TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Lisa Jenkins, Human Resources Director
SUBJECT:Title
Consideration of a Resolution Approving an Exception to the 180-Day Waiting Period to Hire Retired Police Lieutenant Ryan Small as a CalPERS Retired Annuitant Pursuant to Government Code Sections 7522.56 and 21224 and Approval of an Employment Agreement with Ryan Small (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 22-0018
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 22-0018.
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FISCAL IMPLICATIONS:
Salary savings within the department will be utilized to fund this special projects role.
BACKGROUND:
In order to provide a dedicated focus to a special project in the Records Division and ensure the continuity of operations and service within the Police Department, the City Manager recommends bringing on board retired Police Lieutenant Ryan Small to assist in a special projects capacity. The California Public Employees’ Retirement System (CalPERS) administers the statutes and regulations related to employment of CalPERS retirees (Retired Annuitants). Retired Annuitants are typically required to be separated from employment for at least 180 days before returning to work for an employer in the same retirement system from which they receive a pension. An exception to this break in service requirement may be made under Government Code Section 7522.56(f)(1), which states:
“The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 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 attached resolution and employment agreement will ensure that CalPERS regulations are met in onboarding Retired Annuitant Police Lieutenant Ryan Small to serve in a special projects capacity.
DISCUSSION:
The Police Department has identified the need for a special projects administrator to oversee immediate maintenance, records destruction, and policy development in the Evidence and Property Unit, COVID-19 protocol adherence and procedures, and establishing a cleaning and maintenance contract for the firing range. These are high priority projects for the Police Department. Mr. Small is uniquely qualified to oversee these projects based on his background with the Police Department as described below. The Department cannot reasonably wait 180 days to begin to address these issues and therefore, Mr. Small’s services are critically needed prior to the expiration of the 180-day waiting period.
Prior to his retirement, Mr. Ryan Small spent his career in the City of Manhattan Beach Police Department for 30 years. He began his career with the Department in the Records Division, worked his way up through the sworn ranks, and served as the Police Lieutenant over Administration during the years leading up to his retirement. Mr. Small was involved in the internal planning for the special projects he is recommended to oversee. His continued service in overseeing these projects will allow the Police Department to maintain continuity of service while Mr. Small oversees and ensures completion of special projects related to the Property and Evidence Room, COVID-19 response, and firing range.
Section 7555.56 allows safety retirees to work for an employer contracting with the same retirement system to perform safety functions without waiting 180 days after retirement for safety positions. If approved, the attached resolution establishes an exception to the 180 waiting period.
Staff recommends approving the attached resolution out of an abundance of caution in the event that some assigned special projects to be overseen by the position, are not deemed sufficiently related to safety functions in order to qualify for the automatic exception for public safety. The attached Resolution fulfills CalPERS’ requirements to appoint Mr. Small in this capacity, after February 1, 2022 and CalPERS approval of his employment, without adhering to the waiting period.
Staff is recommending that the Council adopt the attached Resolution, making the interim appointment effective the following day after City Council approval.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue.
LEGAL REVIEW:
Special Counsel has approved the resolution and employment agreement as to form.
ATTACHMENTS:
1. Resolution No. 22-0018
2. Employment Agreement - Ryan Small