2002-07-31 General Fund Special MeetingCity of Okeechobee/Okeechobee Utility Authority Employee Pension Plan
Trustee Meeting - Disability Hearing - Jeff Elders
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July 31, 2002
MINUTES
Meeting at OUA called to order by Landon C. Fortner Jr. at 10:05 A..M.
Trustees Present: Johnny Mack Kinsaul
James Mullis
Jerry O'Bannon
Landon C. Fortner, Jr.
Others Present: Scott Christiansen - Attorney
Lyn Lowe - Acting Recording Secretary
Jeff Elders - Claimant
Mr. Fortner introduced Mr. Scott Christiansen, Attorney.
Mr. Christiansen began by explaining the purpose of the hearing and outlining the processing of a
disability claim. He explained that the Burden of Proof is the responsibility of the claimant who
must provide information substantiating his claim. The Trustees must then look at the Standard
of Proof to see whether the preponderance of evidence (51 %) supports criteria found in the
Disability Ordinance. He presented the Board with a information he had compiled concerning
Mr. Elder's disability claim including medical reports, Doctors' evaluations and reported ability
to perform the job. He also provided a copy of an independent doctor's review and evaluation of
Mr. Elders. (Report by Dr. He briefly summarized the large amount of information and stated
that it was now the Trustees' responsibility to determine whether Mr. Elders' condition met the
criteria of "totally disabled" as described in the Ordinance. Discussion ensued concerning
several documents, legal and medical terminology, and attorney opinion. Mr. Christiansen
answered questions from the Board as they arose. Following discussion motion by Jerry
O'Bannon to grant Mr. Elders' petition for disability retirement. Second by Johnny Mack
Kinsaul. Vote unanimous, motion carried.
In order for the payment process to be put in progress a document must be signed by the Board of
Trustees' Secretary stating the Board's decision. Mr. Fortner explained that as of current date no
secretary had been elected as a quorum was not present at the last meeting. Motion by Johnny
Mack Kinsaul to appoint Jerry O'Bannon as secretary. Second by Jamie Mullis. Vote
unanimous, motion carried.
Following documents being executed meeting adjourned at 10:40 A.M
Respectfully Submitted,
Lyn Lowe
Acting Recording Secretary