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HomeMy WebLinkAbout10 - Contract with Former City Employee, Michelle Caldwell�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report September 27, 2016 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Damon Psaros, Lieutenant, dpsaros@nbpd.org PHONE: 949-644-3660 TITLE: Contract with Former City Employee, Michelle Caldwell ABSTRACT: The Police Department seeks City Council approval to temporarily hire a Police Dispatcher who retired on December 28, 2012, to fill an unexpected vacancy due to a critical illness. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with former employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until the earlier of when the Dispatcher vacancy is filled or September 27, 2017. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for the TEA. It will be expensed to the Seasonal Salaries account in the Support Services Division of the Police Department, 01035352-711004 DISCUSSION - Council policy F-20 states that the City Council shall review and consider any contract the City enters into with a former employee. The Police Department seeks to hire Michelle Caldwell on a limited basis effective September 28, 2016, to temporarily serve as a Police Dispatcher. Ms. Caldwell served as a Police Dispatcher from May 1984 until she retired on December 28, 2012. 10-1 Contract with Former City Employee, Michelle Caldwell September 27, 2016 Page 2 The recent long-term illness of a full-time dispatcher, combined with the Police Department already short staffed by two part-time dispatchers, has necessitated this TEA. The Department cannot fill the extended vacancy with existing employees. Ms. Caldwell possesses specialized skills and knowledge necessary to perform the functions of the Police Dispatcher. As a career Police Dispatcher, Ms. Caldwell is able to effectively and efficiently handle the duties and responsibilities of a Police Dispatcher. The Temporary Employment Agreement provides: 1. On September 28, 2016, the City will engage Ms. Caldwell at $37.73 per hour, the amount equal to a Police Dispatcher with similar experience. Should Ms. Caldwell work the maximum allowable 960 hours, her total compensation would be approximately $36,220.80. 2. She will not to be paid overtime or work overtime. 3. Her work with the Police Department shall cease upon the earlier of the Department filling vacancies with fully trained Police Dispatchers, or September 27, 2017. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Temporary Employment Agreement for Michelle Caldwell 10-2 ATTACHMENT A TEMRCRIARY 19MRUOYMBN T AGREEMBN T Wl'W MICHELLE CALDWELL POR POLICE DISRATCHER SERVICES THIS A G RIEEMBN T FOR RC Blll RIETI RIEM BNT -113MPORARY BM PLCYM BNT ("Agr6emeint") is made effective as cf 2811• day of SeptEirriber, 2016 ("Bfileciive Date"), by and bEitwleen the City Cf N ewpori Beach, a California municipal cc rporation anc aharier city ("City") and Michelle Calc Aeill Q"Emplcyee whosEi mailing address is 28149 Alava, Mission Viejc, CA 926 2, with rEiference tc the fclloAing: RECITALS A. Ciiy is a municipal corpc raticri c my organized and validly existing c nder the laws cf thEi State cf California with the pcwEA to ciarry on its k usiriess as it is naw being ccridLcied underthEi statutes cf the State cf California anc the Cl-arter cf &e City. B. In acccrcance Wil- GovEirnmeint Code Secticri 21224(h), EmplcyeCS servicers are being rEitained by 1 he Ciiy becaL se Bmplcyee has specialized sk ills neEclEcl in perfcrrriing work of IimitEic duraiicri dL ring an emergency lo prevent sic ppage cf public business. The ccrripEinsaiicn for the aprlcintmEint shall not e)cie6d the maxiML m rricnihly base salary) paid tc other emplcyeies perfcnrriing comparables dutiEis as IistEC cn a publicly available i pay schedule dividEid by 173.333 tc equal an hourly rale. A retired pEirscn appcinied pursearil is this section shall riot recieive any benefit, incerilive, ciompensation in lieu cf bEinefil% or othEir fcnrri cf cc mpensatic n in addition tc the he urly clay rat ei. A retirEcl annuitant appc intEcl purse aril tc 1 f• is sectic n shall not we 0 me ne than E60 he L rs each fiscal year regardless cf whether her or she we rks for one cn me re erriployEirs. C. ThEi Ciiy desires lc Eirriplcy Emplcyee on a provisicrial "at will' basis and to enter inio an Agreement with Brriplc yeEi fc r tEirripc rary PC IicEi Dispatcher e nrllc y rrient ("Pcsiticn") services L pcn tl-e terms and conditions in ll -is AgrEiement. ❑. Emrllcyee is willing to accerli such terripc rary employment on the terms and cc riditions seat forth in this Agreement. NCW, Th EREFORIE, it is mutually agreed by and k etwleen thEi c ndersigned parties as fc Ilc ws: 1. TERM The tEirrri cf iris Agreeirrient shall ciommencie on C.:leptembeii 28, 2016, cn earlier as direcieid, in wailing, by the Pclicie Chief, and shall end ElEipte nber 27, 20'17, unless terminated earlier as provided herein. 2. SERVICES 11C BE PERFORMED B)l EMRLOYEE 2A .1--lervicies scall include the fallowing: Rolicie Dispatcher duties, as furtheir detailed in the pct Description, atilached heiretc as B)hibit A and iriccerloratEic herein by 10-3 referEEnce. 2.2 All duties shall bee performed in compliancEe with City ordinances, policies, rulers and regL lations. Erriploy ecce sl• all familiarize rim or hEirself wil h thEi City's Brriployee Manual. Al all times, Brriployeee agrees to perlorrri all Sleervicies r6lated to Brriployee's erriploymeeril hereL rider faithfully and diligEently and to discharge thEe responsibililiees thEAEeof to the best of EmployEee's ability. 3. COMPEN STATIC N 3.1 As consideration for ire performances of specified Services undEer this Agreeerrient BrriployEeEe sr all be corripensated as follows: 3.1.1 Flay of 111hirlyl Seven Dollars arc 73/1(10 ($37.73) per hoc r ilor hours uvorked pwisL ant to this Agreement. Employees shall be paid on a bi-u` eek ly basis corresponding to the City's payroll schedule and Employee is subject to State and Federal income lax \Ailhholdings. $37.73 per four shall be considered just ciompensalion and no additional bEiriefits or hcliday pay \till be provided underlr is Agr6ement. 3.1.2 BrriployeEe shall mairilain and submit complete records of time expended purse ant to iris AgreemEEnt and comiesponding to Cily's payroll schedule. 4. HOURS 4.1 l-olrs cf work are nol guaranteed. Employee's services \`ill bei prcvidec crr an as needed, per project basis, L pon writteen reqs est of the Pelices Chief c r City Manager. Hours cf work shall riot eexcEeed for y (4 0) he L rs per w eek. 4.2 It is expressly understcod that Brriplcyee is a nonexeempl Brriployee and employment is for a pric\ isional, "at will" position. 4.3 BrriployEee sl•all riot work rrione than 9E0 fours during the term of the Agreement in acccrdance \Ailr CalPERS post retirement erriplcyrrienl guidelines. The Emplcyee shall be responsible fc r rrionitoring the hours wcrked during these tirrie pEericds to insure full cc mpliaricee. 5. ADMIN IS TRAiTIC N phis AgrEEeerrient will bee administered by tr e Police Department. City's Flolice Chief on cesignee shall be the Administrator and sl- all have lhE autf oriily to acl for City undeir this AgrEeement. Tree Administratcer shall reprEEienl City in all rriatteuis pertaining lci the services to be rEendereed pursuant to tr is Agreerrienl. E . NOTICES E.1 All notices, derriands, reequEesls c r approvals, including any cir ange in mailing ac driess, to be given under the terms of tris Agreement shall be given in writing, and ccnclLsively shall be dEeemed seertired when deeli%erEd personally, oer cn thEe third businEess Michelle Caldwell Page 2 10-4 day after ire deposit hereof in the United States mail, plostage preplaid, first. -class mail, addressed as hereinafter provided. 6.2 All notices, demands, requesis or aplpro�als from Bmployee lo Ciiy sl•all be addressed to Ciiy at: Attn: Police Chief Rolice Depart rrierii City of Newport Beach 870 Santa Barbara Drive P.O. Box 7000 N ewpori Be act , CA 92660-7000 6.31 All notices, demands, requesis or aplpro�als from City to Employee sr all be ac dre ssed to Consulllant al: Michelle Caldwell 28149 Alava M ission Viejo, CA 92692 71. I E RMINAI ION 7.1 Employee's employment is "at will" which means that Emplloyee's e rriploymeni w ii r City may be to rminate c at any time , w itr or without cause, by either party by giving 24 hours prior written notice to it e other party. 7.2 Rrovisional Employee shall mean any person who, pursuant lo an Appointmeni, contract or otherwise, pie rforms work irat is generally identified in the Anneal Buc gel and is of limited dural ion or seasonal in nature. 7.31 Brriployee's employment status cannon be changed except in writing on a form signec byire Department Director, City Managerand Bmployee. 7.4 frothing in this agreement sr all prevent, limit or otherwise interfere wiilh the right of the Brriployee to resign at any time from the temporary plosition with the City. 7.5 No promises or re presentations regarding regc lar, full iirrie or permane rit employment siatLs rave been made lo Employee and Employee ras no expectation of permanent Employment wiilh the City. Rurthermore, Employee has no e)pectation of Civil Service classification, rights or status under this Agreement. 7.6 Lpon termination of iris Agreement, the City stall pay to BrriployeE that portion of compensation srlecifiEd in this Agreement irat is earned and unpaid prior to the Effective date of tE rrriinai ion. 8. BRRECI OR RRICR AGREEMBNISI This Agreemerii supersedes any prior agreerrient betwleen the City and ire Miche Ile Caldwe II Rage 3 10-5 Emrlloyee, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring to the Employee of a kind elsewf•ere provicec and riot expressly provided in chis Agreemeri1l. 9. CW NERSHIP C DOCUMENTS Each and every report, driafil, rriap, record, plan, docurrieni and ollher "rifling groduced (thereinafter "Docurrients";, rlrerlared or caused to be rlrerlaried by Brriployee, in 11-e course of implerrienting this Agreement, shall become 11he exclusive grorlerty of City, and City shall have the sole right to use SLch materials in ills c isc retion " illhout further corripensaiion to Brriployee or any others party. 10. CONFIIDEINTIAUITY Employee shall I-olc and safeguarc corifideniial inforrrriaiion in trust for 11he City anc shall not, without the prior %riitten consent of the City, misapproprialle or c isclose or make available to anyone for use outside the City at any tirrie, either c uring I` is erriploymerii "iih the City or subsequent to the termination of his erriploymeni with the Ciiy for any reason, incluc ing, willhoul limitation, termination by the City for cagy se ori without cause, any confidential information, wheiher ori nol develorled by Employee, excepi as requiried in the performance of Brriployee's duties to the City. All documents, including crafts, preliminary dra" ings or plans, notes and commc nications 1 hat result from the se rvices in chis Agreement, shall be kept confidential unless Ciiy authorizes in wriilling the release of informailion. 11. CONFILICTS CA INTEREST 11.1 TI- e Employee may be subject to the provisions of the Califorinia Political Reform Act of 1974 (the "Act"), which (11) requires such plersons to disclose any financial irillerest that may foreseeably be materially affecled by the "ork performec under this Agreement, and (2; prohibits such persons from making, ori pariicipalling in making, decisions that will foreseeably financially affect such inllerest. 11.2 If subjeci to the Act, Employee shall confcrrri tc all requiremerills of 11he Act. Failure is do so consiiiLies a material breach and is grcLnds for immediaie termination of this Agreement by Ciiy. 12. CUTSIDE AC-MVMIES 12.1 8mployee is expected io devote his)1reri full lime, attention and efforts to the performance cf f is cr her assigned duties. An Empicyee shall nct eingage in any cutside erriploymerii cr business activities during his)lheri workday. Ari Employee shall nol engage in any employment, cLiside acrtiviiy, or enteiiplrise chat is inccrisisterii, incompatible or in ccnflict \Aiih, ori thall interieres willh, hisilher ability 110 perform the dullies, iuriciicns, or respc risibilities of his/he r Position. 12.2 8rriployees may obtain andilor mainilain emplcyrrient wilt• persons or entities cthertl•an the City or self-erriployrrient I1outsic e erriployrrierit,' subject to written approval by Michelle Caldwell Page 4 10-6 the Deparl ment Director. 13. EMPLCYEE'cS INDEPENDENT REVIEW Employee acknowledges 11 -at he has had the opportunity and has conductec an indepencent review of the financial and legal effects of chis Pgreerrient. Brriployee ackno\A ledges that 1• a has made an independerii judgment c pon the finaricial and legal efilects of this Agreerrierii and has not relied upon any representation of Employer, its ofilicers, agents or employees other than inose expressly set forth in this Agneerrient. Employee acknow ledges that he has been advised to obtain, and has availed himself of, legal advice with riespect to the terms and plrovisions of this agreement. 14. STANDARD PRCMISICNS 14.1 Recitals. Cily and Employee acknowledge that the above Recitals are true and correct and are herEby incorporated by reference into this Agreement. 14.2 Compliance with all Laws. BrriployE a shall, at its ow ri cost and O pE rise, comply with all statutes, ordinances, regulations and riEquirements of all governmental Enlliiies, including fEceral, state, county or municipal, whether now in force or hereinafter Enacted. In addition, all work prepared ty Brriployee shall conform to applicable City, county, sialle and federal laws, rules, regulations and pE rmil requirE rrients and be subject to arlproval of the DE parlmE ril Director and City. 14.E Conflicts or Inconsisllencies. In the Event there are any conflicts or inconsistencies betv\eeri this AgreerriEni and the Elcope of Elervices cr arty cther attachments attached hereto, the tE rrris of this Agreement shall gcvern. 14.4 WaivEr. A waiver by either plarty of any breacl•, of any term, ccvenant or cc ndition containE d hE rein shall riot bE deemed tc bE a VbaivE r of any subseqL ent breach cf the same or any otf er term, covenant or conc ition contained herein, whether of the sarrie c a differE nt character. 14.5 IntE gratE c Cc ni ract. This AgrE emE n11 rE presents the full and corriplele undE rslanding of eve ryl kind or natc re \&f atsoever betwEE n the parliE s hE relo, and all prelirriinarynE gctiations and agrE emE nis cf whatsc ever kind c r nature arE merged herE in. No verbal agreement or implied cioveriant shall be V eld tc vary the provisic ns he rein. 14.6 IntE rpretation. The terms of this AgreemE nt shall be construed in accordancE with the meaning cf ll• a language used and shall nct be ccnstnL ed for or against eithE r party by reason of tl• e autl-orship cf tl• a Agreement or any citl-e r rule of cc nsl ructic ri which might c 1 f a nniiise apply. 14.7 P rriendmE nts. This Agreement may be modified c r amended only by a \A ritlE n docurrient execc Ied by bcth Employee and Cily aric approvec as tc form by the Cily Attorney. 14.E Severability. If any term or portion cf this AgrEE rrient is 1• eld tc bE invalic , MiahE lie Caldwell Page 5 10-7 illegal, or c therm ise L nenforceable by a cc L r1 of cc rripeterii junisc iction, 1 he remaining provisic ris of this Agreement shall coria inue in full fc rcie and efilecit. '14.9 Controlling Law and Venue. The laws of the State of California sr all govern this Agreemerii aric all matters relating to ii and any acition brc ugH relating tc 11his Agreement shall be adjL dictated in a cc urt of cc mpeient jL risdicllicri in the COL my cf C range, State c f Calk nnia. 14.10 No Atilc rneys' Fees. In the event of any c ispute c r legal actic n anising under it is Agreemerii, it a pne%ailing party shall nct be entitled to attcnneys' fees. '14.11 CounlErpads. llf is Agreement may be exeCLsled in twlc (13) on more ciouriierpads, eacr cf which shall be deemed an onigirial and all cf which ilogeirer shall cionstitute c rie (1; and 11 he sarrie instrument. (SIGNATURES C N NEXT RAGE] M icl• e IIE Caldwell Rage 6 M: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Jon T. Lewis Police Chief APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp S City Attorney ATTEST: Date: By: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager EMPLOYEE: Michelle Caldwell Date: By: Michelle Caldwell [END OF SIGNATURES] Attachments: Exhibit A: Job Description Exhibit B: Post Retirement Temporary Employment Certification Michelle Caldwell Page 7 10-9 EXHIBITA JOB DESCRIIPTIC N MicV elle Caldv\ ell Rage A-1 10-10 CFrY OF NEWPORT BEAUi Established Date: May 9, 2DQ6 Revision Date: Aug 28, 2W9 POLICE DISPATCHER - ENTRY LEVEL/LATERAL Class 00 Bargaining Unit: Police Association SALARY RANGE $25.81 - $37.73 Hourly $2,145.12 - $3,018,42 Biweekly $4,547.76 - $5,539.91 Monthly $55,773.12 - $78,478.92 Annually ]EFINMON: To receive and process emergency and nonemergency calls for service and dispatch, police units using computer aided dispatch and a variety of communications equipment; performs related duties for animal control and parking control officers and related requests for service. SUPERVISION RECEIVED AND EXERCISED: Receives general supervision from Civilian Supervisor and Police Management staff. ESSENTIAL DUTIE$: Duties may include, but are not limited to, the following: • Receive emergency and non -emergency calls from the public requesting police, Fire or other emergency service, determine nature and location of emergency, determine priority and dispatch emergency units or refer calls as necessary and in accordance with established procedures; • Respond to field unit requests and maintain their status; • Relay information and assistance requests involving ether law enforcement agencies; • Monitor alarms received through automatic alarm systems; dispatch units as appropriate; • Make inquiries and interpret responses from Teletype networks relating to wanted persons, stolen vehicles, vehicle registration, stolen property, etc. • Test and I-nspect equipment as required; • Establish and maintain daily log of all field calls and units dispatched; record, classify, and maintain records of communication; • Operate a variety of communications and office equipment; and • Perform related duties as assigned or required by the position. QUALIFIGATI©NS: To perforna this jab successruliy, an individual must be aide to perform was essential hinctiaan. The raquirernents listen below are representative of the knowledge, skill and/or ability required Knowledge of: Geographic features and streets within the area served; Federal Communications Commission rules and regulations governing the operations of radio receivers and transmitters; General law enforcement practices; Correct English usage, spelling, punctuation and grammar; and 10-11 Moderin office piiocedures, pnactiaes and equipment. \Aonk unden priessure, exencise gaod judgmeint and make sound decisions in emergency situations; Maintain camposune during times oll peak wonk activity and lem!e or slresAul situaiicins; Maintain canfidenlial inllarmation and high eihiaal standards; not be subject to impeaahment in court due to ahaiiaater, nepulation, hisioryi ofl dishanest,�, or viclafan all law; Effeidively aommunicate with and abtain inliorimation from upset and inate aitiaens; type at a speed neaes!ary fon succeissflul job perfanmance; Lnder! tand and liallaw oral and wridein instnuctians; Operate dispatch, Teletype and other office equipment; Vl onk \ianiaus ! hiftl as assigned; Clammunicaie cleanly and concisely, bath orally and in waiting; Appear 11ar warik on time; Follaw dineatians fnam a ! upervi! an; L nders tand and 11cllaw pasted work riules a nd pnocedures; Accept con!tructive criticism; and Establish and maintain cooperative working nielalianship with thase aonl Wed in the cour<ie ofl wank. phis position may be sequined to wark aver ime hours as needed. EXPERIENCE & TRAINING AND LICENSE /CERTIFICATE Any combination A experienae and Iriaining that would likely pnovide I l e required knowledge and abilities is qualifying. AI typical way to obtain the kncnnnledge and abilities would be: Elxperiemcc: EntN level Alppaintment9: Prian publia contact cni police agency expenience desirable. Prion Clalifannia public sa flety dispatching experiience is high ly desirable. Lateriai Alppoinl ments: One year of expenienae wit h a Calillonnia police agen ay as an emengency dispatcher. Training] F igh school griadualicin ar G.E.D; passes! ion A a POST Publia Safety Dispatcheir certificate is highly des inable. Licensee or (led ificatc: Possession ofl, on ability to obtain, an apprctpniate, valid Califlornia driver`! license. Possession oil, or ability to obtain, a POST Dispatal Alaademy Publia Slafet) Dispatcher Certiflicale. Additianad Rerqu irermeert: Prian to employment, the prospective candidate must successflully aamplete a Ihaaougl backgnound review, including being flmgenprinled by Newport Beach Polices Department, Disaster Service Wc16er: In accordance with Cloveninment Code Section 3]00, Clity of Newport Beach employees, in the event of a di! a! tell, are con! idened disasi en servflce wankens and may be asked to riespond aacaridin gly. 10-12 EXHIBIT B POST REITIREINIENTTEMPORARY EINPLC YMENT CERTIRICA-MCIN Tt e City of Newport Beaoh II" Cily", and Michelle Caldwell I1"Employee"; are cionlemplating entering a post-retiiiemerit temporary employment agneErrient II"AgiieErrient", for tempoiiary DispallchEir sElrvicES Wihiri thEi Police DepartmEril. Brriployee ackno\A lec ges that t e will ac here to the fc Ilo\A incl teimpouary erriployrrient requiuements: 41 BrriployEie shall not work moue it an 960 hours during Ca& City fiscal year in accouc ance with C alRORS post retiuement employment guidelines. 41 The Emrlloyee st all be responsible foil monitoring the hours worked do ring eEich C ity fiscal year to ensure full compliance. RL rl her, the BrriployeE certifies the follo\A ing: "I, M ichellE Caldwell, certify that I have not %Uiived any L nerriployrrient insc rancEl corripEinsation arising out of prion employmEint \A ith a publio erriployeu do ring tte last twelve (12; rriontts. I understand that if I arri ueceiving a pension benefit lrorri a public retiiiemEint system and have received any unemployment insurancie ciomperisation arising out of puioii Employment with a publio employer daring the last twelve 1112; months, I arri riot eligiblEi tc serve or bEi Eirriployed by the City of Newrlort Beach pursuant to Government Code Section 7522.56ijE',(j1)." Michelle C a Id\A ell, Brriployee Date M ichelle C alc w eill Page B-1 10-13