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HomeMy WebLinkAbout11 AUTHORIZING POST-RETIREMENT EMPLOYMENT OF ANDREA ALBIN DocuSign Envelope ID: F4A80259-0784-4876-8E5F-76D7A28699AD Agenda Item 11 Reviewed: ?'DS AGENDA REPORT City Manager Finance Director N/A MEETING DATE: JANUARY 19, 2021 TO: MATTHEW S. WEST, CITY MANAGER FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: AUTHORIZING THE TEMPORARY POST-RETIREMENT EMPLOYMENT OF ANDREA ALBIN AS PROPERTY AND EVIDENCE SPECIALIST SUMMARY Adoption of the attached Resolution will authorize the City to employ Andrea Albin on a temporary part-time basis in the retired annuitant position of Property and Evidence Specialist. RECOMMENDATION Adopt Resolution No. 21-05 authorizing the City to employ Andrea Albin on a temporary part-time basis in the retired annuitant position of Property and Evidence Specialist. FISCAL IMPACT Authorization of this position will result in a cost of approximately $14,300 for the remainder of Fiscal Year 2020-21 (approximately $34,300 on an annualized basis). Funds for this position are already included in the Police Department's operating budget for Fiscal Year 2020-21 , therefore no additional appropriation is necessary. BACKGROUND AND DISCUSSION Andrea Albin served the City of Tustin for over 20 years, primarily as a Property and Evidence Specialist, and ultimately as the Police Support Services Supervisor in charge of the Property and Evidence Unit. Ms. Albin separated from full-time employment on December 30, 2020 and retired from CalPERS effective December 31 , 2020. Due to the current staffing and workload of the Property and Evidence Unit, Ms. Albin's expertise is needed on a temporary basis to supplement the work of the full-time staff assigned to the unit (three Property and Evidence Specialists and one Police Support Services Supervisor). As a result of a number of recent personnel changes (i.e. retirements, separations, and promotions) each current member of the Property and Evidence Unit has less than two years of full-time experience working in that unit. The unit has a substantial workload and adding someone with Ms. Albin's skills on a temporary basis would be a huge asset to the Police Department. DocuSign Envelope ID: F4A80259-0784-4876-8E5F-76D7A28699AD City Council Agenda Report January 19, 2021 Authorizing the Temporary Post-Retirement Employment of Andrea Albin Page 2 Individuals who have retired from CalPERS are permitted to work for the City in a limited capacity in certain situations, subject to meeting specific requirements set forth in the Government Code (specifically sections 7522.56 and 21224). Among the requirements are the individual must have specialized skills that are needed to perform work of a limited duration, the individual's employment must be limited to less than 960 hours in a fiscal year, the individual's rate of pay must fall within the established salary range for individuals performing similar work, and the individual must not receive any other benefits or compensation besides an hourly wage. If authorized by the City Council, the City and Ms. Albin will meet these requirements for the temporary position she will serve supporting the Property and Evidence Unit. In this particular case, since Ms. Albin retired from CalPERS in December 2020, City Council authorization is required in order to employ Ms. Albin on February 1 , 2021 , as desired by the Police Department. As required by Government Code section 7522.56, a 180-day wait period is generally required before a CalPERS retiree can be re-employed at a CalPERS-covered agency, unless the individual is re-employed as a firefighter or peace officer. However, a CalPERS retiree may be re-employed as CalPERS retired annuitant before the expiration of a 180-day wait period if the governing body explicitly authorizes the need to fill the position sooner. By adopting Resolution No. 21-05, the City will be permitted to re-employ Ms. Albin on a temporary part-time basis in the retired annuitant position of Property and Evidence Specialist, effective February 1 , 2021 . As noted in the attached Resolution, the only compensation Ms. Albin will receive is an hourly rate of $35.22 (Step F for Property and Evidence Specialist) for any hours she works. Ms. Albin will be limited to less than 960 hours per fiscal year (to comply with CalPERS regulations) and will be employed at-will, so this assignment may be terminated by the City at any time. The Police Department's need for Ms. Albin's services is temporary, though a precise end date to the assignment is not known at this time. CD_)oc/uuSiigned by: V B71'9'SCE3'[3"J"4'E-4... Derick Yasuda Director of Human Resources Attachment'. 1 . City Council Resolution No. 21-05 2. Personnel Appointment Documents for Andrea Albin (Personnel Action Form and CalPERS Retired Annuitant Compliance Checklist) DocuSign Envelope ID: F4A80259-0784-4876-8E5F-76D7A28699AD RESOLUTION NO. 21-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE POST-RETIREMENT EMPLOYMENT OF ANDREA ALBIN AS PROPERTY AND EVIDENCE SPECIALIST SOONER THAN 180 DAYS AFTER RETIREMENT WHEREAS, in compliance with Government Code section 7522.56 the City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Andrea Albin, CalPERS ID 7270957027, retired from the City of Tustin in the position of Police Support Services Supervisor, effective December 31 , 2020; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 30, 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 City Council, the City of Tustin, and Andrea Albin certify that Andrea Albin has not and will not receive a Golden Handshake or any other retirement- related incentive; and WHEREAS, the City Council hereby appoints Andrea Albin as an extra help retired annuitant to perform the duties of Property and Evidence Specialist for the City of Tustin under Government Code section 21224, effective February 1 , 2021 ; and WHEREAS, the entire employment agreement, contract or appointment document between Andrea Albin and the City of Tustin 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 maximum base salary for this position is currently $35.22 per hour and the minimum base salary for this position is currently $27.47 per hour; and Resolution 21-05 Page 1 of 3 DocuSign Envelope ID: F4A80259-0784-4876-8E5F-76D7A28699AD WHEREAS, the hourly rate paid to Andrea Albin will be $35.22; and WHEREAS, Andrea Albin 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; and THEREFORE, BE IT RESOLVED THAT the City of Tustin hereby certifies the nature of the employment of Andrea Albin as described herein and detailed in the attached personnel appointment documents and that this appointment is necessary to fill the critically needed position of Property and Evidence Specialist for the City of Tustin by February 1 , 2021 because the current workload demands of the Property and Evidence Unit require this position be filled by someone with the special skills, experience, and organizational knowledge of Andrea Albin by the listed date. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 19th day of January 2021 . LETITIA CLARK Mayor ATTEST: ERICA N. YASUDA City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Resolution 21-05 Page 2 of 3 DocuSign Envelope ID: F4A80259-0784-4876-8E5F-76D7A28699AD California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 21-05 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of January 2021 , by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Resolution 21-05 Page 3 of 3 DocuSign Envelope ID: F4A80259-0784-4878-8E5F-76D7A28699AD Personnel Action • Human Resources EMPLOYEE INFORMATION Employee Name Current Classification Current Salary Step Andrea Albin $ /hour Employee Number Department/Division Name&Code Effective Date of Action 859 Police 5037 02/01/2021 WORK SCHEDULE&WORK PERIOD Work Schedule: FLSA Work Period: FLSA Work Period Beginning Day(Civilian): Shift(9/80 only): ❑9/80 ❑3/12.5 ❑Sworn(28 days) ❑A ❑ B ❑4/10 ❑5/8 ❑Civilian (7 days) FLSA Work Period Beginning Time(Civilian): ❑Other PROBATIONARY PERIOD(COMPLETE FOR PROBATIONARY EMPLOYEES ONLY) Type: ❑Original Length: ❑12 months Status: ❑Beginning ❑In Progress ❑ Passed ❑ Promotional ❑18 months ❑Extend(specify): ® None(At-will) ❑Other(specify): PERSONNELACTION ®NEW HIRE Classification:Property and Evidence Specialist Salary:$35.22 /hour Step:F Status: ❑ Full-time ❑Part-time Benefitted ® Part-time Non-benefitted(Hourly/At-will) ❑Temporary(At-will) ❑Other At-will(specify): ❑PROMOTION/ New Classification: Salary:$ /hour Step: ❑DEMOTION Status: ❑ Full-time ❑Part-time Benefitted ❑Part-time Non-benefitted(Hourly/At-will) New Department/Division Name&Code(if applicable): ❑RECLASSIFICATION New Classification: Salary:$ /hour Step: Status: ❑ Full-time ❑Part-time Benefitted ❑Part-time Non-benefitted(Hourly/At-will) ❑TRANSFER New Department/Division Name&Code(if applicable): ❑ACTING APPOINTMENT Acting Classification: Action: ❑Start ❑Stop ❑MERIT INCREASE New Salary:$ /hour Step: Next Review Date: ❑OTHER COMPENSATION Action: ❑Start Type: ❑ Bilingual ❑Education Incentive ❑Certification ❑Stop ❑Career Officer ❑Special Assignment ❑Training ❑ Uniform ❑Shift Differential ❑Auto Allowance ❑Other(specify): ❑EVALUATION ONLY Type: ❑6 mo. ❑Annual ❑18 mo. ❑PIP ❑Other Next Review Date: ❑WORK SCH/PER CHANGE ONLY Complete the above Work Schedule&Work Period section ❑SEPARATION Type: ❑ Resignation ❑Service retirement ❑Failed probation Eligible for Rehire: ❑ Discharge ❑ Disability retirement ❑Yes ❑No COMMENTS Retired Annuitant SIGNATURES Emppoyese Date Director of Human Resources Date U0 u igned by: Luocusigne(,,by: 01/09/21 f o1/os/21 Manager Date 594E4... Date DocuSigned by: DocuSigned by: Las 01/09/21War01/09/21 D 910114e l Date rq;,q..Use Only DocuSigned by: 01/09/21 White Card: HRIS: Verified: .S CA75C54279BD466... DocuSign Envelope ID: F4A80259-0784-4878-8E5F-76D7A28699AD CalPERS Retired Annuitant Compliance Checklist Human Resources EMPLOYEE INFORMATION Name Classification Department Andrea L Albin Property& Evidence Specialist Tustin Police Department Date of Appointment Estimated Length of Appointment 2/01/2021 Two years CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT LAW(PERL) Under California state law, an individual who is receiving CalPERS retirement benefits is generally prohibited from working for a CalPERS employer unless that individual reinstates to active CalPERS membership. However, an individual may lawfully work for a CalPERS employer as a "retired annuitant" without reinstatement under certain specified circumstances as specified in the PERL (see Government Code Sections 21221, 21224, 7522.56, and 586.2). Consequences of unlawful employment may include a) reimbursement to CalPERS for any retirement allowance received during the period of employment that is in violation of the law, b) retroactive payment to CalPERS for all member and employer contributions for the period of unlawful employment, plus interest, and c) reimbursement to CalPERS for administrative expenses. DEPARTMENT HEAD ACKNOWLEDGEMENT AND CERTIFICATION With my signature below, i acknowledge that 1 am fully aware of ColPERS' regulations on employment after retirement and the consequences to the employee and the City of unlawful employment. Check the box for each item that applies: ba'The retiree has specialized skills needed to perform work of limited duration ❑ The retiree is needed during an emergency to prevent stoppage of public business []'The retiree's employment will not exceed 960 hours worked in a CalPERS fiscal year(July 1 -June 30) Pr The retiree's rate of pay is not less than the minimum, nor more than the maximum, paid by the City to other employees performing comparable duties, as listed on a publicly available pay schedule [Er The retiree will not receive any other benefit, incentive, or compensation in addition to the hourly pay rate Signature Date �/I DocuSignedb . 12/21/20 (bU t f C-*t,t I j,)t r0 RETI tAM6WLEDGEMENT AND CERTIFICATION With my signature below, I acknowledge that 1 am fully aware of CoIPERS' regulations on employment after retirement and the consequences to the employee and the City of unlawful employment. k the box for each item that applies: Ch will not be working for any other CalPERS-covered employer during my appointment to this position ❑ I retired more than 180 days prior to my appointment to this position I am at or above the normal service retirement age (the highest formula age applicable to my retirement) [� I have not received unemployment benefits for work as a retired annuitant within 12 months of appointment [� I have specialized skills needed to perform work of limited duration ❑ I am needed during an emergency to prevent stoppage of public business I understand my employment will not exceed 960 hours worked in a CalPERS fiscal year(July 1 -June 30) P111I acknowledge that my rate of pay is not less than the minimum, nor more than the maximum, paid by the City to other employees performing comparable duties, as listed on a publicly available pay schedule [' I accept that I will not receive any other benefit, incentive, or compensation in addition to the hourly pay rate a I am aware that my hours and wages will be reported to CalPERS via the myCaIPERS system Signature Date ^A W=//,Z6 (a i'1( h. p , �o�t vv fro' -14.� !'� W1av-.