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HomeMy WebLinkAbout04 - Extension of Interim Police Chief EmploymentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 November 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager 949 - 644 -3000, dkiffcDnewportbeachca.4ov Terri L. Cassidy J.D., Human Resources Director 949 - 644 -3303, tcassidv(anewportbeachca.gov SUBJECT: Resolution 2009 -_ Requesting Approval from the California Public Employees' Retirement System (CaIPERS) Board of Administration to Extend the Employment of Interim Police Chief ISSUE: Shall the City Council adopt a Resolution requesting the California Public Employees' Retirement System (CaIPERS) Board of Administration approve an extension of the temporary employment of Interim Police Chief Robert Luman in accordance with Government Code section 21221(h)? RECOMMENDATION: Staff recommends the following: 1. City Council adopt the Resolution requesting the employment extension per Government Code section 21221(h) for Interim Police Chief Robert Luman to expire no later than June 30, 2010. 2. Authorize the City Manager to renew the employment agreement between the City of Newport Beach and Robert Luman complying with Government Code section 21221(h). DISCUSSION: Government Code section 21221(h) permits the appointment of a retired member by the governing body of a contracting CaIPERS agency to a position deemed by the governing body to be of limited duration and requiring specialized skills or during an emergency to prevent stoppage of public business. The appointments generally are Extension of Interim Police Chief Employment November 10, 2009 Page 2 used for, as in this situation, "Interim" positions pending recruitment of a permanent appointment to fill the vacancy. Robert Luman retired from a CalPERS agency, City of Redondo Beach, May 1, 2006. He was appointed Interim Police Chief of Newport Beach on Friday, July 10, 2009 to temporarily fill the vacancy created by Chief John Klein's retirement. Government Code section 21221(h) limits appointments to 960 hours in a fiscal year. Staff anticipates Chief Luman will reach the 960 hours on or about January 10, 2010. Government Code section 21221(h) permits the governing body to request the CalPERS Board of Administration permit an extension of the retired member's employment beyond the 960 hours but no more than twelve (12) months in the position. Chief Luman's Interim employment contract with the City of Newport Beach may, therefore, not extend beyond June 30, 2010. Chief Luman was selected for the Interim appointment because of his distinguished professional career which spans four decades and includes extensive experience working in a large police department (Long Beach) and a medium department (Redondo Beach). Since his appointment, Chief Luman has performed well in the leadership role and established good relations with the Police Department, City staff and the community members. Chief Luman has continued to develop community— oriented solutions to public safety problems /challenges. Earlier this year the Civil Service Board (CSB) commissioned an investigation into the past police promotional processes. The confidential report was recently submitted to the CSB for review and includes recommendations that will affect the police promotional process and future development of leaders in the Newport Beach Police Department. Chief Luman will face important decisions with respect to implementing changes to make certain the process is impartial. The timing of the investigation report will not permit Chief Luman to implement all the changes needed prior to January 10, 2010 . and it is beneficial to have him remain to see these put into practice. Chief Luman has done an outstanding job while working to develop employees and increase morale within the Police Department. He has moved the department forward and is continuing to build public confidence in our law enforcement service. Chief Luman's continued employment will ensure a smooth transition period until a new Chief is selected and takes office. Environmental Review: This is not a project under CEQA. Public Notice: Seventy -two hours notice has been given pursuant to the Brown Act. No further, notice is legally required. Extension of Interim Police Chief Employment November 10, 2009 Page 3 Funding Availability: Money is budgeted for a Chief of Police position in the department staffing for fiscal year 2009 -2010. Alternatives: The Council can choose to: 1. Adopt the Resolution as recommended. 2. Not adopt the Resolution and if so, the City will terminate the services of Robert Luman; or 3. Ask questions and /or give direction for staff to develop further recommendations. Submitted by: Dave Kfff City Manager jVC, � - 0�� b/, - -L� � � Terri L. Cassidy, J.D. Human Resources Director Attachments: Resolution 2009 -_ (Exhibit A) 3 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING EMPLOYMENT EXTENSION PER GOVERNMENT CODE SECTION 21221(H) (INTERIM POLICE CHIEF) WHEREAS, Robert Luman, retired from the City of Redondo Beach in the position of Police Chief on May 1, 2006; and WHEREAS, the City of Newport Beach appointed Robert Luman to the position of Interim Police Chief under Government Code section 21221(h), a position deemed to be of limited duration and requiring specialized skill, effective July 10, 2009; and WHEREAS, Robert Luman is expected to reach his maximum 960 hours this fiscal year on or about January 10, 2010; and WHEREAS, the City anticipates the appointment of a new Police Chief in June 2010. WHEREAS, Robert Luman's expertise in the overall leadership and management of a Police Department has been crucial in establishing good relations with the Police Department, City staff and community members, and it is beneficial to continue Robert Luman in this position for the remainder of the transition period until the new chief arrives, and WHEREAS, additional time is necessary to implement contemplated changes desired by the City and undertaken by Robert Luman. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the CalPERS Board of Administration be requested to approve an extension in accordance with Government Code section 21221(h) for the temporary employment of Robert Luman for a period not to exceed 960 hours from January 10, 2010. An appointment made under this section of this subdivision may not exceed a total of twelve (12) months. ADOPTED on this 10" day of November, 2009. EDWARD D. SELICH Mayor ATTEST: LEILANI I. BROWN City Clerk