HomeMy WebLinkAbout04 - Extension of Interim Police Chief EmploymentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
November 10, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager
949 - 644 -3000, dkiffcDnewportbeachca.4ov
Terri L. Cassidy J.D., Human Resources Director
949 - 644 -3303, tcassidv(anewportbeachca.gov
SUBJECT: Resolution 2009 -_ Requesting Approval from the California Public
Employees' Retirement System (CaIPERS) Board of Administration
to Extend the Employment of Interim Police Chief
ISSUE:
Shall the City Council adopt a Resolution requesting the California Public Employees'
Retirement System (CaIPERS) Board of Administration approve an extension of the
temporary employment of Interim Police Chief Robert Luman in accordance with
Government Code section 21221(h)?
RECOMMENDATION:
Staff recommends the following:
1. City Council adopt the Resolution requesting the employment extension per
Government Code section 21221(h) for Interim Police Chief Robert Luman to
expire no later than June 30, 2010.
2. Authorize the City Manager to renew the employment agreement between the
City of Newport Beach and Robert Luman complying with Government Code
section 21221(h).
DISCUSSION:
Government Code section 21221(h) permits the appointment of a retired member by the
governing body of a contracting CaIPERS agency to a position deemed by the
governing body to be of limited duration and requiring specialized skills or during an
emergency to prevent stoppage of public business. The appointments generally are
Extension of Interim Police Chief Employment
November 10, 2009
Page 2
used for, as in this situation, "Interim" positions pending recruitment of a permanent
appointment to fill the vacancy. Robert Luman retired from a CalPERS agency, City of
Redondo Beach, May 1, 2006. He was appointed Interim Police Chief of Newport
Beach on Friday, July 10, 2009 to temporarily fill the vacancy created by Chief John
Klein's retirement. Government Code section 21221(h) limits appointments to 960 hours
in a fiscal year. Staff anticipates Chief Luman will reach the 960 hours on or about
January 10, 2010. Government Code section 21221(h) permits the governing body to
request the CalPERS Board of Administration permit an extension of the retired
member's employment beyond the 960 hours but no more than twelve (12) months in
the position. Chief Luman's Interim employment contract with the City of Newport
Beach may, therefore, not extend beyond June 30, 2010.
Chief Luman was selected for the Interim appointment because of his distinguished
professional career which spans four decades and includes extensive experience
working in a large police department (Long Beach) and a medium department (Redondo
Beach). Since his appointment, Chief Luman has performed well in the leadership role
and established good relations with the Police Department, City staff and the community
members. Chief Luman has continued to develop community— oriented solutions to
public safety problems /challenges.
Earlier this year the Civil Service Board (CSB) commissioned an investigation into the
past police promotional processes. The confidential report was recently submitted to
the CSB for review and includes recommendations that will affect the police promotional
process and future development of leaders in the Newport Beach Police Department.
Chief Luman will face important decisions with respect to implementing changes to
make certain the process is impartial. The timing of the investigation report will not
permit Chief Luman to implement all the changes needed prior to January 10, 2010 . and
it is beneficial to have him remain to see these put into practice.
Chief Luman has done an outstanding job while working to develop employees and
increase morale within the Police Department. He has moved the department forward
and is continuing to build public confidence in our law enforcement service. Chief
Luman's continued employment will ensure a smooth transition period until a new Chief
is selected and takes office.
Environmental Review:
This is not a project under CEQA.
Public Notice:
Seventy -two hours notice has been given pursuant to the Brown Act. No further, notice
is legally required.
Extension of Interim Police Chief Employment
November 10, 2009
Page 3
Funding Availability:
Money is budgeted for a Chief of Police position in the department staffing for fiscal year
2009 -2010.
Alternatives:
The Council can choose to:
1. Adopt the Resolution as recommended.
2. Not adopt the Resolution and if so, the City will terminate the services of Robert
Luman; or
3. Ask questions and /or give direction for staff to develop further recommendations.
Submitted by:
Dave Kfff
City Manager
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Terri L. Cassidy, J.D.
Human Resources Director
Attachments: Resolution 2009 -_ (Exhibit A)
3
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH REQUESTING EMPLOYMENT EXTENSION PER GOVERNMENT
CODE SECTION 21221(H) (INTERIM POLICE CHIEF)
WHEREAS, Robert Luman, retired from the City of Redondo Beach in the
position of Police Chief on May 1, 2006; and
WHEREAS, the City of Newport Beach appointed Robert Luman to the
position of Interim Police Chief under Government Code section 21221(h), a
position deemed to be of limited duration and requiring specialized skill, effective
July 10, 2009; and
WHEREAS, Robert Luman is expected to reach his maximum 960 hours
this fiscal year on or about January 10, 2010; and
WHEREAS, the City anticipates the appointment of a new Police Chief in
June 2010.
WHEREAS, Robert Luman's expertise in the overall leadership and
management of a Police Department has been crucial in establishing good
relations with the Police Department, City staff and community members, and it is
beneficial to continue Robert Luman in this position for the remainder of the
transition period until the new chief arrives, and
WHEREAS, additional time is necessary to implement contemplated
changes desired by the City and undertaken by Robert Luman.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that the CalPERS Board of Administration be requested to
approve an extension in accordance with Government Code section 21221(h) for
the temporary employment of Robert Luman for a period not to exceed 960 hours
from January 10, 2010. An appointment made under this section of this
subdivision may not exceed a total of twelve (12) months.
ADOPTED on this 10" day of November, 2009.
EDWARD D. SELICH
Mayor
ATTEST:
LEILANI I. BROWN
City Clerk