HomeMy WebLinkAboutStaff Report 450-10TO: HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER DEPARTMENT: POLICE and
FIRE
DECEMBER 13, 2010 CMR:450:10
REPORT TYPE: CONSENT
SUBJECT:
Adoption of Two Resolutions Requesting Extension of Employment from
the Ca1PERS Board of Administration Pursuant to Government Code
21221(h) for an Hourly Police Management Specialist working as a
Property Evidence Technician and an Hourly Fire Department
Management Specialist Working as a Deputy Fire Chief
RECOMMENDATIONS
Staff recommends the City Council approve the attached resolutions to make a request to the Ca1PERS
Board of Administration to approve an extension of the 960 -hour PERS retiree work limit for hourly
employees Bradley Herran of the Police Department and Judy Jewell of the Fire Department in
accordance with Government Code 21221(11). The requested extensions are for an additional 800 hours
for each employee through July 1, 2011.
BACKGROUND
Since 1990, the Police Department's Property and Evidence Room has been staffed by two, full-time
employees. In November 2009, one of the employees, Bradley Herran, unexpectedly retired from the
City but agreed to come back as an hourly employee. That permanent position was left vacant for the
remainder of the fiscal year to assist with budgetary constraints. On June 1, 2010, the remaining
permanent employee unexpectedly retired from the City. Because of the second retirement, Bradley
Herran has been working nearly full time, with the assistance of a detective, to keep the Property and
Evidence Room operational. During this fiscal year, the Police Department has done three hiring
processes searching for an experienced candidate. The Police Department hired a permanent employee
on November 9, 2010. The second position is still open and the recruiting challenges continue.
The Fire Department has three full-time Deputy Fire Chiefs (Operations, Support Services and Fire
Marshal) in the organizational structure, and two are currently vacant. The City is currently without a
Fire Chief and the two vacant Deputy Fire Chief positions might not be filled until a new full-time Fire
CMR:450:10 Page 1 of 4
Chief is hired and can select the management staff. Judy Jewell has agreed to work as an hourly to keep
the projects and operations of the Fire Department operating efficiently and without disruption.
State law limits PERS retirees from working more than 960 hours per fiscal year with a Ca1PERS
agency. However, Government Code Section 21221(h) provides an exception to this limitation,
allowing employers to request an extension for retiree employment for a limited duration where
specialized skills are needed. If the Ca1PERS Board of Administration approves the City's request,
these retirees will be permitted to continue working for the City for up to 800 hours through July 1,
2011.
DISCUSSION
The Police Department currently has one hourly employee running the Property and Evidence Room
which has traditionally been staffed by two, full-time employees. Bradley Herran has been working
full-time as an hourly employee since the beginning of the fiscal year and is close to exhausting his 960
hours. Because of hiring challenges, the Police Department did not find a suitable replacement for the
first full-time position until November 9, 2010. The Department is actively in the recruitment process
to fill the second position.
The Property Evidence Technician position is a position that requires unique skills, training and
experience. Bradley Herran has 25 years of experience as a Property Evidence Technician. He is a
certified expert in fingerprint and forensic analysis and processing. He has vast experience in crime
scene photography and reconstruction. Aside from this knowledge, he has exclusive knowledge of the
day to day operations of the Property and Evidence Room. He also has knowledge of the new bar
coding and report writing system that will have significant implications on how evidence is processed
and documented. Bradley Herran has agreed to stay as long as needed to train the newly hired Property
Evidence Technicians.
Bradley Herran is expected to reach his maximum of 960 hours this fiscal year on or about January 15,
2011 and the disruption of his duties would cause significant issues with the operations of the Property
and Evidence Room. There are no other employees within the Police Department capable of training
the new employees in a satisfactory manner.
The Deputy Fire Chief of Support Services oversees the Fire Department functions of training,
personnel recruitment and selection, facilities and Office of Emergency Services (OES). The Deputy
Chief also may serve as Acting Fire Chief in the absence of the Chief. The management skills and
experience that are required for this position are unique. During this transitional period in the Fire
Department, these duties can not be easily transferred to someone who does not possess the experience
and knowledge of the day to day management of the Fire Department. Judy Jewell has over 23 years of
experience and expertise as a Fire Officer and is a former Palo alto Fire Deputy Chief. She has been
certified by the California State Fire Marshal as a Fire Officer and Chief Officer; and National Fire
CMR:450:10 Page 2 of 4
Academy certified Executive Fire Officer.
Judy Jewell is expected to reach her maximum of 960 hours this fiscal year on or about January 15,
2011 and the disruption of her duties would cause undue hardship to the Fire Department. The
additional 800 hours will assure that Fire Department Management staff remains intact at the highest
levels while under the leadership of the Interim Director of Public Safety.
RESOURCE IMPACT
Staff estimates that a $22,000 cost for extending Bradley Henan a maximum of 800 hours over the 960
hour limit in the Police Department and $60,000 for extending Judy Jewell 800 hours over the 960 hour
limit in the Fire Department.
The Police Department will use regular salary savings from a Property Evidence Technician position
that has been vacant since July 1, 2010; accumulated salary savings for this position amounts to
$22,000. The Fire Department will use salary savings from the Deputy Fire Chief position. The
Department does not intend to fill this position by the end of the year; total annual salary savings
attributed to the Deputy Fire Chief position amounts to $126,000.
POLICY IMPLICATIONS
The City observes the 960 -hour limit for hourly employment of retirees and has rarely requested
extensions; however, these exemptions, if approved, are permissible under PERS law and will allow for
continuation of two critical services during this unique transitional time.
ENVIRONMENTAL ASSESSMENT
This report is not a project requiring review under the California Environmental Quality Act (CEQA).
CMR:450:10 Page 3 of 4
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
BOB BEACOM
' drL—'
Police Captain
Deputy Fire Chief
44741- A/4i_
DENNIS BURNS
Police Chief
CMR:450:1O Page 4 of 4
* NOT YET APPROVED *
Resolution No.
Resolution of the Council of the City of Palo Alto Requesting
Extension of Employment from the Ca1PERS Board of
Administration Pursuant to Government Code 21221(h)
for Bradley Herran
WHEREAS, Bradley Herran ("Henan") retired from the City of Palo Alto ("City")
in the position of Property Evidence Technician, effective November 20, 2009; and
WHEREAS, the City appointed Herran to the position of Hourly Police Management
Specialist, assigned to the Property and Evidence Room of the City's Police Department under
Government Code section 21221(h), a position deemed to be of limited duration and requiring
specialized skills, effective January 19, 2010; and
WHEREAS, Herran is expected to reach his maximum of 960 hours this fiscal year
on or about January 15, 2011; and
WHEREAS, since 1990 the Police Department's Property and Evidence Room has
been staffed by two full time employees. Following Herran's retirement in 2009, the other
employee unexpectedly retired in June 2010. Since that time, the Police Department has
conducted three hiring processes and Herran has been working nearly full time with the
assistance of a detective to keep the Room operational. The Department hired a permanent
employee in November 2010 but the second position is still open and recruiting challenges
continue. Disruption of Herran's duties at this time would cause significant issues with the
important police operations of the Property and Evidence Room; and
WHEREAS, the Property Evidence Technician position requires unique skills and
experience which Herran possesses, including fingerprint and forensic analysis and processing,
crime scene photography and reconstruction, and the bar coding and report writing system that
the City uses to process and document evidence.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as
follows:
SECTION 1. The Council of the City of Palo Alto hereby requests that the
Ca1PERS Board of Administration be requested to approve an extension in accordance with
Government Code section 21221(h) for the temporary employment of Bradley Herran for 800
additional hours through July 1, 2011. An appointment made under this subsection may not
exceed a total of 12 months.
11
1/
101202 sh 8261489 1
* NOT YET APPROVED *
SECTION 2. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Sr. Assistant City Attorney City Manager
Director of Human Resources
Director of Administrative Services
101202 sh 8261489 2
* NOT YET APPROVED *
Resolution No.
Resolution of the Council of the City of Palo Alto Requesting
Extension of Employment from the Ca1PERS Board of
Administration Pursuant to Government Code 21221(h)
for Judy Jewell
WHEREAS, Judy Jewell ("Jewell") retired from the City of Palo Alto ("City") in the
position of Deputy Fire Chief, effective December 23, 2004; and
WHEREAS, the City appointed Jewell to the position of Hourly Fire Department
Management Specialist assigned to perform Deputy Fire Chief duties under Government Code
section 21221(h), a position deemed to be of limited duration and requiring specialized skills,
effective November 16, 2009; and
WHEREAS, Jewell is expected to reach her maximum of 960 hours this fiscal year
on or about January 15, 2011; and
WHEREAS, the Fire Department has three full-time Deputy Fire Chief positions
(assigned to Operations, Support Services, and Fire Marshal) in its organizational structure,
reporting to the Fire Chief. The Fire Chief position and two of the Deputy Chief positions are
currently vacant pending hiring of a new full-time fire chief. The Deputy Chief duties include
require fire training, personnel recruitment and selection, and management of fire -related
facilities and the City's emergency services that require specialized fire knowledge and
department management skills, and cannot be easily transferred to someone who does not
possess the experience and knowledge of day to day fire operations; and
WHEREAS, Jewell has over 23 years of experience and expertise as a fire officer
and manager, including Fire Officer and Chief Officer certification from the state Fire Marshal
and Executive Fire Officer Certification from the National Fire Academy.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as
follows:
SECTION 1. The Council of the City of Palo Alto hereby requests that the
Ca1PERS Board of Administration be .requested to approve an extension in accordance with
Government Code section 21221(h) for the temporary employment of Judy Jewell for 800
additional hours through July 1, 2011. An appointment made under this subsection may not
exceed a total of 12 months.
101202 s 8261490 1
* NOT YET APPROVED *
SECTION 2. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Sr. Deputy City Attorney City Manager
Director of Human Resources
Director of Administrative Services
101202 s 8261490 2