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HomeMy WebLinkAbout08 - Contract with Former City EmployeeCITY OF Q �EVVPORT T NEWPORT BEACH CgClF00.0.P City Council Staff Report Agenda Item No. 8 June 25, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Jay R. Johnson, Chief of Police 949 - 644- 3701,JJohnson @nbpd.org PREPARED BY: Jonathan Stafford, Support Services Administrator 949 - 644 -3650, JStafford @nbpd.org APPROVED: „ A TITLE: Contract with City Employee, Michelle Caldwell ABSTRACT: The Police Department seeks to obtain authorization to temporarily rehire a Police Dispatcher, who retired on December 28, 2012, for a period of one year, and not to exceed 960 hours, effective July 1, 2013, to temporarily assume the duties of Police Dispatcher. RECOMMENDATION: Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with 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 this Agreement. It will be expensed to the Temporary Salaries Account in the Support Services Division of the Police Department, 1820 -7030. 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 and effective on July 1, 2013, to temporarily serve Contract with Former City Employee, Michelle Caldwell June 25, 2013 Page 2 as a Police Dispatcher. Ms. Caldwell has served as a Police Dispatcher from May 1984 and retired in December 2012. A Dispatcher that was hired to fill the vacancy created by the retirement of this tenured employee resigned during the training phase and two other Dispatchers are on leave. Additionally, the Department is down two part-time Dispatchers who would normally be used to fill in with extra hours. The Department cannot fill the extended vacancy with existing employees. Ms. Caldwell possesses specialized skills and knowledge necessary to perform the function 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. In accordance with Government Code 7522.56, the Department has done the following; 1. Waited in excess of 180 days since the employee's retirement. 2. Ensured the employee is not earning less than the minimum, nor exceeding the maximum, of other employees in the classification. The Temporary Employment Agreement provides: 1. On July 1, 2012, the City will engage Ms. Caldwell at $34.58 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 $33,196.80. 2. She is not to be paid overtime or work overtime. 3. Her work with the Police Department shall cease upon the Department filling all vacancies with fully trained full -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. 2 Contract with Former City Employee, Michelle Caldwell June 25, 2013 Page 3 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). Submitted by: J a)4,,W J o h#fs on Chief of Police Attachment: Temporary Employment Agreement for Michelle Caldwell AGREEMENT FOR TEMPORARY EMPLOYMENT WITH MS. MICHELLE CALDWELL THIS AGREEMENT for temporary employment ( "Agreement ") is made effective as of the 1st day of July, 2013, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City, ( "City ") and Michelle Caldwell ( "Employee ") whose mailing address is 23632 Via Estella, Mission Viejo, Ca., 92691, with reference to the following: RECITALS A. City is a municipal corporation and Charter City 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 City. B. On December 28th, 2012, Employee retired from the City of Newport Beach. C. The City desires to employ Employee on a provisional "at will" basis and to enter into an Agreement with Employee for temporary employment services upon the terms and conditions in this Agreement based upon a finding that Employee possesses specialized skills needed to perform work of a limited duration. D. Employee is willing to accept such 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 1.1 The term of this Agreement shall commence upon the 1st day of July, 2013 and shall end on the 30th of June, 2014, unless terminated earlier as provided herein. 1.2 Employee shall not work more than 960 hours during the term of this Agreement in accordance with the Government Code and CaIPERS post retirement employment guidelines, as outlined below. The Employee shall be responsible for monitoring the hours worked during these time periods. 1.3 Employee may work for a CalPERS- covered public agency without reinstatement from retirement into active employment, pursuant to Government Code section 21224, if all of the following conditions are met: a. Employee has specialized skills needed to perform work of limited duration or his /her employment is needed during an emergency to prevent stoppage of public business; b. Employee's temporary employment will not exceed 960 -hours in a fiscal year (July 1ST through June 30th); and 4 C. Employee's rate of pay received will not be less than the minimum, nor exceed the maximum that is paid to other employees performing comparable duties. 1.4 By executing this Agreement, Employee certifies pursuant to Government Code section 7522.56(e)(1) that during the twelve months prior to execution of this Agreement, Employee has not received any unemployment insurance compensation arising out of prior employment with a public agency employer. SERVICES TO BE PERFORMED BY EMPLOYEE Services shall include the following: Receive emergency calls from the public requesting police, fire or other emergency service; Determine nature and location of emergency, determine priority and dispatch emergency units as necessary and in accordance with established procedures; Maintain contact with all units on assignment; Maintain status and location of police and fire field units; Answer non - emergency calls and relay information and assistance requests involving other law enforcement agencies; Monitor all burglary and fire alarms received through automatic detection alarm systems; Dispatch emergency units as appropriate; Enter, update and retrieve information from Teletype networks, relating to wanted persons, stolen property, vehicle registration, stolen vehicles and other information; Test and inspect equipment as required; Establish and maintain daily log of all field calls and units dispatched; and Perform related duties as assigned. All duties shall be performed in compliance with City ordinances, current policies, rules and regulations. Employee shall familiarize herself with the City's Employee Policy Manual and the Newport Beach Police Department Policy 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 $34.58 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. The pay of $34.58 per hour shall be considered fair and just compensation and pursuant to Government Code section 21224(a) no additional compensation, incentives, benefits, or holiday pay, or other form of compensation in addition to the hourly pay rate will be provided under this Agreement. 3.2. Employee shall maintain and submit complete records of time expended pursuant to this Agreement and corresponding to City's payroll schedule. 4.1 Hours of work are not guaranteed. Employee's services will be provided on 2 AGREEMENT FOR TEMPORARY EMPLOYMENT an as needed, per project basis, upon written request of the Department Director or City Manager. Employee's hours of work shall not exceed 40 hours per week nor exceed 960 hours total during the term of this agreement. 4.2 It is expressly understood that Employee is a nonexempt Employee and employment is for an "at will" position. TERMINATION Employee understands and agrees that: 5.1 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. 5.2. Employee's at will status cannot be changed except in writing on a form signed by the Department Director, City Manager and Employee. 53. 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. 5.4 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. 5.5 Upon termination of this Agreement, the City shall pay to Employee that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 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 any kind or nature are merged herein. Any modification of this Agreement will be effective only by written amendment approved as to form by the City Attorney, signed by Employee, Department Director, City Manager, attested to by the City Clerk, and approved as to form by City Attorney. EFFECT OF PRIOR AGREEMENTS This Agreement supersedes any prior agreement between the City and the 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. 8. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced I7�7 iry��rlig7•Vi'L�WI�iYI�l�rr� (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. 9. CONFIDENTIALITY Employee shall hold and safeguard the 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 of the 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. 10. CONFLICTS OF INTEREST 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. 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. 11. OUTSIDE ACTIVITIES Employee is expected to devote his full time, attention and efforts to the performance of his assigned duties. An Employee shall not engage in any outside employment or business activities during his workday without written authorization from his department director. Employee shall not engage in any employment, outside activity, or enterprise that is inconsistent, incompatible or in conflict with, or that interferes with, his ability to perform the duties, functions, or responsibilities of his position. Employees may obtain and /or maintain employment with persons or entities other than the City or self - employment (outside employment) subject to approval by the Department Director. 12. 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. 4 AGREEMENT FOR TEMPORARY EMPLOYMENT 13. 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. &�'i ATLZ7a -.1I1iK1 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. 15. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, EMPLOYEE: A California Municipal Corporation In Dave Kiff City Manager APPROVED AS TO FORM: OFFICE OFT E CITY ATTORNEY By: Aaron C. Harp City Attorney ATTEST: Leilani I. Brown City Clerk Michelle Caldwell 5 AGREEMENT FOR TEMPORARY EMPLOYMENT n