absent)<br />

James Sklenar 2/22/07<br />

Chairperson Date<br />

Anthony Lang 2/22/07<br />

Secretary Date

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