Cecelia M. Carter, Executive Director Seattle City Employees? Retirement System 9? Board of Administration To: Cecelia M. Carter, Executive Director ?7 . From: Mel Robertson CPA, Assistant Executive Date: Tuesday, June 24, 2008 I Re: Responding to your memo dated Monday, March 2425, 2008. This writing is in response to your memo where you have expressed concerns about inappropriate conduct. With regards to our meeting on Friday, March 14th, 2008 I did submit a request that the meeting be between you and l, to review the auditors memo. This is a function that I have managed since 1992, when I started working at the Retirement System. The 2 previous Executive Directors empowered employees and did not expect to oversee every detail of their work. While I appreciate you have the right to manage in your own style, and it is my responsibility to adapt to that style, I hope you can appreciate that the marked difference in your management style and that of the two previous Executive Directors may cause, from time to time, an occasional dif?cult perception regarding expectations. When the previous Executive Director began, we met to review how the audit process has worked in the past, including a general brie?ng as to which staff members were involved. Because Selam's role would have been part of that overview, I felt an initial meeting just between the two of us would have been helpful. We have always received an ?unquali?ed?, or clean opinion, the best that you can h0pe for. In truth, I have felt that have been pushed aside and kept out of the loop with regards to information that would normally be part of my day to day routine. do recall asking you in the March 14th meeting whether I was still in charge of operations, several times, and never received a definitive answer. The statement that I began to get up to leave is inaccurate, was merely repositioning my chair to make room for Selam, and I don?t believe that the level of my voice was inappropriately loud. In summary, I do not believe that was confrontational, although it is true that was questioning my role in the organization, and expressing my belief that my role had become marginalized. I can assure you I will be more discreet in the future. With regards to the information and documents that the auditor was requesting, was not refusing to supply them anything. I relayed to you a part of a conversation that was having with the auditors about their requests. I discussed the requests with the auditor, and met with the audit partner to review the information that they were seeking. The auditors were completely comfortable utilizing the data in the format that we currently have been using. We did not need to establish a new format to provide the same data. We also reviewed their interest in seeing additional data compiled along side the data we currently have available. There was no refusal to provide data to the auditors. This type of interaction with the auditors is completely normal and is a routine part of the annual audit. With regards to the State Auditor, there was a list of information that she was seeking to gather. Some of the information was easy to relay via email, which I did, and some of the other City Employees? Retirement System, 720 Third Avenue, Suite 1000, Seattle, WA 98104 Tel: (206) 386-1293, Fax: (206) 386-1506, Toll Free: (877) 865?0079 An equal employment opportunity. Accommodations for people with disabilities provided. information was more suited to a voice conversation. The auditor was experiencing some confusion about our two committees: the Investment Committee and the Advisory Committee. i did meet with the auditor to provide the explanations that she was seeking. There was no refusal to provide data to the auditor. With regards to the opening of the mail, I had stated that I sometimes receive a card or letter of a personal nature as well as con?dential personnel communications that doesn?t always get marked confidential. Since 1992, have always been receiving my mail unopened. However, it is a non-issue for me to abide by the new office policy. have absolutely no problem with it. I have previously mentioned to you that since 1992 I have served as the operations manager of the Retirement System. have plenty of information to share and I am completely willing to do so at any time. Sometimes when things come up, I may be able to offer you some insight into different ideas or options that you may consider. For example, when Jeannette was recently having trouble balancing the retiree payroll, when Cecilia Kwan was unavailable to assist her. Another example is when our Retired Section is bumping up to the payroll deadlines to get all the retirees set up on time. I have some insight that I can share, based on the many years of experience that have with the System; even if you chose to take a different approach, you would still have the input available to consider. With regards to the Accounts Payable matter, my point was that I wasn't consulted regarding the change in procedure, merely received an email along with others stating that was no longer involved in the accounts payable process. I realize that we have vastly different management approaches, and I suppose that was thinking that in this situation you might have suggested to me in advance the change that was being contemplated. With regards to the meeting that we did not have on March 7, 2008, subsequently apologized for missing our meeting. I forgot to schedule it on my calendar. I do recall the conversation that you refer to as happening shortly after your arrival in January. I was telling you that some of the worst problems that we have had to deal with were ones where our Retired Section did not adequately communicate with a couple of recent widows, and a widower. These are the situations that require the most care, when compared to most of the other communications that we have to make. I realize that we have many people that we deal with and occasionally it is easy to forget to get back to someone, however, the last thing we want is to have a widow call the Mayor?s Office to complain about our service. The 2 widows that was referencing in our conversation were ones that were extremely difficult to deal with. One was especially difficult to deal with, and very demanding from the outset of her contact with our office. The other widow?s situation was aggravated when the process didn't flow as well as it could have. In both of these situations I was called upon to come to the rescue and resolve the situation, which I did. I have a lot of experience dealing with people that need extra special care, or a problem that needs to be ?xed, or a wrong that needs to be righted. In the course of the conversation I thought that it was just me and you talking, and that we could be frank and candid with one another, and yes, I did use the word when I referred to the subjects of this matter. However, in light of your statement ?that such disrespectful references are unacceptable" reminds me of conversations that we had where you referred to Mr. Ken Yeager as "our crazy?. You mentioned that you had ?2 crazies? at the place you worked before, and that we were fortunate to only have ?one crazy?. I do agree that Mr. Yeager is an unusual individual; he is a member of our System that is drawing a disability retirement. I agree with you that respect is important. I also expressed that I felt as though I was being disrespected. I have not been included in discussions or decisions that affect my work, my decisions are overridden without informing me of such and other?s input is accepted without providing me a chance to offer mine. One such example is that of recent retiree Malcolm Derr. He was divorced a while back and the dissolution included a provision for the ex-spouse to receive a portion of his future benefit. The documentation provided that if she were to pass before receiving the anticipated bene?t that it would be payable to her heirs. She passed away before he retired. Upon consultation with Ted lnkley, Assistant City Attorney, I reviewed the intestate provisions as to who the rightful heirs could possibly be and the process we would take to determine such. It was determined that there were 2 sons, and that they were the heirs to which a benefit would be available. We contacted the sons, both of whom expressly waived their rights, which then permitted the participant/retiree to draw the entire benefit. At some point subsequent, we received a communication from the 2 sons, via their legal counsel, that they wished to withdraw their waiver and begin collecting the portion previously determined to be available to them. I changed the amount payable to the retiree to reflect the reduction that would be payable to the 2 sons and presented the file to Jeannette Ocampo, who supervises the Retired Section. asked her to contact the retiree to let him know what was going on and then to contact the 2 sons to gather the necessary information. The communication was not made, as requested, and Mr. Barr received his retirement allowance with a lower amount than he was anticipating and of course, he called the of?ce to complain. When we ?rst received the communication from the sons? counsel, we briefly reviewed the matter and you stated that the ex-spouses benefit was no longer available to her, or her heirs, since she passed prior to the participant?s retirement. The State Law regarding such matters does not prevent the heirs, or bene?ciaries, of a deceased ex?spouse from collecting the anticipated benefit. This is demonstrated in the document that we have available on our website that provides information about divorces and how they are handled with respect to retirement bene?ts, as well as sample QDRO language. In particular, there is language provided in either eventuality as to whether the parties agree to provide for a future benefit payable to the heirs, or bene?ciaries, of an alternate payee if the alternate payee were to die prior to the availability of the anticipated benefits. This document was reviewed and approved by Paul McDonald, who is a local attorney that the City Attorney?s Office recommends for tax matters. He is also an expert on how divorces are able to divide retirement bene?ts. (Paul McDonald is also the attorney that works with the Executive Director to periodically prepare submittals to the IRS, in order to help maintain the qualified status of the Plan.) I came to ?nd out later that the claim of the sons was denied. This is an example of where I think it would have been apprOpriate for us to have had a discussion about the decision to override the claim of the 2 sons. have been dealing with retirees and ex- spouses who are getting a divorce, or who are divorced, and about to draw a bene?t. I want to be able to provide the best information that I have available to these parties. I enjoy dealing with these people, both sides, and feeling like I can help them understand and work through a dif?cult situation with each side hopefully coming away from the process, as it relates to the Retirement System, feeling as though they have been treated fairly. My interest in wanting to be included in the discussions, or kept in the l00p with the information that I feel that I need to know, helps me to be able to provide our customers with the best service. I have worked hard over the years to care for the System and continue to work hard. I look forward to being able to continue working for the Retirement System until I am able to retire with at least 30 years of service credit. enjoy my work and hope to ?nd a way that we can work together. I am perfectly willing to show you the respect that you deserve and stand ready to work with you in a subordinate role. I will readily answer your questions and provide you with any input that you are interested in having. also stand ready to share with you the institutional memory of my many years with System, if you so desire. I will also do my level best to provide good customer service to our varied types of customers, as well as treat our staff with all due respect and courtesy. i hope that you understand that I have worked here for almost 16 years and enjoyed great working relationships with my previous Executive Directors, and have shared in their confidence and their successes. Our relationships were always constructive and collegial, and based on mutual respect. In my entire career far exceeding even these last 16 years at Retirement I have never received any form of discipline, nor was ever adjudged de?cient in any aspect of my work. For whatever reason, it seems apparent that I do not currently enjoy the level of con?dence from you that I have had with my previous supervisors. I understand that it is my role to adapt to the different style of management than that previously exercised here. I assure you i will do so. But respect is also a two-way street. As described above, I have felt minimized and circumvented almost since your arrival. I hope that the information I have provided you in this letter and in my June 6th memo to you allows you to realize that some of your perceptions of me are miscast, and any actions I have taken are neither negligent or ill?advised, but rather based on long-standing practices here, and based on a desire to do the System's work in the best possible way. Thank you.