HomeMy WebLinkAboutC-8711-2 - Post Retirement Temporary Employment Agreement for Police Dispatcher ServicesAMENDMENT NO. ONE TO POST RETIREMENT
OJ TEMPORARY EMPLOYMENT AGREEMENT
I WITH ANNE DONNELLY FOR POLICE DISPATCHER SERVICES
V
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.
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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: ,n6 • / y• 2 9
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: / 2�
By:
ar on C. arp t,-1.23 WC,
City Attorney
ATTEST:-
Date:— bo M-2,oZ3
By: .
Leilani I. Broo
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
M-4--
EMPLOYEE: Anne Donnelly
Date: G� % Z�
By: Z�L�/d
Anne Donnelly
[END OF SIGNATURES]
Anne Donnelly Page 2
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 28nd day of June, 2022 ("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 21224, Employee's services are
being retained by the City because Employee has specialized skills needed in
performing work of limited duration. The compensation for the appointment 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. Employee shall not receive any benefit, incentive,
compensation in lieu of benefits, or other form of compensation in addition to the
hourly pay rate. Employee shall not work more than 960 hours each fiscal year
regardless of whether he or she works for one or more employers.
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. -
TERM
The term of this Agreement shall commence on June 28, 2022, and shall end June
27, 2023, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Police Dispatcher — P/T, as further
described in the Job Description attached hereto as Exhibit A and incorporated herein by
reference.
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 Forty Dollars and 44/100 ($40.44) 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. $40.44 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 any fiscal year 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.
6. NOTICES
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
Anne Donnelly Page 2
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.
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
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
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.
13.11 Counterparts. This Agreement may be executed in two (2) or more
Anne Donnelly Page 5
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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Anne Donnelly Page 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
CITY OF NEWPORT BEACH,
a Califor municipal corporation
Date: 162
By:
Jon ewiE
Pol e Chief
APPROVED AS TO FORM:
CITY ATTOR EY'S OFFICE
Date:
By:
a nC. ap
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
Exhibit A:
i
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: to �j *I l07"Z
By:
gra54 K. Leung
y Manager
EMPLOYEE: Anne Donnelly
Date: Z-
r
By:
y
Anne Donnelly
�L 1 FORS
[END OF SIGNATURES]
Job Description
Anne Donnelly Page 7
EXHIBIT A
JOB DESCRIPTION
C'ose the :vlrao
POLICE DISPATCHER — P/T C so CON:
Wa?_ A
Bugs r.r_Grt. Swsmw Pat 'r-_E __.
45:E17 BECK
SALARY RANGE
S28.73 - S40.44 Hour?,
S2,MIS - S123129 &creek^:
S417133 SWIN MrS y,
SSA, SLH - SWIM Ar -_
DEFINITION:
To recehe and crocess emer[ern; and non-eneywKy CAN fa se"ce and disw-atch
olice unrts using comouter aided aiscatch and a %anet',' of _n—r unicMions ecUiwent
1{ rna re ated Was for ahl•ral contrCl and caizmg cunt l Acers aw related recue-•tc
tier sewce
SUPERVISIC) 110EIVED APJD EAK11ED_ Rece:.es er.erai ;: e!. .;c:n fnr' C . La^
�u :. •, and r olive Klanx e ent staff
ESSENTIAL DUTIES:
The follo::nlg essential functions are typical for this classification incumbents may not
c•elmm all of the listed functions armhor nay be required to cerform. additional or different
hinctions from those below to address business needs and changing cusmess 'practwes
• Recei•re emergency and non -emergency calls from the Public requesting police fire or
other emergency ser•;ice determine nahire and location of erergency determine priority
and dispatch enlergencY units or refer calls as necessary and in accordance w 1h
established procedures
• Respond to field unit requests and maintain their status
• Relay information and assistance requests in;oKing other rat: enforcement agencies,
Wonic alai -s recened through autowic Mar— te- 'iscat h unA
n ,rate
• fvlai:e mgUlrle_ and interpret responses iron,. Televype net;:orks relating to .%anted
persons stolen vehicles Mock registration stolen property etc
• Test and inspect equipment as required
• WHO anti maintam daily log of all field calls and units ciis.oatched record classif<;
and ^,ahtain records of communication
Anne Donnelly Page A- 1
• Operate a variety of communications and office equipment
• Regularly and predictabl,, attend ``;pr: and
• Perform related duties as assigned
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:
,er_.gra,chic feature, and streets ;:Ithm the area served
Federal rules and re::;ulatlnns gu,enung the oweraticns of
racilc r::_er;ers an,.! trans. itt?fs
3eneral la enfcnce^,Pnt Practices
Crrect English usage scellln!g cunctuation anci and
1 ,ter•, �"' _ _f_ _ _.,Jf?c .:1'a'_. ��= ali.. ?:;.,,I._ '�'..
Ability to:
?,
Maintain -Ur. 'Amn!g ti. _.V` ._.1a i.. a!:t'.1t;, a?:1 t 1 1 S 1_ _ =,tlli SItuaiICII
Maintain confidential information and high ethical standards not he su'Piect to
ml..peachment in court due to character reputation histor.i of dishonest,,,- or violation of
Iav
Effectr;eh; Con?n?unicate ;:ith and obtain information fro!--. upset and irate citi-7ens
Type at a speed necessary for successful Job performance
Understand and follov; oral and ::ritten instructions
Operate dispatch Teletype and other office equlpn.ent
c:r: :an :l_I_: sf?Ift a assr:;nci
_leail', and, ,h. i = ,II n I'
,`+.'~Pear for ,.vor'.. on time
Follo;, directions- from a supervisor
Understand and follo.%; ^osted .:or!: rules anci Crr'cedufps
Anne Donnelly Page A-2
Accept constructive criticism and
Establish and-aintam cooperativp ,,orkmg relatlonshic ,ith those contacted in the
course of
This position may be regUlred to ,vorl; overtime hours as needed
EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE:
A combination of experience and education that would likely provide the required
knowledge and abilities may be qualifying. A typical way to obtain the knowledge and
abilities would be
Experience Entr+; Level Appointments Prior public contact or police agency experience
desirable Prior Califcmia tiublic safet,; dis;catch!ng experience is highl,; desirable Lateral
r. Cll't""�nt5 '_)ne :par of e;:'Cerlence ':.itk a Cal!fCfnlaco-lice agenc.,' ;s an e-,,ergenc`;
dlscatcher
EdLiCaticn High schunil:Jraduat!Cn Cf f E D Jt a PC)S T 1 u:,';IC Safet',
Ci_catcher certificate Is highl,; desirabe
iCensB Cci-tiilcate CUE' t!_ the :ertCr"anCe f =_ .' ?lei:` `.;Lit!P=
Uv� (ation of a celsOnal of i�lt',":ehlcle a':aland
am an aoCe^facie flri';!n;:j (eCCrC` are rarUlr�d
Additional Requirement t_:
L1 1 _ r�.!e . ! _ �!''_ t� .
Disaster Service Worker: In accordance ;,ith Gorernrr.ent Code Section'100 Cit of
I'levi �Vrt Beach e:??ClCyeeS In the e';'ent of a disaster are considered !:{ISaStef Sel`;ICe
orker; and Ina;` be asked to res and accordmgl+;
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