MIN UTE S OF THE BOARD OF PENSION COMMISSIONERS MEETING OF MARCH 10, 1983 The Board of Pension Commissioners of the City of Los Angeles met in Room 155, City Hall South, on Thursday, March 10, 1983. COMMISSIONERS PRESENT: Arthur Burdorf, President Garo V. Minassian, Vice-President Sam Diannitto Olga Marcus Karl L. Moody David Bow Woo COMMISSIONER ABSENT: Bert R. Cohen DEPARTMENT OF PENSIONS: Gary Mattingly, General Manager James J. McGuigan, Asst. Manager-Fiscal Wm. S. Hutchison, Asst. Manager-Benefits CITY ATTORNEY'S OFFICE: Siegfried o. Hillmer, Asst. City Attorney Mary Jo Curwen, Deputy City Attorney Beverly Mosley, Deputy City Attorney President Burdorf called the meeting to order at 9:10 a.m. and referred to Item No. 1 on the Agenda. PRESENTATION OF THE MINUTES OF JANUARY 27, 1983; FEBRUARY 3, 1983; AND FEBRUARY 10, 1983 The General Manager withdrew the February 10, 1983 Minutes from the motion. Commissioner Marcus made the motion for approval, with the February 10, 1983 Minutes omitted, which motion was seconded by Commissioner Diannitto and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Moody and President Burdorf - 4; noes, none. INVESTMENTS The General Manager informed the Board that The Boston Company sent a letter transmitting their bond purchases; that Security Pacific National Bank sent a letter transmitting their stock purchases and sales; and that Chemical Bank sent a letter transmitting their stock purchases and sales and investment listing, but that no action was required on any of the above. The General Manager said a motion was required on a list from Chemical Bank adding stocks to its stock universe. STOCK PURCHASE RESOLUTION NO. 83044 2525 NEW SYSTEM GENERAL PENSION FUND After discussion by the Board, it was moved by Commissioner Diannitto that upon the advice of Investment Counsel, the Manager-Secretary and/or Chemical Bank Investment Management be authorized to purchase up to $3,500,000 of capital stock in each of the following companies at the market, plus commission and charges: Abbott Labs Aetna Life & Gas Co. Air Products & Chemicals, Inc. Alcan Aluminum Allied Corp. Aluminum Co. America American Broadcasting American Cyanamid Co. American Express Co. American Greetings Corp. American Home Products American Hospital Supply American Int'l. Group American Telephone & Telegraph Co. AMP, Inc. Anheuser Busch Cos., Inc. Archer Daniels Midland Arizona Public Service ARKLA, Inc. Armco, Inc. Armstrong World Industries, Inc. Asarco, Inc. Ashland Oil, Inc. Atlantic Richfield Co. Automatic Data Processing Avnet, Inc. Avon Products, Inc. BankAmerica Corp. Bankers Trust NY Corp. Barnett Banks Florida, Inc. Baxter Travenol Labs Beatrice Foods Co. Becton Dickinson & Co. Bell Canada Bell & Howell Co. Bethlehem Steel Corp. Betz Labs, Inc. Big Three Industries, Inc. Black & Decker Mfg. Co. Boeing Co. Borden, Inc. Borg Warner Briggs & Stratton Corp. Bristol Myers Co. Brown Group Brown Forman Distillers Burlington Northern, Inc. Burlington Industries Burndy Corp. Burroughs Corp. Campbell Taggart, Inc. Capital Cities Communications Carlisle Corp. Caroline Power & Light Co. Carpenter Technology Caterpillar Tractor Co. CBI Industries, Inc. CBS, Inc. Celanese Corp. Central & So. West Corp. Celeron Cental Corp. Cessna Aircraft Co. Champion Int'l. Corp. Chase Manhattan Corp. Chern Nuclear Systems, Inc. Chesebrough-Pond's, Inc. Chubb Corp. CIGNZ Cincinnati Milacron Citicorp Cleveland Cliffs Iron Clorox Co. Coca Cola Co. Colgate Palmolive Co. Collins & Aikman Corp. Colt Industries, Inc. Delaware Combined Int'l. Corp. Combustion Engineering, Inc. Commonwealth Edison Co. Community Psychiatric Consolidated Edison Consolidated Freightways Consolidated Natural Gas Continental Corp. Continental Telecom Cooper Industries, Inc. Corning Glass Works Cox Broadcasting Corp. CPC Int'l., Inc. Cross A. T. Co. Cross & Trecker Corp. Crum & Forster CSX Corp. Dana Corp. Dart & Kraft Dayton Hudson Corp. Deluxe Check Printers Deere & Co. Delta Airlines Delaware Detroit Edison Dizney, (Walt) Productions Donnelley, (R.R.) & Sons Dover Corp. Dow Chemical Co. Dresser Industries, Inc. DuPont (E.I.) DeNemours Duke Power Co. Dun & Bradstreet Corp. Duriron, Inc. E System, Inc. Eastman Kodak Co. Eckerd, (Jack) Corp. Emerson Electric Co. Emhart Corp., Virginia Engelhard Corp. Ex-Cell-O Corp. Exxon Corp. Federal Co. Federal Mogul Corp. Federated Dept. Stores Financial Corp. of America First City Bancorp, Texas Florida Power & Light Co. Fluor Corp. Foxboro Co. Gannett, Inc. GEICO Corp. General Electric Co. General Foods Corp. General Instruments Corp. General Mills, Inc. General Motors Corp. General RE Corp. General Signal Corp. Genuine Parts Co. Georgia Pacific Corp. Getty Oil Co. Goodyear Tire & Rubber Gould, Inc. Goulds Pumps, Inc. Grace, (W.R.) & Co. Grainger, (W.W.), Inc. GTE Corp. Gulf Oil Corp. Halliburton Co. Harris Corp., Delaware Hart Schaffner & Marx Harte Hanks Communications, Inc. Heinz, (H.J.) Co. Helmerich & Payne, Inc. Hercules, Inc. Hewlett Packard Co. Hilton Hotels Corp. Hitachi, Ltd. Holiday Inns, Inc. Homestake Mng. Co. Honeywell, Inc. Hospital Corp. America Houston Industries, Inc. Houston Natural Gas Corp. Hughes Tooi Co. Humana, Inc. Hutton, (E.F.) Group INCa Ltd. Ingersol Rand Co. Inland Steel Interco, Inc. International Business Machines International Flavors & Fragrances International Minerals & Chemicals International Paper Co. International Telephone & Telegraph Interpace Corp. Irving Bank Corp. James River Corp. Jewel Cos., Inc. Johnson & Johnson Joy Manufacturing Co. K Mart Corp. Kannametal, Inc. Kerr McGee Corp. Keystone Int'l., Inc. Kimberly Clark Corp. Kyoto Ceramic Ltd. Leaseway Transportation Corp. Lenox, Inc. Lifemark Corp. Lilly, (Eli) & Co. Litton Industries, Inc. Lone Star Industries, Inc. Lubrizol Corp. Macy, (R.H.) & Co., Inc. Manufacturers Hanover Marriott Corp. Marsh & McLennan Companies Martin Marietta Corp. Masonite Corp. May tag Co. MCA, Inc. McDermott, Inc. McDonalds Corp. McGraw Hill, Inc. Melville Corp. Merck & Co., Inc. Merrill Lynch Mesa Petroleum Co. Metromedia, Inc. Midcon Corp. Millipore Corp. Minnesota Mining & Mfg. Co. Mobil Corp. Monsanto Co. Morgan, (J.P.) Co., Inc. Morton Norwich Products Motorola, Inc. Nalco Chemical Co. National Med. Care, Inc. NCR Corp. Newmont Mining Corp. Nicor, Inc. Nielson Co., Class A Nippon Electric Ltd. NL Industries, Inc. Noble Affiliates, Inc. Nordstrum, Inc. Norfolk Southern Northern Telecom Ltd. Northern States Pwr., Minnesota Northrop Corp. Northwest Airlines, Inc. Northwest Bancorp Occidental Petroleum Corp. Ohio Casualty Corp. Owens Corning Fiberglass Pacific Gas & Electric Co. Paine Webber Payless Cashways, Inc. Penney, (J . C.), Inc. Pennwalt Corp. Perkin Elmer Corp. Petrie Stores Corp. Petro lane , Inc. Pfizer, Inc. PHH Group, Inc. Phibro Salomon, Inc. Philip Morris, Inc. Phillips Petroleum Co. Piedmont Aviation, Inc. Pioneer Corp, Texas Pioneer Hi Bred Int'l. Pitney Bowes PPG Industries, Inc. Procter & Gamble Co. Provident Life & Acc. Insurance Pulte Horne Corp. Quaker Oats Ralston Purina Raytheon Co. RCA Corp. Republic Bank Corp. Revco, D.S., Inc. Revlon, Inc. Reynolds Metals Co. Reynolds, (R.J.) Ind., Inc. Rite Aid Corp. Roadway Services Rockwell Int' l. Rohm & Haas Royal Dutch Petroleum Ryland Group, Inc. San Diego Gas & Electric Co. Scher ling Plough Corp. Schlumberger Ltd. Seafirst Corp. Seagram Ltd. Sealed Power Corp. Searle, (G.D.) & Co. Sears, Roebuck & Co. Sedco Servicemaster, Industries, Inc. Shell Oil Co. Shoney's Signal Companies, Inc. Smith Int'l., Inc. SmithKline Beckman Snap-On Tools Corp. Sony Corp. Southern California Edison Southwest Airlines Sperry Corp. Square D Co. Squibb Corp. Standard Brands Paint Standard Oil Co. (Calif.) Standard Oil Co. (Indiana) Standard Oil Co. (Ohio) Stauffer Chemical Co. Sterling Drug, Inc. Stone Container Corp. Stop & Shop Companies, Inc. Stride Rite Sun Banks of Florida Sun, Inc. Sundstrand Corp. Superior Oil Co. Syntex Corp. Tektronix Tenneco, Inc. Texaco, Inc. Texas Commerce Bancshares Texas Gas Transmission Texas Instruments, Inc. Texas Oil & Gas Corp. Texas utilities Thomas & Betts Corp. Time, Inc. Transamerica Corp. Travelers Corp. TRW, Inc. Tucson Electr ic Tyco Labs, Inc. Unileveler N.V. Union Camp Corp. union Carbide Corp. Union Oil Co. (California) union Pacific Corp. united Energy Resources, Inc. U.S. Bancorp U.S. Gypsum U. S. Shoe U.S. Steel United Technologies United Telecommunications Upjohn Co. USF & G Corp. Varian Associates, Inc. VF Corp. Virginia Electric & Power Wal Mart Stores, Inc. Wang Laboratories, Inc. Warner Communications Warner Lambert Co. Waste Management, Inc. Watkins Johnson Co. Weyerhaeuser Co. Whirlpool Corp. Wisconsin Electric Power Co. Xerox Yellow Freight Systems CHEMICAL BANK SECTION IV-2B STOCK UNIVERSE Advanced Micro Devices Arrow Electronics Chicago & Northwest Transportation City Federal Savings & Loan Color Tile Computervision Cray Research Data General Datapoint Digital Equipment Federal Express Ford Motor John Fluke Manufacturing GenRad INTEL MIA Com., Inc. MCI Communications Phelps Dodge Prime Computer PSA Raychem Rolm Sanders Associates Tandem Computers Tandy Teledyne Toys R Us Tymshare Trans World Corp. U.S. Air UAL Uniroyal Warnaco Zayre The authorization for stock purchase is to remain in effect for 90 days after this date. The motion was seconded by Commissioner Moody and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Moody and President Burdorf - 4; noes, none. OLD BUSINESS The General Manager, Mr. Gary Mattingly, referred to a memorandum from Lorraine Osuna, Administrative Assistant, explaining why H.R. 100 and S. 372, Federal Fair Insurance Practices Bills, do not affect the Fire and Police Pension System. Mr. Mattingly reported to the Board that the Ad Hoc Committee on Revisions to the Pension Systems will meet next Tuesday, March IS, 1983, and that he has been informally advised that the only two items to be discussed will be: a) a Charter change to require the three retirement Boards of the City to hire a consultant for advice on asset allocation, and b) a Charter change to prohibit the appointment of any brokers/dealers to the three retirement Boards. At this point in the proceedings, Commissioner Minassian entered the Board room. Mr. Mattingly referred to a letter he prepared to the Ad Hoc Committee. After discussion, President Burdorf said to include in the letter the Board's concern about the possibility that securities brokers would be prohibited from serving on the Board; and to also let the Committee know that this Board has for some time required all of its investment advisors to reach a consensus, at least quarterly, regarding an asset allocation recommendation. NEW BUSINESS Mr. Mattingly said he was contacted by Mr. Oppenheimer, a reporter for the City News Service, regarding the recent disability pension of Milburn Bolton. Commissioner Marcus made reference to a conference on "How to Run Successful Retirement Planning Programs" which will be held in New York in May and suggested that the Commissioners who will be visiting the custodial services could possibly attend this conference. President Burdorf asked staff to schedule this item on the next Agenda. APPROVAL OF PILOT PROGRAM FOR HEARING OFFICERS Mr. Mattingly referred to his memorandum to the Board regarding the proposed pilot program for use of hearing examiners in disability application hearings. Mr. Ralph Travis, a representative from the united Firefighters of Los Angeles City, came forward and expressed concern about the applicants not being notified that they are entitled to employee representation. President Burdorf directed staff to be sure each applicant receives the applicable Board Rule that applies to this issue. Mr. Mattingly said he will let the Board members know which applicants are being selected for this pilot program each week under Old Business. After discussion by the Board, Commissioner Diannitto moved that the Board adopt the proposed pilot program for use of hearing examiners in disability application hearings as set forth by the General Manager, which motion was seconded by Commissioner Moody and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. DISCONTINUE PENSIONS - ARTICLE XVII - 2 Edna M. Haggman Inez S. Maxwell Police Widow Police widow Retired 01-06-75 Retired 06-23-57 Died 01-13-83 Died 11-10-82 Approved. Motion by Commissioner Minassian, seconded by Commissioner Marcus and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. DISCONTINUE PENSIONS - ARTICLE XVIII - 1 John R. Kiel Police Service Retired 02-03-72 Died 12-10-82 Approved. Motion by Commissioner Marcus, seconded by Commissioner Moody and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. SERVICE PENSIONS - ARTICLE XVII - 1 POLICE Police Officer III Paul Nelson Appt'd Eff: 10-24-60 02-02-83 22 Years, 78 Days Mo. Sal: $3,060.66 44.3726% $1,358.09 Approved. Motion by Commissioner Moody, seconded by Commissioner Diannitto and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. SERVICE PENSIONS - ARTICLE XVIII - 5 FIRE Engineer Jerry L. Jackson Appt'd Eff: 02-10-58 02-20-83 25 Years, 10 Days NPB: $2,996.78 55.0822% $1,650.69 Firefighter II David B. McRae Appt'd Eff: 02-03-58 02-15-83 25 Years, 4 Days NPB: $2,761.98 55.0000% $1,519.09 Sergeant II Gary S. Derks Appt'd Eff: 02-04-63 02-06-83 20 Years, 2 Days NPB: $3,346.02 40.0110% $1,338.78 Sergeant I William F. Mortimer Appt'd Eff: 02-04-63 02-09-83 20 Years, 1 Day NPB: $3,306.89 40.0000% $1,322.76 Police Officer III Anselmo S. Flores Appt'd Eff: 02-08-60 01-11-83 22 Years, 217 Days NPB: $2,911.02 45.1781% $1,315.14 POLICE Approved. Motion by Commissioner Diannitto, seconded by Commissioner Minassian and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. WIDOW'S OR WIDOWER'S PENSION - ARTICLE XVII - 1 Fluctuating Name Member's Class Irene Rucker (John H. Rucker) Fire Service Sal. Rank at Date of Death Rate % Effective Date Monthly Amount $3,292.08 50% 02-04-83 $1,646.04 Approved. Motion by Commissioner Minassian, seconded by Commissioner Marcus and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. WIDOW'S OR WIDOWER'S PENSION - ARTICLE XVII - 1 Name Member's Class Monthly Salary Rate % Thelma L. Kelman (William C. Kelman) Fire Service $ 40% 01-28-83 Member's CIL Total 865.50 Effective Date Monthly Amount $ $ 350.00 506.51 856.51 The General Manager read two corrections into the record. One change in the adjustment of cost of living increase for Thelma L. Kelman in Item No. 11, and a correction in Item No. 12 under Luella R. Kiel. Approved as amended. Motion by Commissioner Marcus, seconded by Commissioner Moody, including the change, and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. ELIGIBLE SURVIVING SPOUSE'S PENSION - ARTICLE XVIII - 2 Name Member's Class Normal Pen. Base Rate % Effective Date Monthly Amount Linda Hardwick (Richard H. Hardwick) Police Disab. $2,641. 32 50% 01-28-83 2 Minors @ 40% Total $1,320.66 528.26 $1,848.92 Luella R. Kiel (John R. Kiel) Police Service $1,362.41 44% 12-11-82 Member's CIL Total $ 599.46 652.80 $1,252.26 Approved. Motion by Commissioner Moody to read as corrected, seconded by Commissioner Diannitto and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. FINDINGS OF FACT - ARTICLE XVIII - 6 FIRE A. Neco Hansen B. Bernard D. Loeb B. John T. Magno POLICE A. Homer J. Erickson D. Ramey Stroud C. Joel G. Rose Approved. Motion by Commissioner Diannitto, seconded by Commissioner Minassian and adopted by the following vote: ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. At this point in the proceedings, President Burdorf recessed the meeting for fifteen minutes. The meeting resumed at 10:20 a.m. DISABILITY CASE - NEW - ARTICLE XVIII - 2 Police Officer III Ralph M. Sacco Denied. Able to perform duties to which he may be assigned. Motion made by Commissioner Moody and seconded by Commissioner Marcus; ayes, Commissioners Diannitto, Marcus, Minassian, Moody and President Burdorf - 5; noes, none. Capt. Richard J. Stevens, Commanding Officer, Police Department; Lt. Arthur R. Melendres, Supervisor, Police Department; Steve Hatfield, Civilian Supervisor, Police Department; Capt. Stanley Kensic, Commanding Officer, Police Department, and Sgt. Lyall Pearcy, Supervisor, Police Department, testified regarding Mr. Sacco. Mr. Sacco was present with his attorney, Michael Roberts. At this point in the proceedings, President Burdorf recessed the meeting for lunch. Police Officer II Donald G. Bontempo Denied. Able to perform the duties to which he may be assigned. Motion made by Commissioner Woo and seconded by Commissioner Moody; ayes, Commissioners Diannitto, Marcus, Minassian, Moody, Woo and President Burdorf - 6; noes, none. The following employees testified regarding Mr. Bontempo: Officer John Landtiser, Co-worker, Hollywood area; Officer Joe Beaumen, Co-worker, Hollywood area; Sgt. Robert Normandy, Supervisor, Hollywood area; Sgt. John Wells, Supervisor (former), West Los Angeles area; Sgt. Richard Walker, Personnel Complaint Investigator, Internal Affairs Division; Mr. William B. Gilstrap, 7-11 Stores, former officer L.A.P.D.; Mr. Marshall Sevin, Specialist Reserve Police Officer, West Los Angeles area and Lt. Ed Gagnon, Medical Liaison Officer, Police Department. Mr. Bontempo was present with his attorney Mary Ann Healy. During the hearing of the Donald Bontempo case, President Burdorf deferred the last two disability cases that were to be heard today because of time constraints, and Attorney Robert Scott raised concern over this issue of deferring disability cases on the day of the hearing. The Board asked staff to work on a solution to this problem. DISABILITY CASE - COURT-ORDERED REHEARING - ARTICLE XVIII - 1 Police Officer II Ruben Montez Deferred. President Burdorf directed that this case be deferred due to time constraints. Mr. Montez was present with his attorney, Bob Scott. DISABILITY CASES - NEW - ARTICLE XVIII - 1 Detective II Lemuel J. Chancey Deferred. President Burdorf directed that this case be deferred due to time constraints. Mr. Chancey was present with his attorney, Mike Lewis. At this point in the proceedings, President Burdorf called for adjournment. meeting adjourned at 5:30 p.m. The