HomeMy WebLinkAbout13 APPROVING THE APPOINTMENT OF STUART A. GREENBERG AS INTERIM POLICE CHIEFDocusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item 13
Initial
AGENDA REPORT Reviewed: a`L�
City Manager
Finance Director 9�
NOVEMBER 19, 2024
ALDO E. SCHINDLER, CITY MANAGER
DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
APPROVING THE APPOINTMENT OF STUART A. GREENBERG AS
INTERIM POLICE CHIEF
Adoption of the attached Resolution will approve the City Manager's appointment of Stuart A.
Greenberg to the retired annuitant position of Interim Police Chief upon his retirement as the
City's full-time Police Chief until a new permanent Police Chief begins employment with the City.
RECOMMENDATION:
Adopt Resolution No. 24-81 approving the City Manager's appointment of Stuart A. Greenberg
to the retired annuitant position of Interim Police Chief.
FISCAL IMPACT:
Authorization of this Interim Police Chief position will result in an estimated cost of up to $18,000
per month, which will be funded from the Police Department's vacancy savings. No additional
budget appropriation is requested.
CORRELATION TO THE STRATEGIC PLAN:
This item correlates to Goal A (Public Safety and Protection of Assets) by enabling the City to
temporarily retain Chief Greenberg after his retirement to ensure a seamless transition until a
new Police Chief is hired.
BACKGROUND AND DISCUSSION:
Stuart A. Greenberg began his employment as the City's Police Chief on November 29, 2018.
After more than six years honorably serving the City, Chief Greenberg has notified the City of
his plans to retire from full-time employment upon the expiration of his employment agreement,
with December 27, 2024 as his last day of full-time employment with the City and a CaIPERS
retirement date of December 28, 2024.
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
City Council Agenda Report
Approving the Appointment of Stuart A. Greenberg as Interim Police Chief
November 19, 2024
Page 2
The City has a critical and time -sensitive need for Chief Greenberg to return to work for the City
on a temporary part-time basis after his retirement from full-time employment. The City is
currently in the process of recruiting for a new permanent Police Chief, however we anticipate
that there will be a gap of approximately three months between Chief Greenberg's retirement
from full-time employment and the start date of a new permanent Police Chief. In this interim
period, the City needs a qualified individual to continue to serve as Police Chief to plan, direct,
and coordinate the activities of the Tustin Police Department. Chief Greenberg has graciously
agreed to assist the City by taking on the Interim Police Chief role and working in a part-time
capacity after his retirement in order to ensure continuity in providing essential police services
to the community.
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-covered
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, the individual must have specialized skills that are needed
to perform work of a limited duration, the individual's employment must be limited to 960 hours
or less in a fiscal year, and the individual must not receive any other benefits or compensation
besides an hourly wage. Since this particular appointment is for an interim vacant position, the
City must also have an active recruitment for the permanent position in place before the
individual is hired, the individual hired for the interim appointment can only be employed until the
end of the recruitment period, the individual can only be appointed once to the interim vacant
position, and the individual's hourly rate of pay must fall within the salary range of the vacant
position, as listed on the City's publicly available salary schedule. Finally, even though all
Department Heads and other staff positions are appointed by the City Manager, Government
Code section 21221(h) requires that the City Council expressly authorize the appointment of a
retired annuitant to an interim vacant position.
The proposed retired annuitant appointment of Chief Greenberg to Interim Police Chief meets
all applicable Government Code requirements, as noted above. By adopting Resolution No. 24-
81, the City Councill will expressly approve the retired annuitant appointment of Chief Greenberg
as Interim Police Chief on December 28, 2024. The only compensation Chief Greenberg will
receive is an hourly salary for any hours he works, at a rate pay within the publicly available
salary range for the classification of Police Chief; he will receive no other compensation or
benefits from the City. The City expects to employ Chief Greenberg as Interim Police Chief for
approximately three months, or until the day before a new permanent Police Chief begins their
employment with the City. Chief Greenberg's employment will end no later than June 30, 2025
and he will not exceed 960 hours worked in a fiscal year. Chief Greenberg may only be appointed
once to the Interim Police Chief position, so this appointment will not be extended in the future.
Derick Yasuda
Director of Human Resources
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
City Council Agenda Report
Approving the Appointment of Stuart A. Greenberg as Interim Police Chief
November 19, 2024
Page 3
Attachment:
1. City Council Resolution No. 24-81
2. Personnel Appointment Documents for Stuart A. Greenberg (Personnel Action Form
and CaIPERS Retired Annuitant Compliance Checklist)
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
RESOLUTION NO. 24-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE APPOINTMENT OF STUART A. GREENBERG
AS INTERIM POLICE CHIEF AS A RETIRED ANNUITANT PURSUANT TO
GOVERNMENT CODE SECTION 21221(H)
WHEREAS, Government Code section 21221(h) of the Public Employees'
Retirement Law permits a governing body to appoint a CalPERS retiree to a vacant
position requiring specialized skills during the recruitment for a permanent appointment,
and provides that such appointment will not subject the retired person to reinstatement
from retirement or loss of benefits so long as it is a single appointment that does not
exceed 960 hours in a fiscal year; and
WHEREAS, the City Council desires to expressly authorize the City Manager to
appoint Stuart A. Greenberg as an interim appointment retired annuitant to the vacant
position of Police Chief for the City of Tustin pursuant to Government Code section
21221(h), effective December 28, 2024; and
WHEREAS, the City Council, the City of Tustin, and Stuart A. Greenberg certify
that Stuart A. Greenberg has not and will not receive a Golden Handshake or any other
retirement -related incentive; and
WHEREAS, an appointment under Government Code section 21221(h) requires
the retiree is appointed to the interim appointment during a recruitment for a permanent
appointment; and
WHEREAS, the City of Tustin has retained an executive recruiter to conduct a
recruitment for a permanent Police Chief that will open prior to December 28, 2024; and
WHEREAS, this Government Code section 21221(h) appointment shall only be
made once and therefore will end no later than the day prior to the start date of the new
permanent Police Chief, which is anticipated to be in early 2025, after the conclusion of
the recruitment process, or June 30, 2025, whichever occurs earlier; and
WHEREAS, the appointment documents between Stuart A. Greenberg and the
City of Tustin have been reviewed by this body and are attached herein; 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 base salary for this position is currently $101.47 per hour
and the maximum base salary for this position is currently $136.60 per hour; and
Resolution 24-81
Page 1 of 3
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
WHEREAS, the hourly rate paid to Stuart A. Greenberg will be $136.60 per hour;
and
WHEREAS, Stuart A. Greenberg 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 Stuart A. Greenberg as described herein and detailed in
the attached appointment documents and that this appointment is necessary to fill the
critically needed position of Police Chief for the City of Tustin effective December 28,
2024 because the City of Tustin needs a Police Chief to perform the functions and duties
as the department head of the municipal police department, which includes planning,
directing, and coordinating activities of the Police Department and implementing policies
and establishing procedures related to crime prevention, law enforcement, and related
community services.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 19t" day of November 2024.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
7 Z1179
DA $ff?KEr4DIG,
City Attorney
Resolution 24-81
Page 2 of 3
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
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. 24-81 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 19t" day of
November 2024, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Resolution 24-81
Page 3 of 3
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
EMPLOYEE INFORMATION
Employee Name
Stu Greenberg
Current Classification
Police Chief
Employee Number Department / Division Name & Code
01871 Police 5010
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):
Current Salary Step
$ 136.60 / hour G
Effective Date of Action
12 / 28 / 2024
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
❑ PROMOTION /
❑ DEMOTION
❑ RECLASSIFICATION
❑ TRANSFER
❑ ACTING APPOINTMENT
❑ MERIT INCREASE
❑ OTHER COMPENSATION
Classification: Police Chief (Interim) Salary: $ 136.60 / hour Step: G
Status: ❑ Full-time ❑ Part-time Benefitted ❑ Part-time Non-benefitted (Hourly/At-will)
❑ Temporary (At -will) ® Other At -will (specify): Retired Annuitant
New Classification: Salary: $ / hour Step:
Status: ❑ Full-time ❑ Part-time Benefitted ❑ Part-time Non-benefitted (Hourly/At-will)
New Department/Division Name & Code (if applicable):
New Classification: Salary: $ / hour Step:
Status: ❑ Full-time ❑ Part-time Benefitted ❑ Part-time Non-benefitted (Hourly/At-will)
New Department/Division Name & Code (if applicable):
Acting Classification:
Action: ❑ Start ❑ Stop
New Salary: $ / hour Step: Next Review Date: / /
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 appointment as Interim Police Chief during the recruitment for a new permanent Police Chief, pursuant to Government
Code section 21221(h). See CalPERS Retired Annuitant Compliance Checklist, City Council Agenda Report dated November 19, 2024, and City
Council Resolution No. 24-81.
SIGNATURES S
Em ge:
CAklAbtVanageresor/slvisio
Department Head
Date Director of Human Resources
11/07/24 DocuSigned by -
Date 26..
Signed
by-
d
Date Hurd MPA4 IT9 Use Only
White Card: HRIS:
Date
11/06/24
Date
11/07/24
Verified:
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
EMPLOYEE INFORMATION
Name
Stu Greenberg
Date of Appointment
12/28/2024
Classification
Interim Police Chief
Department
Police
1W
Human Resources
Estimated Length of Appointment
3 months (or until permanent Police Chief begins employment)
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 CAPERS 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
CaIPERS for all member and employer contributions for the period of unlawful employment, plus interest, and c)
reimbursement to CAPERS for administrative expenses.
DEPARTMENT HEAD ACKNOWLEDGEMENT AND CERTIFICATION
With my signature below, 1 acknowledge that 1 am fully aware of Ca1PERS' 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 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)
® 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
® The retiree will not receive any other benefit, incentive, or compensation in addition to the hourly pay rate
Signed by:
Signature I'k._ Date 11/07/24
ECB780E68A204BB...
RETIREE ACKNOWLEDGEMENT AND CERTIFICATION
With my signature below, 1 acknowledge that 1 am fully aware of Ca1PERS' 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)
® 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)
® 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 myCaIPERS system
Signed by:
Signature 5CA75C54279BD466...
LG��Date 11/07/24
IA7