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Pension OK'd for Andover Retirement Board chairman [The Eagle-Tribune, North Andover, Mass. :: ](Eagle-Tribune (North Andover, MA) Via Acquire Media NewsEdge) July 24--ANDOVER -- The Retirement Board has approved a disability pension for its own chairman worth up to $62,000 a year, not including so-called annuity payments he is also eligible for. James Cuticchia, a lieutenant with the Andover Fire Department, was injured on the job in February 2013. Although the specifics of how he was injured were unavailable, documents provided by the Fire Department show that he hurt his back. Cuticchia is also chairman of the Andover Retirement Board, which approved his disability pension following a lengthy medical review and numerous surgeries over the last 1 1/2 years. The four-person board voted 2-0 in favor of granting Cuticchia the disability pension. He recused himself from both the discussion and the vote on his pension. Elena Kothman, executive director of Retirement Services, and Town Accountant Theo Moccia both voted in favor of awarding the pension. The fourth board member, Anthony Stankowicz, was not present. Normally, there would be five members voting, but there has been a vacancy on the Retirement Board for two years because the Board of Selectmen has been unable to decide on a replacement. The pension was also approved by PERAC, the state's Public Employee Retirement Administration Commission. Cuticchia did not respond to requests for an interview. According to Kothman, Cuticchia was allowed to sit in the room as the board deliberated on his disability pension. "He did not participate in the vote or the discussion," she said. "He talked to the board's attorney, who said he didn't have to leave the room, but he couldn't participate in the vote or the discussion. He turns the chair over to someone else on the board and just sits there." FD medical leave Cuticchia's disability pension came to light after Fire Chief Michael Mansfield requested additional funds from the Finance Committee in June to pay the medical costs of firefighters injured in the line of duty. By state law, when a firefighter or police officer is injured on the job, the town -- not the employee's health insurance provider -- pays the medical bills, similar to the way workers' compensation works in the private sector. Because he didn't have enough money in his own budget, Mansfield sought an additional $75,000 from the Finance Committee to cover the cost of injuries his department members sustained in fiscal 2014, which ended June 30. That augmented about $20,000 he already had, bringing total medical costs for the department to almost $100,000. After brief deliberations, the Finance Committee granted Mansfield his request, tapping the reserve fund set aside for emergency expenditures, which this past fiscal year was set at $200,000. It is the second time the fire chief has been in front of the Finance Committee. Last year, Mansfield hit up the committee for about $50,000 to cover firefighters' medical bills. The reason for the high cost of injuries billed to the town over the last two years is primarily a result of Cuticchia's injuries. Mansfield confirmed that the biggest contributor to the cost overrun was that one lieutenant had been out for more than 1 1/2 years with a back injury. Mansfield declined to name the injured employee, citing federal and state confidentiality law. But Cuticchia's name was confirmed by the Retirement Board and the president of the firefighters union. Based on the number of hours of medical leave taken, the last two years were the highest years of medical leave at the Fire Department in the last 12 years. According to a chart provided by the fire chief to the Finance Committee, in fiscal year 2011, firefighters were out just 366 hours of medical leave from on-the-job injuries. In fiscal year 2012, that number rose to 580 hours. But in 2013, after Cuticchia got injured, the number of hours skyrocketed to 3,583. Last year was even higher, with 4,341 hours of injury leave recorded. The chart shows a lieutenant was out 2,016 hours in fiscal 2014, costing the town $34,707 in medical leave. The cost of overtime to fill his position topped $127,300. According to the chart, the lieutenant sustained a back injury. Cuticchia isn't the only one with costly injuries in fiscal 2014. Another 16 firefighters and two other lieutenants were injured in the line of duty for a total cost, as of the end of May, of about $90,000. Overtime to cover all of the injured firefighters was almost $240,000. The types of injuries also varied, with eight people out with back injuries, two with knee injuries, and one each with a shoulder, right thumb, mouth and shoulder/elbow injury. Two were treated for exposure injuries. According to union president Eric Teichert, firefighters are required to log any kind of injury they receive in case they need medical treatment, which is then paid for by the town. For example, during fiscal year 2013, there were more than 40 injuries reported, but only 14 of them required medical leave and treatment paid for by the town. Of those requiring leave, one person was injured and out for 176 hours after straining his right shoulder while hooking a hose to a hydrant. Another injury was sustained when a firefighter twisted his ankle stepping off the ambulance. That injury required 44 hours of medical leave. Other injuries reported that did not require injury leave included: slipping on ice in the parking lot, walking into a trailer hitch, having pain and ringing in the ears and bumping a door with a knee. One person reported a "chipped tooth" from "exercising" in 2011. Another person reported a left arm injury from an insect bite. Mansfield confirmed that quite often, treatment is not needed, but that injuries are logged in case medical treatment becomes necessary. Retirement board policies In Cuticchia's case, he apparently needed numerous surgeries and attempted to resume duty, but was ultimately deemed unfit to return to his job. "The approval of the accidental disability retirement was based on medical panel results," Kothman said. "The findings of fact are that the member is disabled, the disability is permanent in nature, the injury is work related, and the member is no longer able to perform the essential duties of his position." The state commission approved the finding and Cuticchia's retirement was effective July 9. The Retirement Board will be notified of PERAC's decision at its next meeting July 24, Kothman said. The fact that the board approved a disability retirement for its chairman may not sit well with some in town who have criticized the panel for being too lenient in its policies, thus creating more of a burden on the long-term liabilities in the budget. Bob Landry, founder of the budget watchdog website townofandover.com, said the Retirement Board has "made it clear they aren't accountable to the town. There's no shame. He (Cuticchia) has managed to get himself a disability pension. This guy kills me ... with his sense of entitlement." The Board of Selectmen and Town Manager Reginald "Buzz" Stapczynski have tried to convince the Retirement Board to change some of its policies regarding part-time workers receiving full-time retirement and health care benefits, but have been unsuccessful. During a recent meeting with selectmen, Cuticchia said the Retirement Board is an autonomous group that doesn't report to anyone in town, but whose actions are governed by state law. Selectmen Chairman Dan Kowalski has started a series of discussions regarding the Retirement Board in the hopes of altering some of its policies to reduce the hundreds of millions of dollars in obligations owed to retirees over the next 30 years. He has also appointed a subcommittee to lead the process of picking the next member of the Retirement Board. A decision is expected soon. ___ (c)2014 The Eagle-Tribune (North Andover, Mass.) Visit The Eagle-Tribune (North Andover, Mass.) at www.eagletribune.com Distributed by MCT Information Services |