HomeMy WebLinkAbout16 AUTHORIZING THE TEMPORARY POST-RETIREMENT EMPLOYMENT OF SHARON MCCANN AS POLICE RECORDS LEADDocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
AGENDA REPOR
MEETING DATE: NOVEMBER 7, 2023
TO
FROM
SUBJECT
SUMMARY
NICOLE BERNARD, ACTING CITY MANAGER
16
Agenda Item DS
Reviewed:
City Manager ^^DS
Finance Director J
DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
AUTHORIZING THE TEMPORARY POST -RETIREMENT EMPLOYMENT OF
SHARON MCCANN AS POLICE RECORDS LEAD
Adoption of the attached Resolution will authorize the City to employ Sharon McCann
on a temporary part-time basis in the retired annuitant position of Property and
Evidence Specialist sooner than 180 days after her retirement.
RECOMMENDATION
Adopt Resolution No. 23-51 authorizing the City to employ Sharon McCann on a
temporary part-time basis in the retired annuitant position of Police Records Lead
immediately after her retirement.
FISCAL IMPACT
Authorization of this position will result in a cost of approximately $37,000 on
an annualized basis. Funds to pay for this position are available within the Police
Department's budget for Fiscal Year 2023/24.
BACKGROUND AND DISCUSSION
Sharon McCann has honorably served the City of Tustin for over 25 years, working
her entire career in the Police Department's Records Unit, most recently as a
Police Records Lead. Ms. McCann will separate from full-time employment on
November 19, 2023 and retire from CalPERS effective November 20, 2023.
The Police Department would like Ms. McCann to return to work for the department on
a temporary part-time basis after her retirement from full-time employment in order
to supplement the work of the full-time staff assigned to the unit. With Ms.
McCann's pending retirement and other staffing turnover, the Records Unit will be at
60% staffing overall and down to 50% of its Lead positions while continuing to
operate on a 24/7 basis. Ms. McCann handles many of the most critical tasks of the
unit, however due to staffing shortages, there has been no opportunity for cross -
training amongst the remaining staff on these duties. Authorizing Ms. McCann to
continue to work part-time on a temporary basis would be a huge help to this
understaffed unit of the Police Department.
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
City Council Agenda Report
November 7, 2023
Authorizing the Temporary Post -Retirement Employment of Sharon McCann
Page 2
Individuals who have retired from CalPERS are referred to as "retired
annuitants". Pursuant to State law, retired annuitants are only permitted to work for
the City (or any CalPERS employer) without reinstating to active CalPERS
membership in very limited situations, and must meet specific requirements set forth
in Government Code sections 7522.56 and either 21221(h) or 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. The proposed retired annuitant appointment of Ms. McCann meets all of these
requirements.
Government Code section 7522.56 also generally requires a 180-day wait period
before a CalPERS retiree can be re-employed as a retired annuitant at a CaIPERS-
covered agency, unless the individual is re-employed as a sworn 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. Ms. McCann has submitted
paperwork to retire from the City on November 19, 2023, with her CalPERS
retirement beginning November 20, 2023. The Police Department has a critical need
for Ms. McCann's services immediately and has requested to re -hire her as a temporary
part-time employee effective November 20, 2023. Therefore, City Council
authorization is required in order to re-employ Ms. McCann as requested by the
Police Department.
By adopting Resolution No. 23-51, the City will be permitted to re-employ Ms. McCann
on a temporary part-time basis in the retired annuitant position of Police Records Lead,
effective November 20, 2023. As noted in the attached Resolution, the only
compensation Ms. McCann will receive is an hourly rate of $38.26 (Step G of Police
Records Lead) for any hours she works; she will receive no other employment benefits.
Ms. McCann will be limited to less than 960 hours per fiscal year in compliance with
CalPERS regulations, and will be employed at -will, so this assignment may be
terminated by the City at any time. The Police Department currently expects to employ
Ms. McCann in this temporary part-time position for a period of approximately one year,
while the City goes through the lengthy process of filling a number of vacant positions
(including Ms. McCann's soon -to -be vacant full-time position) and training employees.
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
City Council Agenda Report
November 7, 2023
Authorizing the Temporary Post -Retirement Employment of Sharon McCann
Page 3
DocuSigned by:
Director of Human Resources
Attachments:
1. City Council Resolution No. 23-51
2. Personnel Appointment Documents for Sharon McCann (Personnel Action Form
and CalPERS Retired Annuitant Compliance Checklist)
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
RESOLUTION NO. 23-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE POST -RETIREMENT EMPLOYMENT OF
SHARON MCCANN AS A POLICE RECORDS LEAD SOONER THAN 180 DAYS
AFTER RETIREMENT
WHEREAS, in compliance with Government Code section 7522.56 of the Public
Employees' Retirement Law, the City Council must provide CalPERS this certification
resolution when hiring a retiree before 180 days has passed since their retirement date;
and
WHEREAS, Sharon McCann, CalPERS ID 7778083494, will retire from the City of
Tustin in the position of Police Records Lead, effective November 20, 2023; and
WHEREAS, Government Code section 7522.56 requires that post -retirement
employment commence no earlier than 180 days after the retirement date, which is May
18, 2024 without this certification resolution; and
WHEREAS, Government Code 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 Sharon McCann certify that
Sharon McCann has not and will not receive a Golden Handshake or any other retirement -
related incentive; and
WHEREAS, the City Council hereby appoints Sharon McCann as an extra help
retired annuitant to perform the duties of a Police Records Lead for the City of Tustin
under Government Code section 21224, effective November 20, 2023; and
WHEREAS, the entire employment agreement, contract or appointment document
between Sharon McCann and the City of Tustin has been reviewed by this body and is
attached hereto; 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 for all
CalPERS employers; 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
Resolution 23-51
Page 1 of 3
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
WHEREAS, the maximum base salary for this position is $38.26 per hour and the
minimum base salary for this position is $28.42 per hour; and
WHEREAS, the hourly rate paid to Sharon McCann will be $38.26; and
WHEREAS, Sharon McCann 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
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies
the nature of the employment of Sharon McCann as described herein and detailed in the
attached personnel appointment documents and that this appointment is necessary to fill
the critically needed position of Police Records Lead for the City of Tustin by November
20, 2023 because the Records Unit is severely understaffed, current staff is not yet
sufficiently trained on critical tasks currently performed by Sharon McCann, and the 24/7
operations of this work unit require this position be filled by someone with the special
skills, experience, and organizational knowledge of Sharon McCann by November 20,
2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 7t" day of November 2023.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
�.,:,y
DA 'ff37KETgDIG,
City Attorney
Resolution 23-51
Page 2 of 3
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Erica Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
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. 23-51 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of November
2023, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Resolution 23-51
Page 3 of 3
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
EMPLOYEE INFORMATION
Employee Name Current Classification
Sharon McCann
Employee Number Department / Division Name & Code
00749 Police 5037
WORK SCHEDULE & WORK PERIOD
Work Schedule: FLSA Work Period: FLSA Work Period Beginning Day (Civilian):
❑ 9/80 ❑ 3/12.5 ❑ Sworn (28 days)
❑ 4/10 ❑ 5/8 ❑ Civilian (7 days) FLSA Work Period Beginning Time (Civilian):
Human Resources
Current Salary Step
$ / hour
Effective Date of Action
11 / 20 / 2023
Shift (9/80 only):
❑A ❑B
❑ 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):
PERSONNEL ACTION
® NEW HIRE
Classification: Police Records Lead
Salary: $ 38.26 / hour Step: G
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
Employment in this position is at -will and for a limited duration. No guarantees are made related to hours or longevity. Employment may be
terminated at any time, with or without cause. This position is subject to CalPERS retired annuitant guidelines, which include a maximum
hours per fiscal year of 960.
SIGNATURES
EmPoYee
by:Cam, n
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6DF5236D107546D
Supervisor / Division Manager
DocuS gned by:
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ASD335D73E07401
go a�tmezad
Signed by:
.S .
Date
Dir ct �°°°Sip.r of Human Resources
10/25/23
gnedby:
EFOM78B65D42B
Date
...
City Manager
10/25/23
by*
ED—Sign1d
S. wela,
Date
1848B2D99BU47A .
Human Resources Use Only
10/26/23
White Card: HRIS:
Date
10/25/23
Date
10/26/23
Verified:
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
1TY O
tisT1
EMPLOYEE INFORMATION
Name Classification Department
Sharon McCann Police Records Lead Police
Date of Appointment Estimated Length of Appointment
11/20/2023 1
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, 1 acknowledge that I am fully aware of CaIPERS' 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:
The retiree has specialized skills needed to perform work of limited duration
❑ The retiree is needed during an emerg ncy to prevent stoppage of public business
The retiree's employment will not exc ed 960 hours worked in a CalPERS fiscal year (July 1- June 30)
The retiree's rate of pay is not le s th n the minimum, nor more than the maximum, paid by the City to other
employees performing compa le uties, as listed on a publicly available pay schedule
The r�.§ e will not r eive a, got r benefit, ince tive, or ompensation in addition to the hourly pay rate
Signature Date �'a ,7 7
RETIREE ACKNOWLEDGEMENT A D CERTIFICATION
With my signature below, 1 acknowledge that I am fully aware of CaIPERS' 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:
I 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)
1 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
❑. 1 am needed during an emergency to prevent stoppage of public business
1 understand my employment will not exceed 960 hours worked in a CalPERS fiscal year (July 1 - June 30)
I 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
I am aware that my hours and wages will be reported to CalPERS via the myCalPERS system
Signature-g�"'� — — Date Id Jlaoa3