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Home My WebLink About12 - Temporary Employment Agreement with Former City Employee Michelle CaldwellCITY OF u s NEWPORT BEACH' Cg41C1 F0 f9L City Council Staff Report September 25, 2018 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: Amendment No. One to Temporary Employment Agreement with Former City Employee Michelle Caldwell ABSTRACT: The Police Department seeks City Council approval to temporarily rehire Michelle Caldwell, a Police Dispatcher who retired on December 28, 2012, to fill Dispatcher shifts resulting from temporary vacancies. These vacancies are due to current and anticipated FMLA leaves, extended out -of -service training periods, and resignations and retirements. Ms. Caldwell can immediately fill any shortages in the Dispatch Center schedule. 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 Amendment No. One to the 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 amendment. It will be expensed to the Seasonal Salaries account in the Support Services Division of the Police Department, Account No. 01035352-711004. 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 25, 2018, 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 Temporary Employment Agreement (TEA) initiated September 28, 2017. 12-1 Amendment No. One to Temporary Employment Agreement with Former City Employee Michelle Caldwell September 25, 2018 Page 2 The Police Department anticipates several periods of reduced staffing availability over the term of the TEA with Ms. Caldwell. These periods include FMLA leave for two full-time Dispatchers and one part-time Dispatcher, two part-time Dispatcher vacancies due to a resignation and a retirement and POST -mandated training for new employees. These shortages necessitate this amendment. The Police Department cannot fill these shortages with existing employees. The hiring process to replace the two part-time Dispatchers is underway, but it will take at least 12 months before new employees are hired and trained to a minimum level of proficiency. As a retired career Dispatcher, Ms. Caldwell possesses specialized skills and knowledge necessary to perform the duties and responsibilities of a Police Dispatcher. She provides additional staffing hours needed to cover scheduling shortages. Amendment No. One to the Temporary Employment Agreement provides: 1. On September 25, 2018, the City will engage Ms. Caldwell at $38.01 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 $36,489.60. 2. She is not to be paid overtime or work overtime. 3. The Police Department currently anticipates several temporary Dispatcher vacancies as noted above. These vacancies will create staffing shortages and negatively impact the Police Department's ability to meet minimum staffing levels. Ms. Caldwell's work with the Police Department shall cease when the Department fills all vacancies with fully trained part-time Police Dispatchers and current employees return from FMLA leave and training. 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 — Amendment No. One to Temporary Employment Agreement 12-2 ATTACHMENT A AMENDMENT NO. ONE TO TEMPORARY EMPLOYMENT AGREEMENT WITH MICHELLE CALDWELL FOR POLICE DISPATCHER SERVICES THIS AMENDMENT NO. ONE TO TEMPORARY EMPLOYMENT AGREEMENT ("Amendment No. One]") is made and entered into as of this 25th day of September, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MICHELLE CALDWELL, ("Employee"), whose address is 28149 Alava, Mission Viejo, California 92692, and is made with reference to the following: RECITALS A. On September 28, 2017, City and Employee entered into a 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 September 27, 2019 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 the Effective Date, or earlier as directed, in writing, by the Police Chief, and shall end on September 27, 2019, unless terminated earlier as set forth herein." 2. COMPENSATION Section 3.1.1 of the Agreement is amended as of September 25, 2018, to read as follows: "Pay of Thirty Eight Dollars and 011100 ($38.01) 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. $38.01 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. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: a f GIA CITY OF NEWPORT BEACH, a California municipal corporation Date: By: 4� By: Aaron C. Harp ^ y Grace K. Leung City Attorney City Manager ATTEST: Leilani I. Brown City Clerk EMPLOYEE: Michelle Caldwell By: Michelle Caldwell [END OF SIGNATURES] Michelle Caldwell Temporary Employment Agreement Page 2 12-4