12-12-2011
CITY OF EDGEWATER
POLICE OFFICERS’ PENSION BOARD OF TRUSTEES QUARTERLY MEETING
CITY HALL CONFERENCE ROOM
104 N. Riverside Drive, Edgewater, Florida 32132
AGENDA
Monday, December 12, 2011 - 1:30 P.M.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or
hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. In
accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact
City Clerk Bonnie Wenzel, 386-424-2400 Ext# 1101, prior to the meeting.
I. CALL TO ORDER/ ROLL CALL/DETERMINATION OF A QUORUM
Election of Officers
II. APPROVAL OF MINUTES -
Quarterly Meeting - September 19, 2011 and Special
Meeting - September 19, 2011
III. NEW BUSINESS
Authorization for Foster & Foster to provide the City the Valuation, preliminary
funding requirements, and related information in advance of presentation of the 2011
Valuation at the March 19, 2012 meeting
IV. OLD BUSINESS
1. Discussion/Action: Draft Amendments to the Education section of the Personnel
Policy; presentation of proposed policy
2. Consideration of budget for administrative expenses for FY11/12
V. REPORTS (ATTORNEY/CONSULTANTS)
1. The Bogdahn Group, Performance Consultant
Quarterly report - September 30, 2011
2. Lee Dehner, Plan Attorney
Legislative update
3. Sheila Hutcheson, Plan Administrator
Fee schedule - $1,500/month effective with payment on January 1, 2012
American Express credit card has been cancelled; discussion of travel
payments
Election to fill unexpired term of Trustee Gary Conroy (Jan. 6 - March
17, 2012)
Quarterly meeting dates for 2012 (Mondays at 1:30 p.m.):
March 19, 2012
June 11, 2012
September 17, 2012
December 10, 2012
FPPTA membership will be renewed for 2012 - $600.00
VI. PROCESSED DISBURSEMENTS/RETURN OF CONTRIBUTIONS and
DEPOSITS
DISBURSEMENTS
$338.00; $1,859.90; $407.44
Christiansen & Dehner, professional legal fees -
1.
$3,300.00
Sheila Hutcheson, plan administration fees, ; special meetings fee
2.
(Board’s share, 8/1 and 9/19/11) - $400.00; mileage expense - $22.20
rd
3. The Bogdahn Group, performance consultant fees, 3 quarter, 2011 - $3,625.00
$2,418.37
4. PRIA, pension fiduciary insurance premium for FY11/12 policy -
CITY OF EDGEWATER
POLICE OFFICERS’ PENSION BOARD OF TRUSTEES QUARTERLY MEETING
CITY HALL CONFERENCE ROOM
104 N. Riverside Drive, Edgewater, Florida 32132
AGENDA
Monday, December 12, 2011 - 1:30 P.M.
Page 2
5. Diana Floyd, commencement of retirement as of Dec. 1, 2011 (joint and 100%
survivor option) and distribution of DROP account
6. Gary Conroy, commencement of retirement as of Feb. 1, 2012 (joint and 100%
survivor option) and distribution of DROP account
DEPOSITS
None
VII. STAFF REPORTS, DISCUSSION, AND ACTION
VIII. TRUSTEES’ REPORTS, DISCUSSION, AND ACTION
IX. REQUESTS FROM THE PUBLIC/EMPLOYEES PRESENT
X. ADJOURNMENT
•
CITY OF EDGEWATER
POLICE OFFICERS' PENSION BOARD OF TRUSTEES QUARTERLY MEETING
CITY HALL CONFERENCE ROOM
104 N. Riverside Drive, Edgewater, Florida 32132
AGENDA
Monday, December 12, 2011 - 1:30 P.M.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or
hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. In
accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact
City Clerk Bonnie Wenzel, 386- 424 -2400 Ext# 1101, prior to the meeting.
CALL TO ORDER/ ROLL CALL/DETERMINATION OF A QUORUM
Election of Officers
II. APPROVAL OF MINUTES - Quarterly Meeting - September 19, 2011 and Special
Meeting - September 19, 2011
III. NEW BUSINESS
Authorization for Foster & Foster to provide the City the Valuation, preliminary
funding requirements, and related information in advance of presentation of the 2011
Valuation at the March 19, 2012 meeting
IV. OLD BUSINESS
1. Discussion/Action: Draft Amendments to the Education section of the Personnel
Policy; presentation of proposed policy
2. Consideration of budget for administrative expenses for FY11/12
V. REPORTS (ATTORNEY /CONSULTANTS)
1. The Bogdahn Group, Performance Consultant
• Quarterly report - September 30, 2011
2. Lee Dehner, Plan Attorney
• Legislative update
3. Sheila Hutcheson, Plan Administrator
• Fee schedule - $1,500 /month effective with payment on January 1, 2012
• American Express credit card has been cancelled; discussion of travel
payments
• Election to fill unexpired term of Trustee Gary Conroy (Jan. 6 - March
17, 2012)
• Quarterly meeting dates for 2012 (Mondays at 1:30 p.m.):
March 19, 2012
June 11, 2012
September 17, 2012
December 10, 2012
• FPPTA membership will be renewed for 2012 - $600.00
VI. PROCESSED DISBURSEMENTS/RETURN OF CONTRIBUTIONS and
DEPOSITS
• DISBURSEMENTS
1. Christiansen & Dehner, professional legal fees - $338.00; $1,859.90; $407.44
2. Sheila Hutcheson, plan administration fees, $3,300.00; special meetings fee
(Board's share, 8/1 and 9/19/11) - $400.00; mileage expense - $22.20
3. The Bogdahn Group, performance consultant fees, 3 quarter, 2011 - $3,625.00
4. PRIA, pension fiduciary insurance premium for FY11/12 policy - $2,418.37
CITY OF EDGEWATER
POLICE OFFICERS' PENSION BOARD OF TRUSTEES QUARTERLY MEETING
CITY HALL CONFERENCE ROOM
104 N. Riverside Drive, Edgewater, Florida 32132
AGENDA
Monday, December 12, 2011 - 1:30 P.M.
Page 2
5. Diana Floyd, commencement of retirement as of Dec. 1, 2011 (joint and 100%
survivor option) and distribution of DROP account
6. Gary Conroy, commencement of retirement as of Feb. 1, 2012 (joint and 100%
survivor option) and distribution of DROP account
• DEPOSITS
None
VII. STAFF REPORTS, DISCUSSION, AND ACTION
VIII. TRUSTEES' REPORTS, DISCUSSION, AND ACTION
IX. REQUESTS FROM THE PUBLIC/EMPLOYEES PRESENT
X. ADJOURNMENT
cugewaie► - iuvuiues
•
Subject: Edgewater Plans - Invoices
From: Sheila Hutcheson <shutch9750 @aol.com>
Date: 9/17/2011 11:35 AM
To: niday.tonya @principal.com, fredricks.jill @principal.com
Tonya, Jill,
Attached are invoices for payment, as follows:
Christiansen & Dehner, P.A. - $304.20 - General
Christiansen & Dehner, P.338.00 - Police
Please mail the checks to the address on the statement and please email me a copy of the check
for each plan.
Thank you for your prompt processing of these invoices. Please contact me if you have any
questions or need any additional information.
Sheila Hutcheson
Pension Plan Administrator
3860 Grantline Road
Mims, FL 32754
321 - 267 -3082
321 - 298 -6619 (cell)
321 - 267 -4728 (facsimile)
shutch9750
Attachments: --
Aug. 2011- Police.pdf 390 KB
Aug. 2011 - General.pdf 390 KB
L of 1 9/17/2011 11:38 AM
Christiansen & Dehner, P. A.
63 Sarasota Center Boulevard
Suite 107
Sarasota, FL 34240-
941- 377 -2200 941- 377 -4848
Phone Fax
August 31, 2011
City of Edgewater Police Officer's Retirement Plan
Attn: Sheila Hutcheson
3860 Grantline Road
Mims, FL 32754
Invoice Number
In Reference To: City of Edgewater Police Officer's 0719 20041
Retirement Plan
Professional Services
Hours Amount
8/1/2011 Preparation and attendance at joint Board Meeting by phone. 0.70 236.60
8/22/2011 Preparation of memorandum to Board regarding Senate Bill 1128 Benefit 0.20 67.60
Calculation Issues.
For professional services rendered 0.90 $304.20
Previous balance $33.80
Balance due $338.00
** Please note that the "Balance Due" figure at the end of this bill reflects both "Total New Charges - Current Period" and
any previous balances due. In most cases, if the previous balance(s) have already been approved for payment but not yet
received in our office, you should be paying only the "Total New Charges - for services and /or expenses" . Thank you.
Please indicate account number(s) with payment.
(Please Deduct any payments not reflected in Balance due)
ragewater rians • - invoices nttp: / /mail.aol.com/34188- 111 /aol- 1 /en -us /mail /PrintMessage.asp
From: Sheila Hutcheson <shutch9750 @aol.com>
To: fredricks.jill @principal.com; niday.tonya @principal.com
Subject: Edgewater Plans' - Invoices
Date: Thu, Oct 13, 2011 9:15 pm
Attachments: Edge_P.09- 30- 11.pdf (43K), Sept._2011_- _General.pdf (52K)
Oct. 13, 2011
Tonya, Jill,
Attached are invoices for payment, as follows:
Christiansen & Dehner, P.A. - $1,521.90 - nPral
Christiansen & Dehner, P. - $1,859.90 - Police
Please mail the checks to the address on the statement and please email me a copy of the check for each plan.
Thank you for your prompt processing of these invoices. Please contact me if you have any questions or need any
additional information.
Sheila Hutcheson
Pension Plan Administrator
3860 Grantline Road
Mims, FL 32754
321- 267 -3082
321 - 267 -4728 (facsimile)
shutch9750Aaol. com
i of 1
10/13/2011 9:15 PM
Christiansen & Dehner, P. A.
63 Sarasota Center Boulevard
Suite 107
Sarasota, FL 34240-
941 -377 -2200 941 - 377 -4848
• Phone Fax
September 30, 2011
City of Edgewater Police Officer's Retirement Plan
Attn: Sheila Hutcheson
3860 Grantline Road
Mims, FL 32754
Invoice Number
•
in Reference To: City of Edgewater Police Officer's 0719 20220
Retirement Plan
Professional Services
Hours Amount
9/19/2011 Preparation and attendance at joint Board Meeting. 0.90 304.20
Preparation and attendance at Board Meeting. 2.10 709.80
Travel Time 2.70 456.30
9/21/2011 E -mail response to Sheila re: Gary McElroy. 0.10 33.80
9/28/2011 Review e-mail and settlement agreement and provide comments to Chris Robszek. 0.50 169.00
Review amended agreement and respond. 0.20 67.60
For professional services rendered 6.50 $1,740.70
Additional Charges :
Qtv
9/19/2011 Car Expense 1 71.50
Food Expense 1 18.00
Hotel Charge 1 29.70
Total additional charges $119.20
Total amount of this bill $1,859.90
• Previous balance $338.00
Accounts receivable transactions
9/27/2011 Payment - thank you. Check No. 16537802 ($338.06)
Total payments and adjustments ($338.00)
Edgewater Plans - Attorney's invoices
Subject: Edgewater Plans - Attorney's invoices
From: Sheila Hutcheson <shutch9750 @aol.com>
Date: 11/14/2011 6:17 PM
To: niday.tonya @principal.com, fredricks.jill @principal.com
Nov. 14, 2011
Tonya, Jill,
Attached are invoices for payment, as follows:
Christiansen & Dehner, P.A. - $339.84 - General
Christiansen & Delmer, P. 407.44 - Police
Please mail the checks to the address on the statement and please email me a copy of the check for each plan.
Thank you for your prompt processing of these invoices. Please contact me if you have any questions or need any
additional information.
Sheila Hutcheson
Pension Plan Administrator
3860 Grantline Road
Mims, FL 32754
321 - 267 -3082
321 - 267 -4728 (facsimile)
shutch9750Paol.com
— Attachments:
Oct. 2011- Police.pdf 21.4 kB
Oct. 2011- General.pdf 21.7 kB
1 of 1 11/14/2011 6:17 PN.
• Christiansen & Dehner, P. A.
63 Sarasota Center Boulevard
Suite 107
Sarasota, FL 34240-
941 - 377 -2200 941 -377 -4848
Phone Fax
October 31, 2011
City of Edgewater Police Officer's Retirement Plan
Attn: Sheila Hutcheson
3860 Grantline Road
Mims, FL 32754
Invoice Number
In Reference To: City of Edgewater Police Officer's 0719 20361
Retirement Plan
Professional Services
Hours Amount
10/11/2011 Preparation of addendum to Actuarial Services Agreement with Foster & Foster. 0.50 169.00
10/18/2011 Review settlement agreements, e- mails and respond. 0.40 135.20
10/25/2011 Telephone conference with S. Hutcheson. 0.30 101.40
For professional services rendered 1.20 $405.60
Additional Charges :
Qty
10/11/2011 Copies 4 1.00
Postage 1 0.84
Total additional charges $
Total amount of this bill $407.44
Previous balance $1,859.90
Accounts receivable transactions
10/26/2011 Payment - thank you. Check No. 16564425 ($1,859.90)
Total payments and adjustments ($1
Balance due - 77 - 1 - 14)
< 4—
i/ / V / l
Edgewater Plans - Invoices imap: / /imap.aol.com: 993 / fetch >UID> /Sent >31963930 ?header =prin
Subject: Edgewater Plans - Invoices
From: Sheila Hutcheson <shutch9750 @aol.com>
Date: 9/19/2011 5:28 PM
To: niday.tonya @principal.com, fredricks.jill @principal.com
Attached are invoices for payment of my expenses for the quarter ending Sept. 30, 2011 (add to
the checks for each plan's $1,100 monthly fees for Sept.) as follows for Edgewater General and
Police:
Sheila Hutcheson. - Expense /special meetings fees - $423.48 (General) - total Oct. 1 check will be
$1,523.48
Sheila Hutcheson. - Expense /special meetings fees - $422.2 total Oct. 1 check will be
$1,522.20
Please mail the checks to the address on the statements and please email me a copy of the
checks.
Thank you for your prompt processing of these invoices.
Sheila Hutcheson
Pension Plan Administrator
3860 Grantline Road
Mims, FL 32754
321 - 267 -3082
321 - 267 -4728 (facsimile)
shutch9750 @aol.com
-- Attachments: -
Police expense invoice - 9- 30- 11.doc 27.0 KB
General - invoice expenses 9- 30- 2011.doc 29.0 KB
1 of 1 9/19/2011 5:46 PM
SHEILA HUTCHESON
3860 GRANTLINE ROAD
MIMS, FL 32754
321 - 298 -6619
Sept. 19, 2011
Bill to:
The Principal
P.O. Box 9394
Des Moines, IA 50306 -9394
VIA EMAIL TO: TONYA NIDAY
Reference: City of Edgewater Police Pension Plan (Annuity Contract #: 4- 28312)
Statement for Plan Administration Expenses - quarter ending September 30, 2011
Description Amount
Mileage (Board's share: Aug. 1 special
and Sept. 19, 2011 quarterly meetings) $ 22.20
Special meetings fee (Board's share) - Aug. 1, 2011 &
Sept. 19, 2011 $400.00
TOTAL: $422.20
Please mail check in the amount of $1,522.20 (monthly and special
meeting fees plus quarterly expenses) to:
MS. SHEILA HUTCHESON
3860 GRANTLINE ROAD
MIMS, FL 32754
Edgewater Plans - Invoices imap: / /imap.aol.com: 993 / fetch >UID > /Sent >31964557 ?header =prir
Subject: Edgewater Plans - Invoices
From: Sheila Hutcheson <shutch9750 @aol.com>
Date: 9/22/2011 8:38 PM
To: niday.tonya @principal.com, fredricks.jill @principal.com
Attached are invoices for payment, as follows:
The Bogdahn Group - $3 , 1 I - General
The Bogdahn Group $3,625.00 - Police
Please mail the checks to the following address:
The Bogdahn Group
4901 Vineland Road, Suite 600
Orlando, FL 32811
Please email me a copy of the check for each plan.
Thank you for your prompt processing of these invoices. Please contact me if you have any
questions or need any additional information.
Sheila Hutcheson
Pension Plan Administrator
3860 Grantline Road
Mims, FL 32754
321 - 267 -3082
321 - 267 -4728 (facsimile)
shutch9750 @aol.com
— Attachments:
6 - 30 - 11 Police.pdf 116 KB
June 30, 2011 - General.pdf 117 KB
1 of 1 9/22/2011 8:39 PN
THE
Invoice
nvoice
GROUP
Date Invoice #
9 /22/2011 6699
4901 Vineland Rd Suite 600 Orlando, FL 32811
Bill To
Edgewater Police Officers' Pension Plan
email - Sheila Hutcheson
Description Amount
Performance Evaluation and Consulting Services 3,625.00
7/1/2011- 9/30/2011
Balance Due $3,625.00
Public Risk Insurance Agency
P. O. Box 2416 Edgewater, City of
C ustomer
Daytona Beach, FL 32115 191
-Rate ° 10/03/2011
Customer Paul Dawson
ervfce Brittany O'Brien
Page`
Payment Information
In oice umma y 2,418.37
Edgewater, City of Payment Amount
City of Edgewater Pay�heifof Invoice#21631
104 N. Riverside Dr. 105453533 POLICE
P. O. Box 100
Edgewater, FL 32132 -0100
Customer: Edgewater, City of
Invoice Effective Transaction ocription " Amount
Policy #1054535 - POLIC)0/01/2011- 10/01/2012
Travelers Cas & Co of A
21631 10/01/2011 Renew policy Fiduciary Liability - Renew policy 2,364.00
Other Company Fee - Renew policy 54.37
2,418.37
Public Risk Insurance Agency (386)252 -6176 Date
P. O. Box 2416
10/03/2011
Daytona Beach, FL 32115
Law Offices
Christiansen & Dehner, P.A.
63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941- 377 -2200 • Fax 941- 377 -4848
MEMORANDUM
TO: City of Edgewater Police Officers' Retirement Plan
FROM: Kristin Hill
RE: Proposed 2012 Meeting Dates
DATE: September 30, 2011
Listed below are the proposed 2012 meeting dates based on the previous year's schedules.
Should they meet with the Board's approval, please let us know and we will put them on our
calendar. Should there be any discrepancies with any of the dates and/or times, please do not hesitate
to contact Kristin at the office, via phone at 941 - 377 -2200 or E -Mail at kristin @cdpension.com, and
we will do the best we can to comply with your requests.
ALL MEETINGS WILL BE HELD AT 1:30PM:
March 19, 2012
June 11, 2012
September 17, 2012
December 10, 2012
Thank you.
ASSOCIATION.
T RUSTEES FPPTA Membership Renewal Receipt
P
P ENSION usu
F LORIDA
Membership Year: 2012
Membership Type: Pension Boards Renewal Status: Confirmed
Renewal Fee: $600.00
Organization Name: Edgewater Police Officers Pension Fund
Address: 104 Riverside Drive
Edgewater, FL 32132
Phone: (321) 267 -3082
Fax: (321) 267 -4728
E -mail: shutch9750 @aol.com
Website:
Confirmed On: 11/13/2011 11:29:28 AM By: Sheila Hutcheson
Paid On: By:
Payment Method: Check To Follow
If you have paid for the renewal online at FPPTA.Org, you only need to keep this as your copy.
If you are paying by check, please make your check payable to:
Florida Public Pension Trustees Association (FPPTA)
and then mail a copy of this receipt and your check to the address below:
FPPTA
2946 Wellington Circle East
Tallahassee, FL 32309
Phone: 800 - 842 -4064
Fax: 850 - 668 -8514
Printed on: 11/13/2011 11:29 AM
CLAIMS PROCEDURES
14.1 CLAIMS OF AFFECTED PERSONS
A. The Board of Trustees shall grant an initial hearing upon receipt of a written request
( "Claim "), on matters which affect the substantial rights of any person ( "Claimant "), including
Members, Retirees, Beneficiaries, or any person affected by a decision of the Board of Trustees.
B. The Board shall review the Claim at an initial hearing and enter an order within 90
days from the date of receipt of the Claim and, in the case of disability claims, receipt by the Board
of a written medical release authorization in a form approved by the General Counsel and a
completed set of interrogatories prepared by the General Counsel and provided to the Claimant. The
Board may extend the time for entering the order at an initial hearing for an additional 90 days if it
determines such time is necessary for full discovery and adequate review. The General Counsel and
the Claimant may stipulate to further extensions of time.
C. It shall be the function of the General Counsel, throughout the claims procedure, to
assist the Board in the discovery and presentation of evidence in order to assure that the Board
receives all relevant information prior to the Board's decision.
D. The Claimant shall have the right to be represented by counsel at any or all times
throughout the claims procedure.
14.2 INITIAL HEARING
A. At the initial hearing, the only evidence to be considered by the Board shall be
documentary evidence contained in the pension file, including but not limited to, correspondence,
medical records and reports of treating physicians and/or examining physicians and evidence
received pursuant to paragraph B.
B. Other than questions from the Trustees, there will be no taking of additional evidence
at the initial hearing, except that the Claimant will be afforded 15 minutes to make a presentation,
which shall be limited to comments and/or arguments as to the evidence or information already
contained in the pension file, including the report of the examining physician.
C. Upon completion of the review of the Claim at the initial hearing, the Board shall
enter an order setting forth its findings and conclusions on the Claim. The written order shall be
provided to the Claimant. The order shall include:
(1) The specific findings and conclusions of the Board, including specific
references to pertinent provisions of the Plan on which such conclusions are based;
(2) A description of any additional material or information that the Board may
deem necessary for the Claimant to perfect his Claim, together with the reasons why such material
or information is necessary; and
(3) An explanation of the right to a full hearing on the Claim and the time limit
in which a full hearing must be requested in writing.
D. The decision of the Board at the initial hearing shall not be final until after the time
has expired to request a full hearing or, if a full hearing is requested, until the Board makes a
decision at the conclusion of the full hearing.
14.3 FULL HEARING
A. Any Claimant may request a full hearing on the issues presented to the Board at an
initial hearing and upon which the Board has entered an order as provided in subsection 2.C. above.
B. A full hearing must be requested by the Claimant within 90 days of the receipt of the
Board's order. The order will be deemed received three days following the date it is mailed to
Claimant at the address provided to the Board by Claimant.
C. Upon receipt of the request for a full hearing and considering the amount of discovery
which might be conducted, the Board shall establish a date for the full hearing and cause notice to
be given to the Claimant. The full hearing shall be held within 90 days from the receipt of the
request from the Claimant. The full hearing may be postponed, if necessary and with the consent
of the Claimant, to permit full discovery of the facts.
D. Copies of all documents to be offered into evidence at the full hearing, including
depositions, and a complete witness list with names and addresses of witnesses expected to be called,
shall be furnished to the Board and the General Counsel by the Claimant at least 20 days prior to the
full hearing. Documents not furnished to the Board within the prescribed time limit may be excluded
from evidence at the full hearing if a reasonable explanation is not provided for the delay in
providing the documents.
E. A Claimant or the General Counsel may obtain discovery by deposition and/or
interrogatories prior to the full hearing. Written notice of any depositions and/or interrogatories shall
be given to the General Counsel and the Claimant.
F. The costs of any discovery, except discovery requested by the Board or the General
Counsel, the appearance of witnesses at the hearing, and the making of a verbatim record of the
proceedings shall be the responsibility of the Claimant.
G. The Claimant shall be responsible for the appearance of any witnesses which he
wishes to have testify at the hearing. The Board shall, however, have the power to subpoena and
require the attendance of witnesses and the production of documents for discovery prior to and at the
proceedings provided for herein. The Claimant may request in writing the issuance of subpoenas
by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the
fees set forth in Florida Statutes.
H. Testimony at the full hearing may be submitted in the form of a deposition.
Depositions timely submitted will be part of the record before the Board at the full hearing and will
not be read in totality at the full hearing; provided, however, that this does not preclude the Claimant
or the General Counsel from reading parts of depositions in an opening or closing statement.
I. Irrelevant and unduly repetitious evidence shall be excluded.
J. Any person who knowingly gives false testimony is guilty of a misdemeanor of the
first degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes.
K. The file maintained by the Board, including but not limited to various medical reports
therein, is part of the record before the Board at the full hearing.
L. All proceedings of the Board shall be conducted in public.
M. In cases concerning an application for pension benefits, including applications for
disability retirement benefits, the burden of proof, except as otherwise provided by law, shall be on
the Claimant seeking to show entitlement to such benefits.
N. In cases concerning termination of pension benefits, including re- examination of
Retirees receiving disability retirement benefits, the burden of proof shall be on the Board.
0. Except as to those records which are exempted from the provisions of Chapter 119,
Florida Statutes, Florida's Public Record Law, records maintained by the Board are open for
inspection and/or copying during normal business hours at a reasonable cost for the copying.
P. Should a Claimant requesting an initial or full hearing decide to appeal any decision
made by the Board, with respect to any matter considered at such hearing, the Claimant requesting
an initial or full hearing will need a record of the proceedings and may need to assure that a verbatim
record of the proceeding is made. The Claimant requesting an initial or full hearing will be
responsible for obtaining a court reporter or otherwise making a record of the proceedings before the
Board.
Q. The decisions of the Board after the requested full hearing shall be final and binding.
R. Within 15 days after making a decision at the full hearing, the Board shall enter a
final order setting forth its findings and conclusions and a copy of the order shall be provided to the
Claimant.
S. Judicial review of decisions of the Board shall be sought by the filing of a timely
petition for writ of certiorari with the. Clerk of the Circuit Court, in the appropriate county.
14.4 CONDUCT OF THE FULL HEARING
A. The Chairman shall preside over the hearing and shall rule on all evidentiary,
procedural, and other legal questions that arise during the hearing. The Chairman's rulings shall
stand unless overruled by a majority of the Trustees present. The Chairman shall open the full
hearing by explaining the procedures to be followed.
B. The Claimant shall have the right to be represented by counsel or be self - represented.
The General Counsel shall advise the Board.
C. The Claimant shall be allowed to make an opening statement not to exceed ten
minutes.
D. Testimony of witnesses shall be under oath or affirmation. Depositions and affidavits
shall be admissible.
E. The Chairman, any Trustee, the General Counsel, the Claimant or the Claimant's
counsel, upon recognition by the Chairman, may direct questions to any witness during the
proceedings.
F. Both the Claimant or the General Counsel shall have the right to present evidence
relevant to the issues, to cross - examine witnesses, to impeach witnesses and to respond to the
evidence presented.
G. The Claimant shall be permitted a closing argument not to exceed 15 minutes.
H. The Board shall deliberate and make a decision following closing argument and
thereafter enter an order as provided herein.
14.5 DISABILITY CLAIMS - ADDITIONAL PROCEDURES
A. All applications for disability pensions shall be in writing. Forms for such
applications may be provided by the Board.
B. Upon receipt of the application for disability, the General Counsel will provide the
Claimant with a set of interrogatories or questions to be answered under oath and a medical release
authorization. Both documents will be completed by the Claimant and returned to the General
Counsel.
C. Upon receipt of the properly completed interrogatories and medical release
authorization, the General Counsel will request medical records from all relevant treating physicians;
personnel records from the employer, copies of relevant workers' compensation records, and copies
of other records deemed to be relevant to the Claim. The Board shall pay, from the Fund, the cost
of any medical examinations required by the Board and for copies of medical records.
D. The General Counsel will, if authorized by the Board, upon receipt of the medical
records from the treating physicians, schedule an independent medical examination (IME) or
examinations with an appropriate independent examining physician or physicians who will be asked
to render an opinion about Claimant's physical condition as it relates to the claimed disability.
E. Upon receipt of the IME report or reports from the examining physician or physicians,
the General Counsel will provide all records of treating physicians, relevant workers' compensation
claims records, the independent medical evaluation, and all other relevant documents to the Board
for inclusion in the pension file and the Board shall then schedule the initial hearing.