Loading...
HomeMy WebLinkAbout12 - Contract with Former City Employee, Michelle CaldwellQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 26, 2017 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Damon Psaros, Lieutenant, dpsaros@nbpd.org PHONE: 949-644-3660 TITLE: Contract with Former City Employee, Michelle Caldwell ABSTRACT - The Police Department seeks City Council approval to temporarily rehire a Police Dispatcher who retired on December 28, 2012, to fill an unexpected vacancy due to a medical leave. This is further necessitated by a significant reduction in work hours by two part-time Dispatchers and the expected retirement of one full-time Dispatcher. RECOMMENDATION: a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with former employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until all vacancies can be filled. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for the TEA. It will be expensed to the Part -Time Salaries account in the Support Services Division of the Police Department, 01035352-711003. DISCUSSION: Council policy F-14 states that the City Council shall review and consider any contract the City enters into with a former employee. The Police Department seeks to hire Michelle Caldwell on a limited basis effective September 28, 2017, to temporarily serve as a Police Dispatcher. Ms. Caldwell served as a full-time Police Dispatcher from May 1984 until she retired on December 28, 2012. Ms. Caldwell is currently working under a TEA initiated September 28, 2016. 12-1 Contract with Former City Employee, Michelle Caldwell September 26, 2017 Page 2 An expected medical leave for a full-time Police Dispatcher, the loss of approximately 50 work hours per week from two part-time Dispatchers and an expected retirement of one full-time Dispatcher has necessitated this TEA. The Department cannot fill the extended vacancies with existing employees. Ms. Caldwell possesses specialized skills and knowledge necessary to perform the functions of the Police Dispatcher. As a career Police Dispatcher, Ms. Caldwell is able to effectively and efficiently handle the duties and responsibilities of a Police Dispatcher. The Temporary Employment Agreement provides: 1. On September 28, 2017, the City will engage Ms. Caldwell at $37.45 per hour, the amount equal to a Police Dispatcher with similar experience. Should Ms. Caldwell work the maximum allowable 960 hours, her total compensation would be $35,952. 2. She is not to be paid overtime or work overtime. 3. Her work with the Police Department shall cease upon the Department filling vacancies with fully trained Police Dispatchers. 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). ATTACHMENT: Attachment A — Temporary Employment Agreement for Michelle Caldwell 12-2 ATTACHMENT A TEMPORARY EMPLOYMENT AGREEMENT WITH MICHELLE CALDWELL FOR POLICE DISPATCHER SERVICES THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT ("Agreement") is made effective as of 28th day of September, 2017 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city ("City") and Michelle Caldwell ("Employee") whose mailing address is 28149 Alava, Mission Viejo, California 92692, 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. 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 during an emergency to prevent stoppage of public business. 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. A retired person appointed pursuant to this section shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. A retired annuitant appointed pursuant to this section shall not work more than 960 hours each fiscal year regardless of whether he or she works for one or more employers. C. 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. D. 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 September 28, 2017, or earlier as directed, in writing, by the Police Chief, and shall end September 27, 2018, unless terminated earlier as provided herein. 2. SERVICES TO BE PERFORMED BY EMPLOYEE 2.1 Services shall include the following: Police Dispatcher duties, as further detailed in the Job Description, attached hereto as Exhibit A and incorporated herein by 12-3 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 Thirty Seven Dollars and 451100 {$37.45} 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. $37.45 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 Police Chief 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 for all employers during the term of the Agreement or during any single fiscal year of the City in accordance with Ca1PERS 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 conclusively shall be deemed served when delivered personally, or on the third business Michelle Caldwell Temporary Employment Agreement Page 2 12-4 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 P.O. Box 7000 Newport Beach, CA 92660-7000 6.3 All notices, demands, requests or approvals from City to Employee shall be addressed to Consultant at: Michelle Caldwell 28149 Alava Mission Viejo, CA 92692 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 Michelle Caldwell Temporary Employment Agreement Page 3 12-5 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. 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. Employee shall not engage in any outside employment or business activities during his/her workday with the City. 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 Michelle Caldwell Temporary Employment Agreement Page 4 12-6 the Department Director. 13. EMPLOYEE'S INDEPENDENT REVIEW Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of Employer, its officers, agents or employees other than those expressly set forth in this Agreement. Employee acknowledges that he has been advised to obtain, and has availed himself of, legal advice with respect to the terms and provisions of this agreement. 14. STANDARD PROVISIONS 14.1 Recitals. City and Employee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 14.2 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. 14.3 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 14.4 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. 14.5 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. 14.8 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. 14.7 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. Michelle Caldwell Temporary Employment Agreement Page 5 12-7 14.8 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. 14.9 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. 14.10 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. 14.11 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] Michelle Caldwell Temporary Employment Agreement Page 6 12-8 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:_ Z' /� � 2 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: By: T. Lewis Dave Kiff Police Chief City Manager APPROVED AS TO FORM: CITY ATTORNEY'S, OFFICE Date:ZWZ By: Aaron C. Harp UM 6' 1031"r City Attorney ATTEST: Date: IIn Leilani I. Brown City Clerk EMPLOYEE: Michelle Caldwell Date: By: Michelle Caldwell [END OF SIGNATURES] Attachments: Exhibit A: Job Description Exhibit B: Post Retirement Temporary Employment Certification Michelle Caldwell Temporary Employment Agreement Page 7 12-9 EXHIBIT A JOB DESCRIPTION Michelle Caldwell Temporary Employment Agreement Page A-1 12-10 City of Newport Beach - Class Specification Bulletin CTY OF NEWPORT BEACH Establr�hed Date: May 8, 2006 Revislon Date: Aug 28, 2009 http://agency.govern nentjobs.com/newportbeach/default.ef n?action=... POLICE DISPATCHER, P/T Bargaining Unit: Seasonal Part Time Employees SALARY RANG $26.61 - $37.45 Hourly $2,128.80 - $2,996,00 Biweekly $4,612.40 - $6,491.33 Monthly $55,348.80 - $77,896.00 Annually Class Code: 950070A 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: Duties may include, but are not limited to, the following: • 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; 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: 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 1 of 2 8115117, 1:47 PM 12-11 City of Newport Beach - Class Specification Bulletin Modern office procedures, practices and equipment. Ability to: http: //agency.govenunentjobs.com/newportbeach/default.cfm7action-- 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. EXPERIENCE & TRAINING AND LICENSE/ CERTIFICATE: A combination of experience and training that would 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. Training: High school graduation or G.E.D; possession of a POST Public Safety Dispatcher certificate is highly desirable. License/Certificate: Possession of, or ability to obtain, an appropriate, valid California driver's license. 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. 2 of 2 8115/17, 1:47 PM 12-12 EXHIBIT B POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION The City of Newport Beach ("City") and Michelle Caldwell ("Employee") are contemplating entering a post-retirement temporary employment agreement ("Agreement") for temporary Dispatcher services within the Police Department. Employee acknowledges that he will adhere to the following temporary employment requirements: • Employee shall not work more than 960 hours during each City fiscal year for all employers in accordance with CalPERS post retirement employment guidelines. • The Employee shall be responsible for monitoring the hours worked during each City fiscal year to ensure full compliance. Further, the Employee certifies the following: "l, Michelle Caldwell, certify that 1 have not received any unemployment insurance compensation arising out of prior employment with a public employer during the last twelve (12) months. I understand that if I am receiving a pension benefit from a public retirement system and have received any unemployment insurance compensation arising out of prior employment with a public employer during the last twelve (12) months, I am not eligible to serve or be employed by the City of Newport Beach pursuant to Government Code Section 7522.56(e)(1).° Michelle Caldwell, Employee Date Michelle Caldwell Temporary Employment Agreement Page B-1 12-13