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HomeMy WebLinkAbout06 - Approving a Temporary Employment AgreementQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report June 22, 2021 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Jonathan Stafford, Deputy Director, jstafford@nbpd.org PHONE: 949-644-3650 TITLE: Resolution No. 2021-61: Approving a Temporary Employment Agreement with Former Employee Anne Donnelly ABSTRACT: The Police Department requests City Council approval to temporarily rehire Anne Donnelly, a Police Dispatcher who retired on December 19, 2020, to fill Dispatcher shifts resulting from temporary vacancies. These vacancies are due to extended Family Medical Leave Act (FMLA) leaves, a planned retirement, a resignation and extended out -of -service training periods. Ms. Donnelly can immediately fill any shortages in the Communications Center schedule. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2021-61, A Resolution of the City Council of the City of Newport Beach, California, Approving a Temporary Employment Agreement with Anne Donnelly; and c) Approve a Temporary Employment Agreement with former employee Anne Donnelly, who retired on December 19, 2020, to fill the position of Police Dispatcher — P/T until all vacancies have been filled and authorize the Mayor to execute the agreement. DISCUSSION: City Council Policy F-14 requires City Council approval for any contracts with former City of Newport Beach (City) employees. The Police Department seeks to hire Anne Donnelly on a limited basis effective June 23, 2021, to temporarily serve as a part-time Police Dispatcher. Ms. Donnelly served as a full-time Police Dispatcher for 33 years until she retired on December 19, 2020. As a retired career Dispatcher, Ms. Donnelly possesses specialized skills and knowledge necessary to perform the duties and responsibilities of a Police Dispatcher and she provides additional staffing hours needed to cover scheduling shortages. 6-1 Resolution No. 2021-61: Approving a Temporary Employment Agreement with Former Employee Anne Donnelly June 22, 2021 Page 2 The Police Department anticipates several periods of reduced staffing availability due to vacancies over the term of the Temporary Employment Agreement with Ms. Donnelly. These vacancies result from a planned retirement, a resignation, FMLA leaves, and extended out -of -service training periods. The Department cannot fill these shortages with existing employees. In addition to staffing shortages from leaves and extended training periods, the Police Department currently has three part-time Dispatcher vacancies. The hiring process to replace the three part-time Dispatchers is underway but will take at least 12 months before new employees are hired and trained to a minimum level of proficiency. The Temporary Employment Agreement provides: 1. On June 23, 2021, the City will engage Ms. Donnelly at $39.35 per hour, the amount equal to a part-time Police Dispatcher with similar experience. Should Ms. Donnelly work the maximum allowable 960 hours, her total compensation would be $37,776.00. 2. She is not to be paid overtime or work overtime. 3. The Police Department currently anticipates several temporary Dispatcher vacancies as noted above. These vacancies will create staffing shortages and negatively impact the Police Department's ability to meet minimum staffing levels. Ms. Donnelly's work with the Police Department shall cease when the Department fills all vacancies with fully trained part-time Police Dispatchers. FISCAL IMPACT: The adopted budget includes sufficient funding for this Temporary Employment Agreement. It will be expensed to the Part -Time Salaries account in the Support Services Division of the Police Department, 01035352-711003. The agreement provides for the lowest per -hour Police Dispatcher costs when compared to full-time hours, overtime or permanent part-time hours and all costs for the agreement will be offset by personnel vacancies and leaves. 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. 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). 6-2 Resolution No. 2021-61: Approving a Temporary Employment Agreement with Former Employee Anne Donnelly June 22, 2021 Page 3 ATTACHMENTS: Attachment A — Resolution No. 2021-61 Attachment B — Temporary Employment Agreement with Anne Donnelly 6-3 Attachment A RESOLUTION NO. 2021-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A TEMPORARY EMPLOYMENT AGREEMENT WITH ANNE DONNELLY WHEREAS, the City of Newport Beach ("City") requires a temporary part time Police Dispatcher position to be filled within the Police Department; WHEREAS, California Government Code Section 21221(g) allows a retired person to serve as a temporary employee with the City, without reinstatement from retirement, if the employment is available due to a leave of absence granted to a person on payroll status for a period not to exceed one year, and if the City finds such position to require specialized skills; WHEREAS, a current employee has been granted a leave of absence that is on payroll status, leaving the part time Police Dispatcher duties unfilled, which is found to be a position that requires specialized skills; WHEREAS, California Government Code Section 21221(g) requires the City to report this appointment to the Board of Administration of the Public Employees' Retirement System, and such report shall be accompanied by a resolution adopted by the City Council; WHEREAS, the temporary employment of the part time Police Dispatcher is desired to be filled by the City through a temporary employment agreement ("Agreement"), and WHEREAS, the Agreement shall be terminated at the end of the leave of absence, which shall be no longer than one year. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve the City entering into the Agreement with Anne Donnelly, which Agreement shall be approved as to form by the City Attorney, pursuant to California Government Code Section 21221(g). Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Attachment A Resolution No. 2021 - Page 2 of 2 Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 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, Division 6, 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 22nd day of June, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE C. q 411J Aaron C. Harp (nN o41 O1 'M City Attorney 6-5 Attachment B POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT WITH ANNE DONNELLY FOR POLICE DISPATCHER SERVICES THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT ("Agreement") is made effective as of the 22nd day of June, 2021 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city ("City") and Anne Donnelly ("Employee") whose mailing address is on file with the City, with reference to the following: RECITALS A. City is a municipal corporation 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 the City. B. City requires temporary Police Dispatcher services to fill a critically needed position within the Police Department. C. In accordance with Government Code Section 21221(g), Employee's services are being retained by the City due to a leave of absence granted to a person on payroll status for a period not to exceed one (1) year and found by the City to require specialized skills and due to ongoing vacancies. The temporary employment shall be terminated at the end of the leave of absence. D. The City desires to employ Employee on a provisional "at will" basis and to enter into an Agreement with Employee for temporary Police Dispatcher employment ("Position") services upon the terms and conditions in this Agreement. E. Employee is willing to accept such temporary 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 The term of this Agreement shall commence on June 23, 2021, and shall end June 22, 2022, unless terminated earlier as provided herein. 2. SERVICES TO BE PERFORMED BY EMPLOYEE 2.1 Services shall include the following: Police Dispatcher — PIT, as further described in the Job Description attached hereto as Exhibit A and incorporated herein by reference. • • Attachment B 2.2 All duties shall be performed in compliance with City ordinances, policies, rules and regulations. Employee shall familiarize him or herself with the City's Employee 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 Nine Dollars and 351100 ($39.35) 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. $39.35 per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. 3.1.2 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 forty (40) hours per week. 4.2 It is expressly understood that Employee is a nonexempt Employee and employment is for a provisional, "at will' position. 4.3 Employee shall not work more than 960 hours during the term of the Agreement in accordance with CalPERS post retirement employment guidelines. The Employee shall be responsible for monitoring the hours worked during these time periods to insure full compliance. 5. ADMINISTRATION This Agreement will be administered by the Police Department. City's Police Chief or designee shall be the Administrator and shall have the authority to act for City under this Agreement. The Administrator shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. [:moi; Lei 9.Lei _; V 6.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. Anne Donnelly Page 2 6-7 Attachment B 6.2 All notices, demands, requests or approvals from Employee to City shall be addressed to City at: Attn: Police Chief Police Department City of Newport Beach 870 Santa Barbara Drive Newport Beach, CA 92660 6.3 All notices, demands, requests or approvals from City to Employee shall be addressed to Employee's address on file with the City. 7. TERMINATION 7.1 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. 7.2 Provisional Employee shall mean any person who, pursuant to an Appointment, contract or otherwise, performs work that is generally identified in the Annual Budget and is of limited duration or seasonal in nature. 7.3 Employee's employment status cannot be changed except in writing on a form signed by the Department Director, City Manager, and Employee. 7.4 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. 7.5 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. 7.6 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. 8. 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. Anne Donnelly Page 3 Attachment B 9. 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. 10. CONFIDENTIALITY Employee shall hold and safeguard 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 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. 11. CONFLICTS OF INTEREST 11.1 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. 11.2 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. 12. OUTSIDE ACTIVITIES 12.1 Employee is expected to devote his/her full time, attention and efforts to the performance of his or her assigned duties. An Employee shall not engage in any outside employment or business activities during his/her workday. 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/her ability to perform the duties, functions, or responsibilities of his/her Position. 12.2 Employees may obtain and/or maintain employment with persons or entities other than the City or self-employment (outside employment) subject to written approval by the Department Director. Anne Donnelly Page 4 Attachment B 13. STANDARD PROVISIONS 13.1 Recitals. City and Employee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 13.2 Compliance with all Laws. Employee shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Employee shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Department Director and City. 13.3 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Job Description or any other attachments attached hereto, the terms of this Agreement shall govern. 13.4 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. 13.5 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 whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 13.6 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. 13.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Employee and City and approved as to form by the City Attorney. 13.8 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. 13.9 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, State of California. 13.10 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. Anne Donnelly Page 5 6-10 Attachment B 13.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Anne Donnelly Page 6 6-11 Attachment B IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Jon T. Lewis Police Chief CITY OF NEWPORT BEACH, a California municipal corporation Date: Brad Avery Mayor APPROVED AS TO FORM: EMPLOYEE: Anne Donnelly CITY ATTORNEY'S OFFICE Date: TI upzi Date.- By: ate:By: - 2& `'�—� -FV- By: Aaron C. Harp AA00'1 Anne Donnelly City Attorney ATTEST: Date: Leilani I. Brown City Clerk Attachments: Exhibit A: [END OF SIGNATURES] Job Description Anne Donnelly Page 7 6-12 Attachment B EXHIBIT A JOB DESCRIPTION POLICE DISPATCHER - PJT Class Code: city of Newport Beach 95o070A Bargaining Unit: Seasonal Part Time Employees CITY CF NEWPORT BEACH Establlshed Date: M,9y 8, Revi *n Date: A.ig 2C,, ZOCP SALARY RANGE $27.95 - $39.35 Hourly $2,236.26 - $3,148.16 Biweekly $4,845.24 - $6,821.01 Monthly $58,142.86 - 581,852.16 Annually DEFINITION: To receive and process emergency and non -emergency calls for service and dispatch police units using computer aided dispatch and a variety of communications equipment; performs related duties for animal control and parking control officers and related requests for service. SUPERVISION RECEIVED AND EXERCISED: Receives general supervision from Civilian Supervisor and Police Management staff. ESSENTIAL DUTIES: The following essential functions are typical for this classification Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices • Receive emergency and non -emergency calls from the public requesting police, fire or other emergency service; determine nature and location of emergency, determine priority and dispatch emergency units or refer calls as necessary and in accordance with established procedures; • Respond to field unit requests and maintain their status; • Relay information and assistance requests involving other law enforcement agencies; • Monitor alarms received through automatic alarm systems, dispatch units as appropriate, • Make inquiries and interpret responses from Teletype networks relating to wanted persons, stolen vehicles, vehicle registration, stolen property, etc. • Test and inspect equipment as required; • Establish and maintain daily log of all field calls and units dispatched; record, classify, and maintain records of communication; • Operate a variety of communications and office equipment; • Regularly and predictably attend work; and • Perform related duties as assigned. Anne Dannelly Page A- 1 6-13 Attachment B QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. Knowledge of: Geographic features and streets within the area served; Federal Communications Commission rules and regulations governing the operations of radio receivers and transmitters; General law enforcement practices; Correct English usage, spelling, punctuation and grammar; and Modern office procedures, practices and equipment. Ability to: Work under pressure, exercise good judgment and make sound decisions in emergency situations; Maintain composure during times of peak work activity and tense or stressful situations; Maintain confidential information and high ethical standards; not be subject to impeachment in court due to character, reputation, history of dishonesty, or violation of law; Effectively communicate with and obtain information from upset and irate citizens; Type at a speed necessary for successful job performance; Understand and follow oral and written instructions, Operate dispatch, Teletype and other office equipment; Work various shifts as assigned: Communicate clearly and concisely, both orally and in writing; Appear for work on time; Follow directions from a supervisor, Understand and follow posted work rules and procedures; Accept constructive criticism; and Establish and maintain cooperative working relationship with those contacted in the course of work. This position may be required to work overtime hours as needed. Anne Donnelly Page A-2 6-14 Attachment B EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE: A combination of experience and education thatwould likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Entry Level Appointments: Prior public contact or police agency experience desirable. Prior California public safety dispatching experience is highly desirable. Lateral Appointments: One year of experience with a California police agency as an emergency dispatcher. Education: High school graduation or G.E.D; possession of a POST Public Safety Dispatcher certificate is highly desirable. License/Certificate: Due to the performance of some field duties which require the operation of a personal or City vehicle, a valid and appropriate California driver's license and an acceptable driving record are required. Possession of, or ability to obtain, a POST Dispatch Academy Public Safety Dispatcher Certificate. Additional Requirement: Prior to employment, the prospective candidate must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach employees; in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. Anne Donnelly Page A-3 6-15