Loading...
HomeMy WebLinkAbout11 - Temporary Employment Agreement with Former Employee�EW�Rr CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 11 August 13, 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: Tom Fischbacher, Lieutenant 949 - 644 -3730, TFischbacher @nbpd.org APPROVED: b---�' `k/� TITLE: Temporary Employment Agreement with Former City Employee, Shontel Sherwood ABSTRACT: The Police Department seeks to obtain authorization to temporarily rehire a retired employee for a period of one year or less, but not to exceed 960 hours, effective August 26, 2013, to assume the duties of Custody Officer. RECOMMENDATION: Authorize the City Manager to execute the attached Temporary Employment Agreement with retired employee Shontel Sherwood to fill the position of Custody Officer until all vacancies can be filled. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding to temporarily employ Ms. Sherwood. Cost will be expensed to the Temporary Salaries Account in the Patrol Division of the Police Department, 1830 -7030, in an amount not to exceed $32,592. DISCUSSION: Council Policy F -20 states that the City Council shall review and consider any contract the City enters into with a person employed by the City within the past five years. Temporary Employment Agreement with Former Employee, Shontel Sherwood August 13, 2013 Page 2 The Police Department seeks to hire Shontel Sherwood, on a limited basis and effective on August 26, 2013, to temporarily serve as a Custody Officer. The Police Department currently has two vacancies out of eight Custody Officer Positions. Hiring for those positions has been delayed due to an extended contract negotiation, recruitment, hiring, and training period with an outside vendor. These delays have stretched the existing workforce and caused significant amounts of overtime to meet minimum staffing levels in the jail. Ms. Sherwood spent her entire law enforcement career with Newport Beach beginning in September 1988 until she retired, in good standing, as a Police Sergeant in February 2013. Ms. Sherwood possesses specialized skills and knowledge necessary to perform the function of Custody Officer. In accordance with Government Code Section 7522.56, the City has met the following requirements: 1. Waited in excess of 180 days since the employee's retirement under PERS rules. 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 is in compliance with Council Policy F -20: 1. On August 26, 2013, the City will engage Ms. Sherwood at $33.95 per hour, the amount equal to a Custody Officer with similar experience. Her total compensation will not exceed $32,592.00. 2. She will not be authorized to work or receive overtime pay. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the approval of this Temporary Employment Agreement 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. K Temporary Employment Agreement with Former Employee, Shontel Sherwood August 13, 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: ,/y-'R. J nson Chief of Police Attachment: Temporary Employment Agreement for Shontel Sherwood AGREEMENT FOR TEMPORARY EMPLOYMENT WITH SHONTEL SHERWOOD THIS AGREEMENT for temporary employment ( "Agreement ") is made effective as of the 26th day of August, 2013, by and between the City of Newport Beach, a California Municipal Corporation and Charter City, ( "City ") and Shontel Sherwood ( "Employee ") whose mailing address is 26942 Falling Leaf Drive Laguna Hills, CA 92653, 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 February 22, 2013, 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 non -sworn 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 26th day of August, 2013 and shall end on the 30th of June, 2014, unless terminated earlier as provided herein. 1.2 Employee shall not work more than nine hundred sixty (960) hours during the term of this Agreement in accordance with the Government Code and CalPERS 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 4 fiscal year (July 1st through June 30th); and 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 (12) 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. 2. SERVICES TO BE PERFORMED BY EMPLOYEE Services shall include the following: performs a variety of duties in the booking of prisoners and processing of related data; to maintain a variety of records; and to care for incarcerated prisoners at the City jail facility. Duties may include, but are not limited to, the following: Maintain the safe and orderly operation of the City jail facility; Book and process prisoners; type booking forms; perform searches, fingerprinting and photographing of prisoners; Monitor phone calls placed by each arrestee; arrange for medical care as needed; Prepare shopping lists for jail provisions; oversee the preparation of meals; Compile list of prisoners scheduled for court; process paperwork for transfer of prisoners to other facilities; Perform related duties as assigned. All duties shall be performed in compliance with the City Charter, 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 thirty -three dollars and ninety -five cents ($33.95) 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 thirty -three dollars and ninety -five cents ($33.95) 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. 12. Employee shall maintain and submit complete records of time expended pursuant to this Agreement and corresponding to City's payroll schedule. 2 AGREEMENT FOR TEMPORARY EMPLOYMENT 5 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 Chief of Police or City Manager. Employee's hours of work shall not exceed forty (40) hours per week nor exceed nine hundred sixty (960) hours total during the term of this agreement. 4.2 It is expressly understood that Employee is a nonexempt non -sworn Employee and employment is for an "at will" position. 5. 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 twenty -four (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 Chief of Police, City Manager and Employee. 5.3. 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. 6. 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, Chief of Police, City Manager, attested to by the City Clerk, and approved as to form by City Attorney. 4aJ*QKi]M:J:7Is] WIWI!:74=1Ui14Lik &I 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. 3 AGREEMENT FOR TEMPORARY EMPLOYMENT s 8. 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. 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 her employment with the City or subsequent to the termination of her 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 her full time, attention and efforts to the performance of her assigned duties. An Employee shall not engage in any outside employment or business activities during her workday without written authorization from the Chief of Police. Employee shall not engage in any employment, outside activity, or enterprise that is inconsistent, incompatible or in conflict with, or that interferes with, her ability to perform the duties, functions, or responsibilities of her 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 Chief of Police. 12. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained 4 AGREEMENT FOR TEMPORARY EMPLOYMENT 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. 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. iC�y�9�:L•1- 31���'1 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. 16. NO ATTORNEYS' FEES In the event of any dispute or legal action arising from this Agreement, the prevailing party shall not be entitled to attorneys' fees. 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: THE CITY A TORNEY'S OFFICE B) Aaron C. Harp City Attorney ATTEST: By: Leilani I. Brown City Clerk 0 Shontel Sherwood 5 AGREEMENT FOR TEMPORARY EMPLOYMENT $