HomeMy WebLinkAbout14 - Contract with Former City Employee, Michelle CaldwellPORT CITY OF
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City Council Staff Report
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September 24, 2019
Agenda Item No. 14
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 rehire Michelle
Caldwell, a Police Dispatcher who retired on December 28, 2012, to fill Dispatcher shifts
resulting from temporary vacancies. These vacancies are due to an unexpected
retirement, resignations, leaves, and extended out -of -service training periods.
Ms. Caldwell can immediately fill any shortages in the Dispatch Center schedule.
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 New Temporary Employment Agreement
(TEA) with former employee, Michelle Caldwell, who retired on December 28, 2012,
to temporarily fill the position of Police Dispatcher until all vacancies can be filled.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for the TEA. It will be expensed
to the Part-time Salaries account in the Support Services Division of the Police
Department, 01035352-711003.
DISCUSSION:
Council Policy F-14 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, 2019, to temporarily serve
as a Police Dispatcher. Ms. Caldwell served as a full-time Police Dispatcher from May
1984 until she retired on December 28, 2012. Ms. Caldwell is currently working under a
TEA amended September 25, 2018 and expiring September 27, 2019.
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Contract with Former City Employee, Michelle Caldwell
September 24, 2019
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The Police Department anticipates several periods of reduced staffing availability over
the term of the TEA with Ms. Caldwell. These vacancies are due to an unexpected
retirement, resignations, leaves, and extended out -of -service training periods. These
shortages necessitate this TEA.
The Department cannot fill these shortages with existing employees. In addition to
staffing shortages due to FMLA leaves and extended training periods, the Department
currently has three part-time Dispatcher vacancies. The hiring process to replace the
three part-time Dispatchers is underway but will take at least 12 months before new
employees are hired and trained to a minimum level of proficiency. As a retired career
Dispatcher, Ms. Caldwell possesses specialized skills and knowledge necessary to
perform the duties and responsibilities of a Police Dispatcher and she provides
additional staffing hours needed to cover scheduling shortages.
The Temporary Employment Agreement provides:
1. On September 28, 2019, the City will engage Ms. Caldwell at $38.68 per
hour, the amount equal to a part-time Police Dispatcher with similar
experience. Should Ms. Caldwell work the maximum allowable 960 hours,
her total compensation would be $37,132.80.
2. She is not to be paid overtime or work overtime.
3. The Police Department currently anticipates several temporary Dispatcher
vacancies as noted above. These vacancies will create staffing shortages
and negatively impact the Police Department's ability to meet minimum
staffing levels. Ms. Caldwell's work with the Police Department shall cease
when the Department fills all vacancies with fully trained part-time Police
Dispatchers.
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).
ATTACHMENT:
Attachment A — Temporary Employment Agreement for Michelle Caldwell
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Attachment A
TEMPORARY EMPLOYMENT AGREEMENT
WITH MICHELLE CALDWELL FOR POLICE DISPATCHER SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement") is made effective as of 28th day of September, 2019 ("Effective Date"),
by and between the City of Newport Beach, a California municipal corporation and
charter city ("City") and Michelle Caldwell ("Employee") whose mailing address is 28149
Alava, Mission Viejo, California 92692, with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City.
B. In accordance with Government Code Section 21224, Employee's services are
being retained by the City because Employee has specialized skills needed in
performing work of limited duration during an emergency to prevent stoppage of
public business. The compensation for the appointment shall not exceed the
maximum monthly base salary paid to other employees performing comparable
duties as listed on a publicly available pay schedule divided by 173.333 to equal
an hourly rate. A retired person appointed pursuant to this section shall not
receive any benefit, incentive, compensation in lieu of benefits, or other form of
compensation in addition to the hourly pay rate. A retired annuitant appointed
pursuant to this Section shall not work more than 960 hours each fiscal year
regardless of whether he or she works for one or more employers.
C. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Police Dispatcher employment
("Position") services upon the terms and conditions in this Agreement.
D. Employee is willing to accept such temporary employment on the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on September 28, 2019, or earlier
as directed, in writing, by the Police Chief, and shall end September 28, 2020, unless
terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Police Dispatcher duties, as further
detailed in the Job Description, attached hereto as Exhibit A and incorporated herein by
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Attachment A
reference.
2.2 All duties shall be performed in compliance with City ordinances, policies,
rules and regulations. Employee shall familiarize him or herself with the City's Employee
Manual. At all times, Employee agrees to perform all Services related to Employee's
employment hereunder faithfully and diligently and to discharge the responsibilities thereof
to the best of Employee's ability.
3. COMPENSATION
3.1 As consideration for the performance of specified Services under this
Agreement Employee shall be compensated as follows:
3.1.1 Pay of Thirty Eight Dollars and 681100 ($38.68) per hour for hours
worked pursuant to this Agreement. Employee shall be paid on a bi-weekly basis
corresponding to the City's payroll schedule and Employee is subject to State and Federal
income tax withholdings. $38.68 per hour shall be considered just compensation and no
additional benefits or holiday pay will be provided under this Agreement.
3.1.2 Employee shall maintain and submit complete records of time
expended pursuant to this Agreement and corresponding to City's payroll schedule.
4. HOURS
4.1 Hours of work are not guaranteed. Employee's services will be provided on
an as needed, per project basis, upon written request of the Police Chief or City Manager.
Hours of work shall not exceed forty (40) hours per week.
4.2 It is expressly understood that Employee is a nonexempt Employee and
employment is for a provisional, "at will" position.
4.3 Employee shall not work more than 960 hours for all employers during the
term of the Agreement or during any single fiscal year of the City in accordance with
CalPERS post retirement employment guidelines. The Employee shall be responsible for
monitoring the hours worked during these time periods to insure full compliance.
5. ADMINISTRATION
This Agreement will be administered by the Police Department. City's Police
Chief or designee shall be the Administrator and shall have the authority to act for City
under this Agreement. The Administrator shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
6. NOTICES
6.1 All notices, demands, requests or approvals, including any change in mailing
address, to be given under the terms of this Agreement shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
Michelle Caldwell Temporary Employment Agreement Page 2
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Attachment A
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Employee to City shall be
addressed to City at:
Attn: Police Chief
Police Department
City of Newport Beach
870 Santa Barbara Drive
P.O. Box 7000
Newport Beach, CA 92660-7000
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to Consultant at:
Michelle Caldwell
28149 Alava
Mission Viejo, CA 92692
7. TERMINATION
7.1 Employee's employment is "at will" which means that Employee's
employment with City may be terminated at any time, with or without cause, by either party
by giving 24 hours prior written notice to the other party.
7.2 Provisional Employee shall mean any person who, pursuant to an
Appointment, contract or otherwise, performs work that is generally identified in the Annual
Budget and is of limited duration or seasonal in nature.
7.3 Employee's employment status cannot be changed except in writing on a
form signed by the Department Director, City Manager and Employee.
7.4 Nothing in this agreement shall prevent, limit or otherwise interfere with the
right of the Employee to resign at any time from the temporary position with the City.
7.5 No promises or representations regarding regular, full time or permanent
employment status have been made to Employee and Employee has no expectation of
permanent employment with the City. Furthermore, Employee has no expectation of Civil
Service classification, rights or status under this Agreement.
7.6 Upon termination of this Agreement, the City shall pay to Employee that
portion of compensation specked in this Agreement that is earned and unpaid prior to the
effective date of termination.
8. EFFECT OF PRIOR AGREEMENTS
This Agreement supersedes any prior agreement between the City and the
Michelle Caldwell Temporary Employment Agreement
Page 3
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Attachment A
Employee, except that this agreement shall not affect or operate to reduce any benefit
or compensation inuring to the Employee of a kind elsewhere provided and not
expressly provided in this Agreement.
9. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Employee,
in the course of implementing this Agreement, shall become the exclusive property of
City, and City shall have the sole right to use such materials in its discretion without
further compensation to Employee or any other party.
10. CONFIDENTIALITY
Employee shall hold and safeguard confidential information in trust for the City and
shall not, without the prior written consent of the City, misappropriate or disclose or make
available to anyone for use outside the City at any time, either during his employment with
the City or subsequent to the termination of his employment with the City for any reason,
including, without limitation, termination by the City for cause or without cause, any
confidential information, whether or not developed by Employee, except as required in the
performance of Employee's duties to the City. All documents, including drafts,
preliminary drawings or plans, notes and communications that result from the services
in this Agreement, shall be kept confidential unless City authorizes in writing the release
of information.
11. CONFLICTS OF INTEREST
11.1 The Employee may be subject to the provisions of the California Political
Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial
interest that may foreseeably be materially affected by the work performed under this
Agreement, and (2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
11.2 If subject to the Act, Employee shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of
this Agreement by City.
12. OUTSIDE ACTIVITIES
12.1 Employee is expected to devote his/her full time, attention and efforts to the
performance of his or her assigned duties. Employee shall not engage in any outside
employment or business activities during his/her workday with the City. Employee shall
not engage in any employment, outside activity, or enterprise that is inconsistent,
incompatible or in conflict with, or that interferes with, his/her ability to perform the duties,
functions, or responsibilities of his/her Position.
12.2 Employees may obtain and/or maintain employment with persons or entities
other than the City or self-employment (outside employment) subject to written approval by
Michelle Caldwell Temporary Employment Agreement Page 4
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Attachment A
the Department Director.
13. EMPLOYEE'S INDEPENDENT REVIEW
Employee acknowledges that he has had the opportunity and has conducted an
independent review of the financial and legal effects of this Agreement. Employee
acknowledges that he has made an independent judgment upon the financial and legal
effects of this Agreement and has not relied upon any representation of Employer, its
officers, agents or employees other than those expressly set forth in this Agreement.
Employee acknowledges that he has been advised to obtain, and has availed himself
of, legal advice with respect to the terms and provisions of this agreement.
14. STANDARD PROVISIONS
14.1 Recitals. City 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. Employee shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Employee shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Department Director and City.
14.3 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
14.4 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
14.5 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
14.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
14.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Employee and City and approved as to form by the
City Attorney.
Michelle Caldwell Temporary Employment Agreement Page 5
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Attachment A
14.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
14.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
14.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing parry shall not be entitled to attorneys' fees.
14.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Michelle Caldwell Temporary Employment Agreement Page 6
ME
Attachment A
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: g I I f Zy m
By:
fbr•. Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
EMPLOYEE: Michelle Caldwell
Date:
By:
Michelle Caldwell
[END OF SIGNATURES]
Exhibit A: Job Description
Exhibit B: Post Retirement Temporary Employment Certification
Michelle Caldwell Temporary Employment Agreement Page 7
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Attachment A
EXHIBIT A
JOB DESCRIPTION
Michelle Caldwell Temporary Employment Agreement Page A-1
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CITY OF NEWPORT BEACH
Established Date: May 8, 2006
Revision Date: Aug 28, 2009
DEFINITION:
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POLICE DISPATCHER, P/T
Bargaining Unit: Seasonal Part Time Employees
SALARY RANGE
$27.47 - $38.68 Hourly
$2,197.80 - $3,094.02 Biweekly
$4,761.90 - $6,703.70 Monthly
$57,142.80 - $80,444.42 Annually
Class Code:
950070A
To receive and process emergency and non -emergency 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 DUTIES:
The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or
may be required to perform additional or different functions from those below, to address business needs and changing
business practices:
• 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 other 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 inspect 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;
• Regularly and predictably attend work; and
• Perform related duties as assigned.
QUALIFICATIONS;
To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below
are representative of the knowledge, skill, and/or ability required.
Knowledge of:
Geographic features and streets within the area served;
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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
Modern office procedures, practices and equipment.
Ability ta.
Work under pressure, exercise good judgment and make sound decisions in emergency situations;
Maintain composure during times of peak work activity and tense or stressful situations;
Maintain confidential information and high ethical standards; not be subject to impeachment in court due to character,
reputation, history of dishonesty, or violation of law;
Effectively communicate with and obtain information from upset and irate citizens;
Type at a speed necessary for successful job performance;
Understand and follow oral and written instructions;
Operate dispatch, Teletype and other office equipment;
Work various shifts as assigned;
Communicate clearly and concisely, both orally and in writing;
Appear for work on time;
Follow directions from a supervisor;
Understand and follow posted work rules and procedures;
Accept constructive criticism; and
Establish and maintain cooperative working relationship with those contacted in the course of work.
This position may be required to work overtime hours as needed.
EXPERIENCE & EDUCATION AND LICENSE/ CERTIFICATE:
A combination of experience and education that would likely provide the required knowledge and abilities may be qualifying. A
typical way to obtain the knowledge and abilities would be:
Experience: Entry Level Appointments: Prior public contact or police agency experience desirable. Prior California public safety
dispatching experience is highly desirable. Lateral Appointments: One year of experience with a California police agency as an
emergency dispatcher.
Education: High school graduation or G.E.D; possession of a POST Public Safety Dispatcher certificate is highly desirable.
License/Certificate: Due to the performance of some field duties which require the operation of a personal or City vehicle, a
valid and appropriate California driver's license and an acceptable driving record are required.
Possession of, or ability to obtain, a POST Dispatch Academy Public Safety Dispatcher Certificate.
Additional Requirement: Prior to employment, the prospective candidate must successfully complete a thorough background
review, including being fingerprinted by Newport Beach Police Department.
Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach employees, in the
event of a disaster, are considered disaster service workers and may be asked to respond accordingly.
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Attachment A
EXHIBIT B
POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION
The City of Newport Beach ("City") and Michelle Caldwell ("Employee") are
contemplating entering a post-retirement temporary employment agreement
("Agreement") for temporary Dispatcher services within the Police Department.
Employee acknowledges that he will adhere to the following temporary employment
requirements:
• Employee shall not work more than 960 hours during each City fiscal year for all
employers in accordance with CalPERS post retirement employment guidelines.
• The Employee shall be responsible for monitoring the hours worked during each
City fiscal year to ensure full compliance.
Further, the Employee certifies the following:
"I, Michelle Caldwell, certify that I have not received any unemployment
insurance compensation arising out of prior employment with a public employer during
the last twelve (12) months. I understand that if I am receiving a pension benefit from a
public retirement system and have received any unemployment insurance
compensation arising out of prior employment with a public employer during the last
twelve (12) months, I am not eligible to serve or be employed by the City of Newport
Beach pursuant to Government Code Section 7522.56(e)(1)."
Michelle Caldwell, Employee Date
Michelle Caldwell Temporary Employment Agreement Page B-1
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