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HomeMy WebLinkAbout09 - Contract with Former City Employee��EVU�RT � @F C9CIF00.H�P TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 9 September 25, 2012 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: Dale Johnson, Captain 949 - 644 -3750, djohnson @nbpd.org APPROVED: 7)�� O. , TITLE: Contract With Former City Employee, Randall Parker ABSTRACT: The Police Department seeks to obtain authorization to temporarily rehire a retired police officer for a period of one year, and not to exceed 960 hours, to temporarily assume the duties of the Court Liaison Officer. RECOMMENDATION: Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with a former employee, Mr. Randall Parker, to temporarily fill the position of the Court Liaison Officer. The employee currently filling that position anticipates an extended absence due to the birth of a child, expected in December 2012. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this Agreement. It will be expensed to the Part-Time Salaries Account in the Detective Division of the Police Department, 1850 -7020. DISCUSSION: Background: Council Policy F -20 states that the City Council shall review and consider any contract the City enters into with a former employee when not more than five years have passed since the person was employed by the City. The Police Department seeks to hire Contract With Former City Employee, Randall Parker September 25, 2012 Page 2 Randall Parker, on a limited basis, to temporarily serve as the Department's Court Liaison Officer, a non -sworn position within the Department. Mr. Parker served as a Police Officer for the Newport Beach Police Department from August 1976 until April 2005, after which he served as a provisional Part-Time Police Officer until July 16, 2010. The current Court Liaison Officer, classified as a Community Services Officer, is expecting her first child in December 2012. She anticipates an extended absence, not to exceed six months. The Court Liaison Officer (CLO) is a critical position for the administrative and operational needs of the Department. The CLO processes, files, and returns all criminal and traffic cases between the Department, City Attorney, District Attorney, and Superior Court. Daily, the CLO also works and communicates with all Department personnel, District Attorney staff, Court employees, judges, and private attorneys in regards to ongoing criminal cases, subpoenas, and evidentiary requests for discovery items. In addition, the CLO duties include, but are not limited to, organizing and managing all criminal and civil subpoenas for Department employees, communications between Department and Court personnel, administrative paperwork, and ongoing detective investigations. The Department cannot fill the extended vacancy with existing employees. Mr. Parker possesses specialized skills and knowledge necessary to perform the function of the CLO. His lengthy law enforcement career in Newport Beach has provided extensive knowledge and understanding of the Department, the Court system, criminal proceedings, and investigations. The Temporary Employment Agreement provides: 1. The City will engage Mr. Parker at rate of $29.90 per hour, the amount equal to a Community Services Officer with similar experience. Should Mr. Parker work 960 hours, the maximum hours allowed, his total compensation would be approximately $28,704. 2. He is not to be paid nor work overtime. 3. His work with the Police Department shall cease upon the return of the full - time CLO. This Staff Report requests approval by City Council to hire a former employee who was a City employee less than five years ago, pursuant to Council Policy F -20. A copy of the Temporary Employment Agreement has been included with this report for reference purposes. Oa Contract With Former City Employee, Randall Parker September 25, 2012 Page 3 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. 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: Ja . Joh on Chief of Police Attachment: Temporary Employment Agreement with Randall Parker 3 AGREEMENT FOR TEMPORARY EMPLOYMENT WITH MR. RANDALL PARKER THIS AGREEMENT for temporary employment ( "Agreement') is made effective as of the 25th day of September, 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City, ( "City ") and Randall Parker ( "Employee ") whose mailing address is 23195 Mesto, Mission Viejo, CA 92692, 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 July 16, 2010, 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. 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: TERM The term of this Agreement shall commence upon the 25th day of September, 2012, and shall end on the 1st day of July, 2013, unless terminated earlier as provided herein. 1.1 Employee shall not work more than 960 hours during the term of this Agreement in accordance with Government Code section 21224(a) and CalPERS post retirement employment guidelines. The Employee shall be responsible for monitoring the hours worked during this Agreement to ensure compliance with requirement. 1.2 Employee may work for a CalPERS- covered public agency without reinstatement from retirement into active employment, pursuant to Government Code section 21224(a), if the appointment is necessary during an emergency to prevent stoppage of public business or because the Employee has specialized skills needed in performing work of a limited duration. Compensation for the Employee 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 of pay. 2. SERVICES TO BE PERFORMED BY EMPLOYEE Services shall include the following: Process, file and return all criminal and traffic cases between the Department, City Attorney, District Attorney and Superior Courts. Work and communicate daily with all Department personnel, District Attorney staff, Court Employees, Judges and private attorneys in regards to ongoing criminal cases, subpoenas, and evidentiary requests for discovery items. Other duties include, but are not limited to, the organizing and managing of all criminal and civil subpoenas for Department employees, communications between Department and Court personnel, administrative paperwork, and ongoing Detective investigations. Employee acknowledges and agrees that he is not being employed by City as a Peace Officer and that he will not have any powers or duties of a Peace Officer. Additionally, Employee acknowledges and agrees that his employment will not be subject to the Public Safety Officers Procedural Bill of Rights (Govt. Code Section 3300 et seq.). Notwithstanding the foregoing, Employee will still maintain all rights, privileges and obligations afforded to him as an honorably retired Peace Officer under the laws of the State of California. All duties shall be performed in compliance with City ordinances, current policies, rules and regulations. Employee shall familiarize him or herself with the City's Employee 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. & �K0L'i 1:2:4 ki i±'f_N 11 Is] . I As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: 3.1 Pay of $29.90 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. $29.90 per hour shall be considered just compensation and no additional benefits or holiday pay 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. 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 Department Director or City Manager. 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. 2 AGREEMENT FOR TEMPORARY EMPLOYMENT 5 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 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. 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 execution signed by Employee, Department Director, City Manager, attested to by the City Clerk, and approved as to form by City Attorney. 7. 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 (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 3 AGREEMENT FOR TEMPORARY EMPLOYMENT s 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. An 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. 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. 4 AGREEMENT FOR TEMPORARY EMPLOYMENT 14. 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. 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 go Dave Kiff, City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Aaron C. Harp, City Attorney ATTEST: By: Leilani I. Brown City Clerk Form Temporary Employment [Post Retirement] Agreement 12.15.09 M :F7TE71111IMT-31i 5 AGREEMENT FOR TEMPORARY EMPLOYMENT 8