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HomeMy WebLinkAbout12 - Amendment to Temporary Employment Agreement with Former Employee Anne DonnellyQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report June 27, 2023 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Joe Cartwright, Chief of Police - 949-644-3701, jartwright@nbpd.org PREPARED BY: Jonathan Stafford, Deputy Director, jtafford@nbpd.org PHONE: 949-644-3650 TITLE: First Amendment to Temporary Employment Agreement with Former Employee Anne Donnelly /_1 16"t I:7_T91 6 The Police Department requests City Council approval to extend the temporary employment agreement with Anne Donnelly, a police dispatcher who retired on December 19, 2020, to fill dispatcher shifts resulting from temporary staffing shortages. Ms. Donnelly can immediately fill any openings in the Communications Center schedule until new employees are hired and trained. RECOMMENDATIONS: 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; and b) Approve a first amendment to the Temporary Employment Agreement with former employee Anne Donnelly, who retired on December 19, 2020, to fill the position of Police Dispatcher - P/T for a limited duration while the Police Department works to fill the staffing shortages and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: Council Policy F-14 requires City Council approval for any contracts with former City of Newport Beach (City) employees. The Police Department seeks to extend its hire of Anne Donnelly on a limited basis effective July 1, 2023, 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. She has been working shifts in the Communications Center on two consecutive one-year temporary employment agreements since June 23, 2021. As a retired career dispatcher, Ms. Donnelly possesses the specialized skills and knowledge necessary to perform the duties and responsibilities of a police dispatcher, and can work the hours needed to cover current scheduling shortages. 12-1 First Amendment to Temporary Employment Agreement with Former Employee Anne Donnelly June 27, 2023 Page 2 The Police Department anticipates several periods of reduced staffing availability over the term of the amendment to the temporary employment agreement with Ms. Donnelly. These staffing shortages result from three resignations, a planned retirement, FMLA leaves, and lengthy mandatory training classes and cannot be filled with existing employees on regular hours or overtime. The hiring process to fill positions is underway, but will take at least 12 months before new employees are hired and trained to a required level of proficiency. The amendment to the Temporary Employment Agreement provides: On July 1, 2023, the City will engage Ms. Donnelly at $43.74 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 $41,990.40. 2. She is not to be paid overtime or work overtime. 3. Ms. Donnelly's work with the Police Department will be of limited duration from July 1, 2023 to June 30, 2024. FISCAL IMPACT: The adopted budget includes sufficient funding for this amendment to the 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 amendment 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 amendment will be offset by personnel shortages 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, Division 6, 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). ATTACHMENT: Attachment A — Amendment No. One to Temporary Employment Agreement with Anne Donnelly 12-2 ATTACHMENT A AMENDMENT NO. ONE TO POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT WITH ANNE DONNELLY FOR POLICE DISPATCHER SERVICES THIS AMENDMENT NO. ONE TO POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT ("Amendment No. One") is made and entered into as of this 1st day of July, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANNE DONNELY, ("Employee"), whose address is on file with the City, and is made with reference to the following: RECITALS A. On June 28, 2022, City and Employee entered into a Post Retirement Temporary Employment Agreement ("Agreement") for temporary Police Dispatcher services ("Position"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to June 30, 2024 and to increase the hourly pay to the amount equal to a Police Dispatcher with similar experience. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on July 1, 2023, and shall end June 30, 2024, unless terminated earlier as provided herein." 2. COMPENSATION Section 3.1.3 shall be added to the Agreement as follows: Section 3.1.3 of the Agreement is amended as of July 1, 2023, to read as follows: "Pay of Forty -Three Dollars and 74/100 ($43.74) 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. $43.74 per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement." 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] 12-3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. CITY OF NEWPORT BEACH, a California municipal corporation Date: Joseph Cartwright Police Chief APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: 2 3 By: -jWn C. orp we- ity Attorne ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: by: Noah Blom Mayor EMPLOYEE: Anne Donnelly Date: By: Anne Donnelly [END OF SIGNATURES] Anne Donnelly Page 2 12-4