HomeMy WebLinkAbout06 - Approving a Temporary Employment AgreementQ �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
June 22, 2021
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Jonathan Stafford, Deputy Director, jstafford@nbpd.org
PHONE: 949-644-3650
TITLE: Resolution No. 2021-61: Approving a Temporary Employment
Agreement with Former Employee Anne Donnelly
ABSTRACT:
The Police Department requests City Council approval to temporarily rehire Anne
Donnelly, a Police Dispatcher who retired on December 19, 2020, to fill Dispatcher shifts
resulting from temporary vacancies. These vacancies are due to extended Family Medical
Leave Act (FMLA) leaves, a planned retirement, a resignation and extended
out -of -service training periods. Ms. Donnelly can immediately fill any shortages in the
Communications Center schedule.
RECOMMENDATION:
a) Determine this 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
this action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2021-61, A Resolution of the City Council of the City of Newport
Beach, California, Approving a Temporary Employment Agreement with Anne
Donnelly; and
c) Approve a Temporary Employment Agreement with former employee Anne Donnelly,
who retired on December 19, 2020, to fill the position of Police Dispatcher — P/T until
all vacancies have been filled and authorize the Mayor to execute the agreement.
DISCUSSION:
City Council Policy F-14 requires City Council approval for any contracts with former City
of Newport Beach (City) employees. The Police Department seeks to hire Anne Donnelly
on a limited basis effective June 23, 2021, to temporarily serve as a part-time Police
Dispatcher. Ms. Donnelly served as a full-time Police Dispatcher for 33 years until she
retired on December 19, 2020. As a retired career Dispatcher, Ms. Donnelly possesses
specialized skills and knowledge necessary to perform the duties and responsibilities of
a Police Dispatcher and she provides additional staffing hours needed to cover
scheduling shortages.
6-1
Resolution No. 2021-61: Approving a Temporary Employment Agreement with
Former Employee Anne Donnelly
June 22, 2021
Page 2
The Police Department anticipates several periods of reduced staffing availability due to
vacancies over the term of the Temporary Employment Agreement with Ms. Donnelly.
These vacancies result from a planned retirement, a resignation, FMLA leaves, and
extended out -of -service training periods. The Department cannot fill these shortages with
existing employees. In addition to staffing shortages from leaves and extended training
periods, the Police Department currently has three part-time Dispatcher vacancies. The
hiring process to replace the three part-time Dispatchers is underway but will take at least
12 months before new employees are hired and trained to a minimum level of proficiency.
The Temporary Employment Agreement provides:
1. On June 23, 2021, the City will engage Ms. Donnelly at $39.35 per hour, the
amount equal to a part-time Police Dispatcher with similar experience. Should
Ms. Donnelly work the maximum allowable 960 hours, her total compensation
would be $37,776.00.
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. Donnelly's work with the Police Department shall cease when the Department
fills all vacancies with fully trained part-time Police Dispatchers.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this Temporary Employment
Agreement. It will be expensed to the Part -Time Salaries account in the Support Services
Division of the Police Department, 01035352-711003. The agreement provides for the
lowest per -hour Police Dispatcher costs when compared to full-time hours, overtime or
permanent part-time hours and all costs for the agreement will be offset by personnel
vacancies and leaves.
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).
6-2
Resolution No. 2021-61: Approving a Temporary Employment Agreement with
Former Employee Anne Donnelly
June 22, 2021
Page 3
ATTACHMENTS:
Attachment A — Resolution No. 2021-61
Attachment B — Temporary Employment Agreement with Anne Donnelly
6-3
Attachment A
RESOLUTION NO. 2021-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
TEMPORARY EMPLOYMENT AGREEMENT WITH ANNE
DONNELLY
WHEREAS, the City of Newport Beach ("City") requires a temporary part time
Police Dispatcher position to be filled within the Police Department;
WHEREAS, California Government Code Section 21221(g) allows a retired person
to serve as a temporary employee with the City, without reinstatement from retirement, if
the employment is available due to a leave of absence granted to a person on payroll
status for a period not to exceed one year, and if the City finds such position to require
specialized skills;
WHEREAS, a current employee has been granted a leave of absence that is on
payroll status, leaving the part time Police Dispatcher duties unfilled, which is found to be
a position that requires specialized skills;
WHEREAS, California Government Code Section 21221(g) requires the City to
report this appointment to the Board of Administration of the Public Employees'
Retirement System, and such report shall be accompanied by a resolution adopted by
the City Council;
WHEREAS, the temporary employment of the part time Police Dispatcher is
desired to be filled by the City through a temporary employment agreement
("Agreement"), and
WHEREAS, the Agreement shall be terminated at the end of the leave of absence,
which shall be no longer than one year.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the City entering into the
Agreement with Anne Donnelly, which Agreement shall be approved as to form by the
City Attorney, pursuant to California Government Code Section 21221(g).
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Attachment A Resolution No. 2021 -
Page 2 of 2
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
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, Division 6, 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 22nd day of June, 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
C. q 411J
Aaron C. Harp (nN o41 O1 'M
City Attorney
6-5
Attachment B
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 22nd day of June, 2021 ("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 21221(g), Employee's services are
being retained by the City due to a leave of absence granted to a person on payroll
status for a period not to exceed one (1) year and found by the City to require
specialized skills and due to ongoing vacancies. The temporary employment shall
be terminated at the end of the leave of absence.
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:
1. TERM
The term of this Agreement shall commence on June 23, 2021, and shall end June
22, 2022, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Police Dispatcher — PIT, as further
described in the Job Description attached hereto as Exhibit A and incorporated herein by
reference.
• •
Attachment B
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 Nine Dollars and 351100 ($39.35) 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. $39.35 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 the term of the
Agreement 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.
[:moi; Lei 9.Lei _; V
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
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
Anne Donnelly Page 2
6-7
Attachment B
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
Attachment B
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
Attachment B
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.
Anne Donnelly Page 5
6-10
Attachment B
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.
[SIGNATURES ON NEXT PAGE]
Anne Donnelly
Page 6
6-11
Attachment B
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:
Bv:
Jon T. Lewis
Police Chief
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Brad Avery
Mayor
APPROVED AS TO FORM: EMPLOYEE: Anne Donnelly
CITY ATTORNEY'S OFFICE
Date: TI upzi Date.-
By:
ate:By: - 2& `'�—� -FV- By:
Aaron C. Harp AA00'1 Anne Donnelly
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments: Exhibit A:
[END OF SIGNATURES]
Job Description
Anne Donnelly Page 7
6-12
Attachment B
EXHIBIT A
JOB DESCRIPTION
POLICE DISPATCHER - PJT Class Code:
city of Newport Beach
95o070A
Bargaining Unit: Seasonal Part Time Employees
CITY CF NEWPORT BEACH
Establlshed Date: M,9y 8,
Revi *n Date: A.ig 2C,, ZOCP
SALARY RANGE
$27.95 - $39.35 Hourly
$2,236.26 - $3,148.16 Biweekly
$4,845.24 - $6,821.01 Monthly
$58,142.86 - 581,852.16 Annually
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:
The following essential functions are typical for this classification Incumbents may not
perform all of the listed functions and/or may be required to perform additional or different
functions from those below, to address business needs and changing business practices
• 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;
• Regularly and predictably attend work; and
• Perform related duties as assigned.
Anne Dannelly
Page A- 1
6-13
Attachment B
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
Modern office procedures, practices and equipment.
Ability to:
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.
Anne Donnelly
Page A-2
6-14
Attachment B
EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE:
A combination of experience and education thatwould 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.
Education: High school graduation or G.E.D; possession of a POST Public Safety Dispatcher
certificate is highly desirable.
License/Certificate: Due to the performance of some field duties which require the operation
of a personal or City vehicle, a valid and appropriate California driver's license and an
acceptable driving record are required.
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.
Anne Donnelly Page A-3
6-15