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HomeMy WebLinkAbout03 - Police Chief Continued Employment Waiver from PERSCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 October 10, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Manager Homer L. Bludau, City Manager 949 - 644 -3000, hbludau @city.newport- beach.ca.us SUBJECT: CONTINUED EMPLOYMENT WAIVER FROM PERS FOR POLICE CHIEF RECOMMENDATION: Adopt the attached Resolution to the California Public Employees Retirement System (CaIPERS) as required by law to allow Chief McDonell to continue his employment with the City until June 30, 2007, at which time he will leave the service of Newport Beach. BACKGROUND: The City has been aware of Chief McDonell's intent to complete his employment with the Police Department in the. near future and we have been preparing the Department for his departure. He has been working under an employment agreement and, in order to complete the transition plan envisioned, the City must seek a waiver from PERS as specified in Government Code Section 21221(h) to allow his continued employment as outlined. The waiver must be submitted within 60 days of the expiration of the current 960 hour work period in this fiscal year (by November 1, 2006) and according to the statute, "the appointment shall be deemed approved if the Board fails to take action within 60 days of receiving the request." There have been.numerous changes in staffing occurring in the Department over the last couple of years, with all three Division Commanders having considerably less than two years of experience at their current rank as of the date of this Communication (19 months, 13 months and 5 months). By allowing Chief McDonell to continue his service through the waiver period, it will allow those mentioned and others in newly promoted positions throughout the Department to gain the necessary experience to insure a smooth transition upon the Chiefs departure. In addition to his Department responsibilities, Chief McDonell also currently serves as the Chairman of the Airborne Law Enforcement (ABLE) Joint Powers Authority. As Council is aware, the program is an extremely important component of both the Costa Mesa and Newport Beach Police Departments' operations. In addition, it serves the Continued Employment Waiver from PERS October 10, 2006 Page 2 Santa Ana Police Department and the Orange County Sheriffs Department under contract. The Chairman of the JPA Governance Board is alternated each year between the Costa Mesa Police Chief and the Newport Beach Police Chief. Currently, the Costa Mesa Police Department is being served by an Interim Police Chief who is scheduled to be replaced by a permanently appointed Chief in the November time frame. It would be important for us to continue to have Chief McDonell's services to guide the ABLE JPA until the new Costa Mesa Chief becomes acclimated to his new responsibilities. Complicating matters further, the ABLE Bureau Commander is scheduled to retire on or about April 1, 2007, which will necessitate continuity.at the Governance level until new leadership is oriented at the Bureau level. Chief McDonell has also recently been elected to serve as the Chairman of the Integrated Law & Justice Agency of Orange County (ILJAOC), a second newly created JPA comprised of all 21 municipal cities, along with the Superior Court of Orange County. The Agency was formed after a five year effort to formalize the governance of the Integrated Law & Justice Steering Committee, comprised of representatives of the entire Criminal Justice System in Orange County that has existed for the past 9 years under the Chiefs leadership. The JPA is currently involved in a multi - million dollar project to complete one of their Strategic Initiatives involving information- sharing of information from the records systems of all 21 municipal police departments in the County. This project is scheduled for completion by the first part of 2007. In addition, the JPA is underway with a second multi- million dollar Strategic Initiative involving the electronic filing of all criminal case documents by all law enforcement agencies in the County into the District Attorney's Office and, ultimately, the Courts in Orange. County. The award of a consulting contract to begin the latter project is scheduled for approximately December, and the implementation of the project should be fully engaged by January 1, 2007. The JPA will also be undertaking their first budget development process in the Spring of next year and will rely on the Chiefs historical guidance to insure the Agency begins its formal operation on a sound footing. For all these reasons, as. well as for the ongoing guidance Chief McDonell has provided this City on Police related matters for the past thirteen years, and continues to provide, the importance of obtaining this one -time continued employment waiver should be clear and is very necessary. Submitted by: 2 ,4 xlu-r� Homer L. Bludau City Manager Attachment: Resolution RESOLUTION NO. 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING APPROVAL FROM THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO APPROVE A AN EXTENSION OF TEMPORARY EMPLOYMENT FOR CHIEF BOB MCDONELL . WHEREAS, Bob McDonell is serving as the Police Chief for the City of Newport Beach under a temporary agreement for a limited duration; and WHEREAS, Chief McDonell is a retired member of the California Public Employees' Retirement System (CaIPERS) and, with certain exceptions, is permitted to serve for not more than 960 hours for any PERS covered employer in any Fiscal Year without reinstatement from retirement or loss or interruption of benefits; and WHEREAS, the Newport Beach Police Department has undergone unprecedented turnover of supervisory and management personnel over the last several years with more planned in the next several months, including the top Command of the Department who have been in their current capacities for considerably less than two years; and WHEREAS the City Council desires Chief McDonell to remain in command of the Department through June 30, 2007 in order to effect the planned transition for his replacement and continue the development of internal candidates for the selection of a successor Police Chief; and WHEREAS Chief McDonell is also serving as the Chairman of two Joint Powers Authorities (JPA's): one for joint helicopter operations in the region and another just formed after a five year struggle to bring about governance involving 21 municipalities and the Superior Court of the County of Orange, formed to effect greater efficiencies in the Criminal Justice System; and WHEREAS both JPA's are at critical stages in their development based upon the composition of the existing governance leadership and the scope of two multi - million dollar projects underway requiring Chief McDonell's leadership, specialized skills and experience for an additional six months, which would be permitted during this waiver period; and WHEREAS Government Code 21221(h) provides that under such circumstances, the Governing Body of the jurisdiction involved may request approval from the CaIPERS Board of Administration to extend such temporary employment of the retired annuitant involved. 61 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, that the City Manager transmit this Resolution to the Board of Administration by November 1, 2006, requesting approval of the extension of Chief McDonell's temporary employment as required by the Government Code: ADOPTED this Don Webb, Mayor ATTEST: LaVonne Harkless, City Clerk day of 2006.