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Home My WebLink About07 - CC-7 - Resolution for Exception to 180 Day Wait - 9/19/2017CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 19, 2017 ITEM NUMBER: CC -7 SUBJECT: RESOLUTION FOR EXCEPTION TO THE 180 -DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224, FOR THE REHIRE OF RETIRED SENIOR COMMUNICATIONS SUPERVISOR CHERIE PITTINGTON DATE: SEPTEMBER 12, 2017 FROM: CITY MANAGER'S OFFICE / HUMAN RESOURCES DIVISION PRESENTATION KASAMA LEE, HUMAN RESOURCES ADMINISTRATOR BY: BRYAN GLASS, POLICE CAPTAIN FOR FURTHER INFORMATION CONTACT: LANCE NAKAMOTO, HUMAN RESOURCES MANAGER, (714)754-5172 RECOMMENDATION: Staff recommends that the City Council: 1) Adopt by resolution the exception to the 180 -Day Wait Period pursuant to Government Code Sections 7522.56 and 21224 (Attachment 1) to retain the services of retired Senior Communications Supervisor Cherie Pittington BACKGROUND: Senior Communications Supervisor Cherie Pittington retires from the City of Costa Mesa effective September 15, 2017. Her continued services are necessary because of a critical need related to the staffing, training and continued operations of the Support Services Division — Telecommunications Bureau in the Police Department. ANALYSIS: Section 7522.56 of the Government Code requires that post-retirement employment commence no earlier than 180 days after the retirement date, but a public agency may hire a retired annuitant prior to the expiration of the 180 days following his/her retirement, if the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed. This appointment is limited to 960 hours per fiscal year and the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties. This appointment does not include any other benefit, incentive, or compensation in lieu of benefit or other form of compensation in addition to an hourly rate. 1 The recruitment to fill the Senior Communications Officer position will open shortly. While the position is vacant, Ms. Pittington's services are required to assist infilling this important position in Communications. Ms. Pittington provides vital supervisor and training of the other Communication Officer positions. Her services are imperative while the City conducts a search for her replacement. Further, she will be a key trainer when her replacement comes on board. Ms. Pittington will also be able to assist with other special projects such as the development of the Communications Training Officer program, Standard Operating Procedures and other operational duties. This temporary assignment complies with the CalPERS guidelines regarding retired annuitants. FISCAL REVIEW: The hourly rate paid will be $58.04. No other benefits will be provided. The salary falls within the base salary range for the position of Sr. Communications Supervisor and complies with the CalPERS guidelines regarding retired annuitants. It is anticipated that Mrs. Pittington will work 20-30 hours per week but no more than 960 hours per fiscal year. Should she work up to the 960 -hour limitation during the fiscal year, her maximum earnings would be $55,718. Funding will come from salary savings from her vacant position. LEGAL REVIEW: The attached resolution has been reviewed by the City Attorney's Office and approved as to form. CONCLUSION: Staff recommends that the City Council adopt resolution No. 17- , granting an exception to the 180 -day wait period pursuant to Government Code Sections 7522.56 and 21224. KASAMA LEE Human Resources Administrator STEVE DUNIVENT Interim Director of Finance DISTRIBUTION: City Manager City Attorney City Clerk ATTACHMENTS: I Resolution No. 17- 11 Job Offer Letter TAMARA S. LETOURNEAU Assistant City Manager THOMAS DUARTE City Attorney 2 Attachment 1 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FOR AN EXCEPTION TO THE 180 -DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, in compliance with Government Code section 7522.56, the City Council of the City of Costa Mesa must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Cherie M. Pittington (SSN XXX -XX -4785) retired from the City of Costa Mesa in the position of Senior Communications Supervisor effective September 15, 2017; and WHEREAS, Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 15, 2018, without this certification resolution; and WHEREAS, Section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement -related incentive; and WHEREAS, the City Council, the City of Costa Mesa and Cherie M. Pittington certify that Cherie M. Pittington has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, the City Council hereby appoints Cherie M. Pittington as an extra help retired annuitant to perform the duties of Senior Communications Supervisor for the City of Costa Mesa under Government Code section 21224, effective October 15, 2017; and WHEREAS, the entire employment agreement between Cherie M. Pittington and the City of Costa Mesa has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $10,061 per month and the hourly equivalent is $58.04, and the minimum base salary for this position is $7,508 per month and the hourly equivalent is $43.32; and WHEREAS, the hourly rate paid to Cherie M. Pittington will be $58.04; and WHEREAS, Cherie M. Pittington has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Costa Mesa hereby certifies the nature of the appointment of Cherie M. Pittington as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Senior Communications Supervisor for the City of Costa Mesa by October 15,2017, because of a critical need related to the staffing, training and continued operations of the Support Services Division — Telecommunications Bureau of the Police Department. PASSED AND ADOPTED this 19th day of September, 2017. ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Katrina Foley, Mayor APPROVED AS TO FORM: Thomas P. Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City Council of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No.17--and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day of September, 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 20th day of September, 2017. BRENDA GREEN, CITY CLERK (SEAL) September 12, 2017 CITY OF COSTA MESA Dear Cherie Pittington: P. O. BOX 1200, CALIFORNIA 92628-1200 FROM THE OFFICE OF THE CHIEF EXECUTIVE OFFICER HUMAN RESOURCES DIVISION Attachment 2 I am happy to confirm the City of Costa Mesa's conditional job offer to you as Temporary Senior Communications Supervisor in the Support Services Division — Telecommunications Bureau of the Police Department. This offer is conditional upon City Council approval. This is a non -benefitted part-time position. As a CalPERS retired annuitant, you are limited to working 960 hours in a fiscal year. Your temporary employment will commence on October 15, 2017 and end at the earliest of: • 12 months of part-time employment 0 Your completion of 960 hours in a fiscal year • The completion of special projects related staffing, training and operations of the Telecommunications Bureau including: 1. Training of her replacement and other supervisory personnel 2. Development and implementation of an updated Communications Training Officer program 3. Development of the deployment schedule and mandated overtime schedule 4. Updating and developing new Telecommunications Standard Operating Procedures 5. Assisting with the backlog of employee performance evaluations 6. Assisting with discovery requests If you have any questions about the above, please feel free to contact me at (714) 754- 5169. Sincerely, Kasama Lee Human Resources Administrator I acknowledge receipt of the above. Cherie Pittington c. Robert Sharpnack, Chief of Police Bryan Glass, Police Captain Date 77 FAIR DRIVE PHONE: (714) 754-5350 • TDD: (714) 754.5244 - www.costamesaca.gov