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Home My WebLink AboutAgenda Report - September 1, 2021 H-02AGENDA ITEM H,,Z if CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving the Exception to the 180 -day Waiting Period for Appointing a Retired Annuitant to Conduct Background Investigations in the Police Department MEETING DATE: September 1, 2021 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolution approving the exception to the 180 -day waiting period for appointing a retired annuitant to conduct background investigations in the Police Department. BACKGROUND INFORMATION: The City of Lodi is a member of California Public Employee's Retirement System (PERS); as such the City must comply with the Government Code which sets forth post-retirement employment requirements which are applicable to all retirees. The Government Code provides specific criteria for hiring qualified annuitants. With the passage of Public Employees' Pension Reform Act of 2013 (PEPRA), all retirees must serve a 180 -day waiting period before they can be hired as an annuitant. Section 7522.56(f) (1) of the Government Code provides for the following exception to the 180 -day waiting period: The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 980 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. The Police Department will be hiring ten to twelve new employees in the next six to twelve months. Background investigations will need to be conducted on each final applicant which takes on average six weeks to complete. The background investigations must follow the Peace Officer Standards and Training (POST) guidelines and the background investigators must be properly trained by POST to conduct the investigations. The current staffing levels are insufficient to conduct the quantity of background investigations in order to fill the anticipated vacancies. The City proposes to hire Steven Nelson, as a retired annuitant, to help conduct the background investigations and to expedite the hiring process. Mr. Nelson retired from his position as Police Captain on May 5, 2021. Mr. Nelson has received the required POST training to conduct background investigations pursuant to POST guidelines. If approved, Mr. Nelson would be hired as a part-time Police Officer retired annuitant and will provide the critical assistance to complete the background investigations. Mr. Nelson would be paid at the Police Officer rate of $40.73 per hour and not at the Police Captain rate and shall be limited to no more than 960 hours in the fiscal year. It is anticipated that this assignment will last between eighteen and twenty-four months depending on how quickly the vacancies can be filled_ Staff requests that Council approve the resolution approving the exception to the 180 -day waiting period and appoint Steven Nelson as a retired annuitant in the position of part-time Police Officer, effective September 7, 2021. IG1J1:t�l�Ia� '- Stephen Schwabauer, City Manager FISCAL IMPACT: This position will cost $40.73 per hour not to exceed 960 hours per fiscal year FUNDING AVAILABLE: Funding from 10031004.71003 within the Police Department Adele Post, Human Resources Manager Ojrve�� X Andrew Keys, Deputy City Managedlnternal Services Director RESOLUTION NO. 2021-252 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING EXCEPTION TO THE 180 -DAY WAIT PERIOD FOR RETIRED ANNUITANT WHEREAS, in compliance with Government Code section 7522.56, the City of Lodi must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Steven Nelson, CalPERS ID 4864561950, retired from the City of Lodi in the position of Police Captain, effective May 14, 2021; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is November 10, 2021, without this certification resolution; and WHEREAS, section 7522.56 provides that this exception to the 180 -day wait period shall not apply if the retiree accepts any retirement -related incentive; and WHEREAS, the Lodi City Council, the City of Lodi, and Steven Nelson certify that Steven Nelson has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, the Lodi City Council hereby appoints Steven Nelson as an extra help retired annuitant to perform the duties of a part-time Police Officer for the City of Lodi under Government Code section 21224, effective September 7, 2021; and WHEREAS, the entire employment agreement, contract or appointment document between Steven Nelson and the City of Lodi has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the minimum monthly base salary for this position is $7,061.11 and the hourly equivalent is $40.73, and the maximum monthly base salary for this position is $8,582.83 and the hourly equivalent is $49.51; and WHEREAS, the hourly rate paid to Steven Nelson will be $40.73; and WHEREAS, Steven Nelson has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. NOW THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby certify the nature of the appointment of Steven Nelson as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to perform background investigations to fill critically -needed Police Officer positions within the Police Department. Dated: September 1, 2021 ------------ --- ------ ----------- I hereby certify that Resolution No. 2021-252 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 1, 2021, by the following vote: AYES. COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIF CUSMIR City Cler 2021-252 CITY COUNCIL ALAN NAKANISHI, Mayor MARK CHANDLER, Mayor Pro Tempore MIKEY HOTHI SHAK KHAN DOUG KUEHNE September 1, 2021 Mr. Steven Nelson Mr. Nelson: CITY OF LODI 2015 "Wine Region of the Year" HUMAN RESOURCES, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerkCcDlodi.gov STEPHEN SCHWABAUER City Manager JENNIFER CUSMIR City Clerk JANICE D. MAGDICH City Attorney This letter is to officially offer you employment as a retired annuitant part-time Police Officer with the City of Lodi. This is a short-term assignment to conduct background investigations for Police Officer applicants, pursuant to POST guidelines. Your hourly rate of pay will be $40.73. Retired annuitants are restricted in the number of hours they can work for a CalPERS agency and shall be limited to 960 hours per fiscal year. Sincerely, Adele Post Human Resources Manager Cc: Sierra Brucia, Police Chief