HomeMy WebLinkAbout2016-8 - Confirming Appointment of Jay R. Johnson as Interim Police Chief in Accordance with Government Code 21221(h) and Certifying the Exception to the 180 Day Wait Period Under Government Code Section 7522.56(f)(4) RESOLUTION NO. 2016-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA CONFIRMING APPOINTMENT OF JAY R.
JOHNSON AS INTERIM POLICE CHIEF IN ACCORDANCE WITH
GOVERNMENT CODE 21221(h) AND CERTIFYING THE EXCEPTION
TO THE 180 DAY WAIT PERIOD UNDER GOVERNMENT CODE
SECTION 7522.56(f)(4)
WHEREAS, Jay R. Johnson, Chief of Police, retired from the City of Newport
Beach effective December 23, 2015 after serving in the Police Department for five
years; and
WHEREAS, the City is conducting an active, publicly posted recruitment to
permanently fill the Police Chief position but there has not been adequate time to fill this
critical position; and
WHEREAS, the City requires direction and leadership of its Police Department
from a seasoned professional with specialized skills to assist in the operation of the
Police Department; and
WHEREAS, Government Code Section 2122(h) allows a retired employee to
continue to work for a public employer for a term not to exceed 960 hours per fiscal year
under certain conditions and also provides for the maximum levels of compensation;
and
WHEREAS, Government Code Section 2122(h) requires that the interim
appointment must be made by the City Council; and
WHEREAS, Jay R. Johnson is a retired public safety officer as defined in
Government Code Section 3301 (peace officer) and under this appointment will perform
peace officer functions such that his interim appointment is exempt from the 180-day
wait period pursuant to Government Code Section 7522.56(f)(4); and
WHEREAS, the City Council and Jay R. Johnson certify that Jay R. Johnson has
not and will not receive a Golden Handshake or any other retirement-related incentive;
and
WHEREAS, this Section 21221(h) appointment shall only be made once and
therefore will end no later than January 13, 2017; and
WHEREAS, a Temporary Employment Agreement between the City and Jay R.
Johnson has been reviewed by this body; and
WHEREAS, no matters, issues, terms or conditions related to this employment
and appointment of Jay R. Johnson as Interim Police Chief have been placed on a
consent calendar; and
Resolution No. 2016-8
Page 2 of 2
NOW THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution.
Section 2: Jay R. Johnson is a retired public safety officer as defined in
Government Code Section 3301 (peace officer) who will perform peace officer functions
during his appointment as Interim Police Chief
Section 3: It is necessary to immediately appoint Jay R. Johnson to this position
on an interim basis by virtue of his police leadership experience and specialized skills
that are needed while the City's recruitment to fill the permanent Police Chief position
and, therefore, this action meets the requirements set forth in Government Code
21221(h).
Section 4: The City Council finds the adoption of this resolution 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.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12`h day of January, 2016.
Diane B. Dixon
Mayor
ATTEST:
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Eeilani I. Brown U
City Clerk C, �n
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STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-8 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 12th day of January 12, 2016, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Dixon
NAYS: None
ABSENT: Mayor Pro Tem Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of January, 2016.
City Clerk
Newport Beach, California
(Seal)
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