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HomeMy WebLinkAbout19 - Appointment of Jay Johnson as Interim Police ChiefPO CITY OF z NEWPORT BEACH Cq G�p� P City Council Staff Report January 12, 2016 Agenda Item No. 19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager - 949-644-3001, dkiff@newportbeachca.gov PREPARED BY: Barbara J. Salvini, Human Resources Director PHONE: 949-644-3259, bsalviniC@newportbeachca.gov TITLE: Appointment of Jay Johnson as Interim Police Chief ABSTRACT: After serving the City for five years, Police Chief Jay Johnson retired effective December 24, 2015. The Council is requested to confirm the appointment of Jay Johnson as an Interim Police Chief effective January 13, 2016 in accordance with Government Code Section 21221(h). This interim appointment will coincide with the recruitment of a permanent Police Chief. RECOMMENDATION: a) Adopt 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 Section 21221(h) (effective January 13, 2016), and Certifying the Exception to the 180 Day Wait Period Under Government Code Section 7522.56(f)(4), and certifying that the position of Police Chief is a critical position within the City structure; and b) Authorize the City Manager to execute the proposed Post Retirement Temporary Employment Agreement with Jay Johnson. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this appointment. It will be expensed to the Office of the Chief account in the Police Department, Budget Unit 1810. Jay Johnson will be compensated in accordance with Government Code Section 21221(h) which requires that he receive on an hourly basis the equivalent of the position's published monthly salary without any benefits. This will provide the City with a savings during the period when there is no full time, benefitted Police Chief. 19-1 Appointment of Jay Johnson as Interim Police Chief January 12, 2016 Page 2 DISCUSSION: The City of Newport Beach maintains a fully operational police department requiring direction from a seasoned professional with specialized skills to assist in the operation of the department. With the retirement of Jay Johnson, the department is in need of continued leadership while recruiting for the permanent position. Jay Johnson is agreeable to assisting the department during the recruitment and appointment of a permanent Police Chief. In accordance with Government Code Section 21221(h), the proposed resolution (Attachment A) states that Council may appoint a retired annuitant to an interim position without loss or interruption of benefits during recruitment for the permanent position if it is deemed to require specialized skills, provided that the appointment does not exceed 960 hours in a fiscal year or a total of twelve months. The appointment of a retired annuitant to an interim position must be made by the governing body. Pursuant to Government Code Section 7522.56(f)(4), Council is not required to waive the 180 -day wait period since Jay Johnson is a retired public safety officer hired to perform a function regularly performed by a public safety officer. The proposed contract (Attachment B) establishes that Jay Johnson shall be compensated on an hourly basis and is not eligible to receive any benefits. The contract further outlines that as a retired annuitant he cannot work more than 960 hours in a fiscal year and his appointment cannot exceed a total of twelve months. The Police Chief recruitment has already begun, and it is anticipated that the position will be filled in approximately six months. 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). 19-2 Appointment of Jay Johnson as Interim Police Chief January 12, 2016 Page 3 ATTACHMENTS: Attachment A — Resolution No. 2016-8 Confirming Appointment of Jay Johnson as Interim Police Chief Attachment B — Post Retirement Temporary Employment Agreement with Jay R. Johnson for Interim Police Chief Services 19-3 ATTACHMENT A 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 19-4 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 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 day of 12016. 19-5 Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk 19-6 ATTACHMENT B POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT WITH JAY R. JOHNSON FOR INTERIM POLICE CHIEF SERVICES THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT ("Agreement") is made effective as of the day of , 20_ ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city ("City"), and Jay R. Johnson ("Employee") an individual (sometimes collectively referred to as "the Parties") 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 City. B. City's appointment of Employee as Interim Police Chief is for a temporary and limited duration due to the vacancy of this position as of December 23, 2015. This Agreement is necessary for the continued leadership of the City's Police Department during the City's recruitment and appointment of a permanent Police Chief. C. On , 2016, the City Council adopted Resolution No. 2016 -XXX finding that a recruitment to permanently fill the vacant position has begun and that Employee has the prior experience and specialized skills to assist the operation of the Police Department and serve as Interim Police Chief. D. In accordance with Government Code Section 21221(h), Employee's services under this Agreement are being retained on an interim basis as a result of the existing vacancy during the recruitment and appointment process for a period not to exceed one (1) year. E. The City desires to employ Employee on a provisional "at will" basis and to enter into an Agreement with Employee to serve as the Interim Police Chief ("Position") upon the terms and conditions in this Agreement. F. Employee has agreed to enter into this Agreement to serve as the Interim Police Chief during the City's recruitment process and accepts 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: The term of this Agreement shall commence on January 13, 2016, and shall end no later than January 13, 2017, unless terminated earlier as provided herein. 2. SERVICES TO BE PERFORMED BY EMPLOYEE Jay R. Johnson Page 1 19-7 ATTACHMENT B Employer agrees to employ Employee as Chief of Police to exercise the powers and authority and to perform the functions and duties of that position as specified in the Newport Beach City Charter and Municipal Code and all relevant resolutions, rules, regulations, procedures, and state codes, as they currently or may in the future exist, specifically including but not limited to those set forth in the "Police Chief" description attached hereto as Exhibit A and incorporated herein by this reference. Employee shall exercise such power and authority and perform such other functions and duties, not inconsistent with this Agreement, as Employer, by the City Manager, may legally assign. 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 One Hundred and Eleven Dollars and 03/100 ($111.03) 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 deduction and withholding of any all sums required for federal or state income tax prorated and paid on City's normal paydays for the City Manager, City Attorney, City Clerk, and any Department Directors not covered by collective bargaining agreements ("Executive Management Employees"). 3.1.2 $111.03 shall be considered just compensation and Employee will not receive any additional benefits or compensation in lieu of benefits or other form of compensation in addition to this hourly pay rate. 3.1.3 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. 4.2 It is expressly understood that Employee is a nonexempt Employee and employment is for a temporary, "at will" position. 4.3 Employee shall not work more than 960 hours each fiscal year in accordance with CaIPERS post retirement employment guidelines. The Employee shall be responsible for monitoring the hours worked during these time periods to insure full compliance. 5. REIMBURSEMENT The parties recognize that Employee may incur expenses of a non -personal, job related nature that are reasonably necessary to Employee's service to Employer. Employer agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to Employer's normal expense reimbursement procedures or such other procedure as may be designated by Jay R. Johnson Page 2 19-8 ATTACHMENT B the City Manager. To be eligible for reimbursement, all expenses must be supported by documentation meeting Employer's normal requirements and must be submitted within time limits established by Employer. 6. ADMINISTRATION This Agreement shall be administered by the City Manager. 7. NOTICES 7.1 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 deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Employee to City shall be addressed to City at: City of Newport Beach Attn: Dave Kiff, City Manager 100 Civic Center Drive Newport Beach, CA 92660 With copy to: Barbara J. Salvini Human Resources Director 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Employee shall be addressed to Employee at: Jay R. Johnson At the home address then shown in City's files Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable in civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service as provided by law. 8. TERMINATION 8.1 Employee's employment is temporary and "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. 8.2 This Agreement shall be terminated once the City appoints a Police Chief and the vacant position has been permanently filled. Jay R. Johnson Page 3 19-9 ATTACHMENT B 8.3 Employee's employment status cannot be changed except in writing on a form signed by the City Manager, the City Attorney and Employee. 8.4 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. 8.5 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. 9. EFFECT OF PRIOR AGREEMENTS As of the Effective Date, this Agreement supersedes any prior agreement between the City and the Employee 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 shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with his duties and responsibilities to Employer. 12.2 Employee may obtain and/or maintain employment with persons or entities other than the City or self-employment (outside employment) subject to written Jay R. Johnson Page 4 19-10 ATTACHMENT B approval by the City Manager. 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 regulations 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 the 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 attorney's fees. Jay R. Johnson Page 5 19-11 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates below. CITY OF NEWPORT BEACH, A California municipal corporation Date: Dave Kiff City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date. L' By:5m , Aaron C. Harp, City Attorney ATTEST: Date: Leilani I. Brown City Clerk Temporary Employment Agreement EMPLOYEE: Jay R. Johnson Date: Jay R. Johnson [END OF SIGNATURES] Attachments: Exhibit A: Job Description Exhibit B: Post Retirement Temporary Employment Certification 19-12 Jay R. Johnson Page 6 ATTACHMENT B EXHIBIT A JOB DESCRIPTION Jay R. Johnson Page A-1 19-13 ATTACHMENT B CITY OF NEWPORT BEACH POLICE CHIEF DEFINITION: Under direction of the City Manager, the Police Chief is responsible for the administration, development, and advancement of the City's full service Police Department; to oversee and implement all programs and procedures related to crime prevention, law enforcement, and related policing services; to serve as a member of the City Manager's Executive Management Team; and to provide highly responsible and professional staff assistance to the City Manager and City Council. SUPERVISION RECEIVED AND EXERCISED: Receives general administrative direction from the City Manager. Exercises general supervision over the entire department and direct supervision over division managers and professional/administrative support staff. CLASSIFICATION CHARACTERISTICS: The Police Chief is expected to exercise independent judgment, wisdom, and innovation in establishing and administering all Police Department operations, consistent with the City Manager's expectations and with concern for the entire City government organization. As an inspiring leader, the Police Chief must demonstrate integrity and promote ethical standards within the department, advocate collaboration with the community, and be a team member with the City organization. The Police Chief must be politically astute, but apolitical. EXAMPLES OF ESSENTIAL DUTIES: Duties may include, but are not limited to, the following: Essential Job Duties • Advancing the interests of the department and the City, plans, directs, and oversees a variety of programs designed for the maintenance of law and order and protection of life and property within the City of Newport Beach; develops comprehensive plans to satisfy needs for departmental services to ensure the highest possible quality of life for residents and visitors; • Ensuring the optimum and most efficient and effective use of staffing and resources, administers the overall operation of a full service police department, including hiring, personnel administration, office operations, budgeting, and community relations; serves as a member of the City's Executive Management Team and collaborates with other departments to resolve city-wide problems; • Demonstrating a strong working knowledge of the legal system, confers with legal advisors and City officials regarding law enforcement issues; provides professional and technical advice and assistance to the City Manager and City Council on matters related to law enforcement services; represents the City as a witness in 19-14 ATTACHMENT B legal proceedings; • Exhibiting exceptional communication skills, prepares and presents staff reports and related materials for City Council or public response; resolves issues raised by City Council members, community groups, employee associations, and the public; advocates the City's position in negotiations with various regulatory agencies to satisfy requirements; • Building cohesive and collaborative departmental working relationships, plans, organizes, selects and supervises the work of departmental staff; establishes accountability throughout the department; promotes employee development through staff training and succession planning; ensures consistent application of City personnel policies and employee agreements; • Demonstrating stewardship of public funds, directs the preparation and administration of the Police Department budget; participates in the forecast of revenue, expenses and additional funds needed; guides subordinate managers in developing and administering fiscally responsible budgets; carries out police functions in the most cost effective ways; • Promoting a strong community policing program, establishes and maintains collaborative working relationships with property owners, community groups, business districts, and the public; represents the Police Department and the City at community and civic events; and • Performs 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: Advanced principles and practices of crime prevention and law enforcement, including criminal investigation and identification, patrol, traffic control, animal control, records management, care and custody of persons and property and environmental protection; Principles and practices of organization, administration and personnel management, and leadership of a law enforcement agency; Principles and techniques of municipal budget development and administration; Applicable Federal, State and local laws, ordinances, codes and regulations; 19-15 ATTACHMENT B Principles of supervision, training and performance evaluation; Current technological and communication equipment and software applicable to the delivery of departmental services to internal and external customers; Modern office practices, procedures, methods and equipment; and The use of a PC and applicable software. Ability to: Effectively direct, plan and organize the activities of a comprehensive city-wide full service police department; Critically analyze problems, identify alternative solutions, and implement recommendations in support of goals; Understand the needs of a tourism -based community and its impact on public safety; Promote collaboration and innovation; Provide a stabilizing influence during periods of change; Weigh risks and consequences and make clear decisions; Equitably interpret and apply City policies, procedures, rules and regulations; Diffuse conflict and gain cooperation through discussion and persuasion; Motivate, select, supervise, and evaluate personnel; Promote fiscal responsibility in administering a departmental budget; Develop and maintain effective partnerships with community groups; Build loyalty within the organization and advocate accessibility and responsiveness to the community; Effectively and persuasively communicate, both orally and in writing; and Establish and maintain cooperative working relationships with those contacted in the course of work. 19-16 ATTACHMENT B EXPERIENCE AND TRAINING: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Seven years of increasingly responsible managerial and supervisory law enforcement experience, including at least three years at the rank of Captain or above. Training: Equivalent to completion of a Bachelor's degree in criminal justice, law, management, public administration, business administration, or a related field from an accredited college or university. A Master's degree or Juris Doctorate is desirable. LICENSE OR CERTIFICATE: Possession of P.O.S.T. Management Certificate at time of appointment. Possession of P.O.S.T Executive Certificate desirable. Possession of a valid California driver's license. Completion of Federal Bureau of Investigation's National Academy is desirable. Additional Requirement: Prior to employment, the prospective candidate must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. Key and Management Group — Executive Management Revised BR 2/2007 Revised MWD: 2/17/2010 & CSB Approved 3/1/10 19-17 ATTACHMENT B EXHIBIT B POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION The City of Newport Beach ("City") and Jay R. Johnson ("Employee") are contemplating entering a post-retirement temporary employment agreement ("Agreement") for interim Police Chief during the City's recruitment and appointment of a permanent Police Chief. Employee acknowledges that he will adhere to the following temporary employment requirements: Employee shall not work more than 960 hours each fiscal year and the term of the Agreement, which term shall not exceed twelve months 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. Further, the Employee certifies the following: "I, Jay R. Johnson, certify that I 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)." Jay R. Johnson, Temporary Employee Date Jay R. Johnson Page B-1 19-18