HomeMy WebLinkAbout12 - Amendment to Temporary Employment Agreement with Former Employee Anne DonnellyQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 27, 2023
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: Jonathan Stafford, Deputy Director, jtafford@nbpd.org
PHONE: 949-644-3650
TITLE: First Amendment to Temporary Employment Agreement with Former
Employee Anne Donnelly
/_1 16"t I:7_T91 6
The Police Department requests City Council approval to extend the temporary
employment agreement with Anne Donnelly, a police dispatcher who retired on December
19, 2020, to fill dispatcher shifts resulting from temporary staffing shortages. Ms. Donnelly
can immediately fill any openings in the Communications Center schedule until new
employees are hired and trained.
RECOMMENDATIONS:
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;
and
b) Approve a first amendment to the Temporary Employment Agreement with former
employee Anne Donnelly, who retired on December 19, 2020, to fill the position of
Police Dispatcher - P/T for a limited duration while the Police Department works to fill
the staffing shortages and authorize the Mayor and City Clerk to execute the
agreement.
DISCUSSION:
Council Policy F-14 requires City Council approval for any contracts with former City of
Newport Beach (City) employees. The Police Department seeks to extend its hire of Anne
Donnelly on a limited basis effective July 1, 2023, 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. She has been working shifts in the Communications
Center on two consecutive one-year temporary employment agreements since
June 23, 2021. As a retired career dispatcher, Ms. Donnelly possesses the specialized
skills and knowledge necessary to perform the duties and responsibilities of a police
dispatcher, and can work the hours needed to cover current scheduling shortages.
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First Amendment to Temporary Employment Agreement
with Former Employee Anne Donnelly
June 27, 2023
Page 2
The Police Department anticipates several periods of reduced staffing availability over
the term of the amendment to the temporary employment agreement with Ms. Donnelly.
These staffing shortages result from three resignations, a planned retirement, FMLA
leaves, and lengthy mandatory training classes and cannot be filled with existing
employees on regular hours or overtime. The hiring process to fill positions is underway,
but will take at least 12 months before new employees are hired and trained to a required
level of proficiency.
The amendment to the Temporary Employment Agreement provides:
On July 1, 2023, the City will engage Ms. Donnelly at $43.74 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
$41,990.40.
2. She is not to be paid overtime or work overtime.
3. Ms. Donnelly's work with the Police Department will be of limited duration from July
1, 2023 to June 30, 2024.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this amendment to the 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 amendment
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 amendment will be offset by
personnel shortages 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, Division 6, 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 with Anne
Donnelly
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ATTACHMENT A
AMENDMENT NO. ONE TO POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH ANNE DONNELLY FOR POLICE DISPATCHER SERVICES
THIS AMENDMENT NO. ONE TO POST RETIREMENT TEMPORARY
EMPLOYMENT AGREEMENT ("Amendment No. One") is made and entered into as of
this 1st day of July, 2023 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and ANNE
DONNELY, ("Employee"), whose address is on file with the City, and is made with
reference to the following:
RECITALS
A. On June 28, 2022, City and Employee entered into a Post Retirement 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 June 30, 2024 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 July 1, 2023, and shall end
June 30, 2024, unless terminated earlier as provided herein."
2. COMPENSATION
Section 3.1.3 shall be added to the Agreement as follows:
Section 3.1.3 of the Agreement is amended as of July 1, 2023, to read as follows:
"Pay of Forty -Three Dollars and 74/100 ($43.74) 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.
$43.74 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]
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Joseph Cartwright
Police Chief
APPROVED AS TO FORM:
CITY ATTOR EY'S OFFICE
Date: 2 3
By:
-jWn C. orp we-
ity Attorne
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
by:
Noah Blom
Mayor
EMPLOYEE: Anne Donnelly
Date:
By:
Anne Donnelly
[END OF SIGNATURES]
Anne Donnelly
Page 2
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