Loading...
HomeMy WebLinkAboutStaff Report 5.A 07/15/2019DATE: TO: FROM: SUBJECT: July 15, 2019 Honorable Mayor and Members of the City Council through City Manager()' Charles Castillo, Director of Human Resources Kenneth Savano, Chief of Police Resolution Adopting a 180 -Day Wait Period Exception as Required by Ca1PERS for Appointment of Clare Torina as an Extra Help Retired Annuitant RECOMMENDATION It is recommended that the City Council adopt the attached Resolution for a 180 -Day Wait Period Exception, as required by Ca1PERS, for appointment of Clare Torina as an Extra Help Retired Annuitant. BACKGROUND Ca1PERS, which administers the Public Employee Retirement Law ("PERL"), requires that legislative bodies appointing certain Ca1PERS annuitants (retirees) in extra help capacities take action to certify that these appointments are consistent with the PERL requirements for hiring annuitants. Sections 7522.56 and 21224 of the PERL permit the appointment of annuitants to perform work of limited duration in excess of what regular staff can do, eliminate backlog, or special project work. Furthermore, annuitants cannot be placed in permanent or regular positions and are separated from the appointment upon completion of special projects and/or excess work. Annuitants may be rehired if similar situations were to arise provided that employment is limited to 960 hours per fiscal year. DISCUSSION The Communications division of the Police Department is currently experiencing a staffing crisis due to vacancies, staff in training, and staff on protected leave. The division has two candidates currently in the final hiring phase but will require six to eight months of training to function independently. In addition, there is one Public Safety Dispatcher expected to complete training in three to four months. Taking into consideration minimum staffing requirements, these current conditions have resulted in elevated mandatory overtime. From July 1, 2019 to December 31, 2019 there is a monthly average of 451 hours of mandatory overtime which will need to be filled. Additionally, unforeseen emergencies, illnesses, and other potential staffing issues can likely exacerbate these conditions. After thirty-five years of service, Clare Torina retired from her position as Public Safety Dispatcher on June 29, 2019. The Communications division would greatly benefit from retaining Ms. Torina as an extra help Ca1PERS annuitant effective July -16, 2019, until staffing issues have been addressed through recruitment and training, not to exceed 960 hours within a fiscal year. Ms. Torina's extensive experience as a Public Safety Dispatcher and institutional knowledge will greatly support the wellness of the Communications staff, assist in reducing backlog, and help eliminate up to 580 hours of estimated overtime. PUBLIC OUTREACH There was no specific outreach performed in relation to this item aside from the normal public meeting agenda process. FINANCIAL IMPACTS In accordance with the employment agreement attached as Exhibit A to the Resolution, Ms. Torina will work up to 29 hours per week, on an as -needed basis, at an hourly rate of $37.12, which is Step 5 of Public Safety Dispatcher. She will commence work as an extra help annuitant on July 17, 2019. In compliance with the PERL, her temporary appointment will not exceed 960 hours. Accordingly, the temporary appointment would cost approximately $35,635 and will be offset by savings in mandatory overtime hours. ATTACHMENTS 1. Resolution with Exhibit A — Employment Agreement 2 ATTACHMENT 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA FOR 180 - DAY WAIT PERIOD EXCEPTION (Government Code Sections 7522.56 and 21224) WHEREAS, in compliance with Government Code section 7522.56 the City of Petaluma must provide Ca1PERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Clare Torina, CALPERS ID 1216760148, retired from the City of Petaluma in the position of Public Safety Dispatcher, effective June 29, 2019; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 26, 2019, without this certification resolution; and WHEREAS, section 7522.56 provides that this exception to the 180 -day wait period shall not apply if the retiree accepts any retirement -related incentive; and WHEREAS, the City Council of the City of Petaluma and Clare Torina certify that Clare Torina has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, the Petaluma City Council hereby appoints Clare Torina as an extra help retired annuitant to perform the duties of a Public Safety Dispatcher for the City of Petaluma under Government Code section 21224, effective July 17, 2019; and WHEREAS, the entire employment agreement, contract or appointment document between Clare Torina and the City of Petaluma has been reviewed by this body and is attached hereto; and 3 WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $6,434.13 and the hourly equivalent is $37.12, and the minimum base salary for this position is $5,290.13 and the hourly equivalent is $30.52; and WHEREAS, the hourly rate paid to Clare Torina will be $37.12; and WHEREAS, Clare Torina has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 1. The City Council hereby declares the above recitals to be true and correct and incorporated into this resolution as findings of the City Council. 2. The City of Petaluma hereby certifies the nature of the employment of Clare Torina as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Public Safety Dispatcher for the City of Petaluma by July 17, 2019 and to perform work in excess of what regular staff can do in accordance with Sections 7522.56 and 21224 of the Government Code, because the addition of Clare Torina as an extra help Ca1PERS annuitant would allow for up to 580 hours of overtime from August 1, 2019 to December 31, 2019 to be eliminated from the schedule, greatly assisting with the wellness of the Petaluma Police Department Communications Center staff during a time when there are three vacant full-time Public Safety Dispatcher positions and one dispatcher is currently on FMLA leave. 0 CITY OF PETALUMA POST OFncE Box 61 PETALUMA, CA 94953-0061 EXHIBIT A Teresa Barrett July 1, 2019 Mayor D'Lynda Fischer Mike Healy Gabe Kearney Dave King Kevin McDonnell Clare 'forma Kathy Miller Coundhnentbers 2208 Parldand Way Petaluma, CA 94952 Dear Clare, On behalf of the City of Petaluma, I am pleased to extend to you an offer of limited duration retired annuitant employment for the temporary position of Public Safety Dispatcher in the Petaluma Police Department to provide extra help with the current backlog. This notice confirms your start date to be July 17, 2019. Your salary will be $37.12 per hour, This position is non-exempt, and therefore is City Manager's office eligible for overtime under Fair Labor Standards Act regulations. As a temporary 11 English Street retired annuitant your hours worked are limited to 29 hours or less per week or Petaluma, CA 94952 126 hours or less per month and 960 hours per fiscal year. There is not a Phone (707) 778-4345 guarantee of a minimum number of hours, Hours will be'worked on an as -needed Fax (707) 778-4419 El -A basis. ciowigr tt ci.petal ttnta. ca. its Retired annuitants are not eligible for fringe benefits. Your employment status as a retired annuitant is at -will and is not subj ect to the provisions of the Personnel System Rules and Regulations, nor is it covered by a bargaining unit agreement with the City of Petaluma, As an at -will employee, you have no guarantee or expectation of continued employment. At the City's sole discretion, this appointment may be terminated by the City at any time without prior notice, In such event, you will be entitled to no compensation beyond that earned prior to the termination becoming effective. Final determination on any aspect of your Economic Development Phone (707) 778-4549 employment Will come directly from me, as City Manager, Fax (707) 778-4586 You are being employed for this work of limited duration because you have the HoushigDiNsion specialized skills and experience needed to receive 911 emergency and non - Phone (707) 778-4555 Fax (707) 778- 4586 emergency calls for service in the Petaluma Police Department Communications Center as extra help to assist with the current backlog, Information Technology Divislon Phone (707) 778-4417 California law prohibits appointment of a retired annuitant by a CalPERS Fax (707) 776-3623 employer if, during the 12 -month period before an appointment, you received unemployment insurance compensation for prior retired annuitant employment 121 couaxws:n ovvonrvxirr Page 1 of 3 - with any CalPERS employer. By accepting employment, your signature on this letter also serves as certification that you comply with this requirement. As a retired annuitant, it is your responsibility to ensure your employment complies with California retirement law during the entire course of your employment. A Guide to CALPERS Employment After Retirement dated February 2019 describes the potential consequences if you are found to be in violation of California retirement law: "Mandatory reinstatement from retirement, retroactive to the date the unlawful employment occurred. If reinstated, you will be required to reimburse CalPERS the amount of retirement allowance you received during the period of unlawful employment. In addition, through your employer, you will pay member contributions plus interest owed retroactive to your reinstatement date. Reinstatement could make you ineligible for any health benefit entitlement, Golden Handshake service credit, or reciprocity benefit you may have from your current retirement," As an annuitant, you are encouraged to consult with CalPERS representatives and/or legal counsel or other advisers as appropriate to ensure the proposed employment complies with applicable retirement laws and regulations. The City of Petaluma does not participate in Social Security; however, you will be subject to the Medicare premium of 1.45%. Please signify your acceptance of this offer of employment by signing and returning this letter to the Human Resources Office. Sincerely, Peggy Flynn City Manager CONDITION OF ACCEPTANCE OF THIS EMPLOYMENT In view of an annuitant's responsibility to comply with applicable retirement laws and regulations and to the maximum extent permitted by law, 1, for myself and my heirs and assigns fully release and discharge and agree to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers concerning any and all liability arising from any non-compliance of my retired annuitant employment with applicable retirement laws or regulations. As evidenced by my signature, I do fully accept the terms and conditions of employment, as outlined above, with the City of Petaluma and certify that I have not received unemployment Page 2 of 3 insurance compensation duping the last twelve-month period for prior retired annuitant employment with any Ca1PERS employer. Clare Torina Date Page 3 of 3