REPORT TO COUNCIL
SUBJECT
Title
Action on Resolution for an Exception to the 180 Day Waiting Period to Appoint Michael Morgan, A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Police Department to Perform Work as a Senior Public Safety Dispatcher
Report
COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources
BACKGROUND
Generally, the Public Employment Retirement Law (PERL) requires that retired annuitants serve a 180-day wait period before working in a retired annuitant position. However, the PERL also provides for exceptions to this waiting period if certain criteria are met and the governing body of the public agency adopts a non-consent calendar resolution at a public meeting approving the appointment as a critically needed position before the 180 days has passed. The adoption of the resolution allows the employer to hire a retired annuitant to perform work of a limited duration requiring specialized skills (Government Code Sections 7522.56 and 21224).
DISCUSSION
Michael Morgan was a Senior Public Safety Dispatcher in the Police Department. He retired on October 2, 2024. It is recommended that Mr. Morgan be rehired on October 27, 2024. The Santa Clara Public Safety Communications Center in the Police Department is the primary 9-1-1 public safety answering point for the City of Santa Clara. The Division has an authorized staffing level of 21 Public Safety Dispatchers who are trained to receive, evaluate and dispatch police, fire and medical calls for service 24-hours a day, 365 days a year.
This work unit acts as a coordination point for all emergency situations that take place in Santa Clara, focusing on the City's public safety resources. These trained professionals have a highly specialized skill set and are able to expand their responsibilities when handling requests for immediate and planned public safety assistance on a more regional basis. In addition to this primary function, this same work group also classifies, documents and records a wide-range of internal and external non-emergency requests; dispatching most to City resources, but also referring callers to other agencies when appropriate.
The Santa Clara Public Safety Communications Center in the Police Department is currently experiencing nearly a 50% vacancy rate, with 10 out of 21 positions unfilled. These vacancies have significantly increased the workload on the Department’s current dispatchers. The Human Resources Department is actively recruiting for these positions, and most recently hired two new lateral Public Safety Dispatchers earlier this month. Rehiring Mr. Morgan would be a tremendous asset, helping to ensure the community receives timely police, fire, and medical services. This measure is essential to maintain public safety and provide reliable emergency response services to the community.
The recommended actions would certify Mr. Morgan’s appointment meets the requirements as defined in Government Code Sections 7522.56 and 21224, specifically:
1. Appointment is necessary to perform critically needed duties prior to the expiration of the 180-day wait period;
2. He has not received a Golden Handshake or any other form of retirement-related incentive;
3. Adoption of resolution was not placed on the consent calendar;
4. Employment will be limited to 960 hours/fiscal year; and
5. Compensation will be within the posted salary range in the publicly available salary schedule.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The Public Employees’ Pension Reform Act (PEPRA) sets forth limitations for compensating retired annuitants. All retirees must be paid hourly, at no less than the minimum, nor more than the maximum, paid to employees doing similar work. Based on the CalPERS formula for setting retired annuitant pay rates, the individual will be paid at the hourly rate for as-needed consultant position as follows:
|
Retired Annuitant |
Hourly Rate of Pay |
Fiscal Year Maximum Amount |
|
Michael Morgan |
$76.53 |
$73,468 |
Retirees also do not receive any benefits. Sufficient appropriations are available in the Police Department to fund this position.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov.
ALTERNATIVES
1. Adopt the attached Resolution to permit a Retired Annuitant to provide valuable service to the City post-retirement but within the first 180 days of their retirement; or
2. Direct Staff to return with other options.
RECOMMENDATION
Recommendation
Adopt a Resolution for an Exception to the 180 Day Waiting Period To Appoint, Michael Morgan, A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Police Department to Perform Work as a Senior Public Safety Dispatcher
Staff
Reviewed by: Aracely Azevedo, Director of Human Resources
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution for an Exception to the 180 Day Waiting Period To Appoint, Michael Morgan, a Retired Annuitant
2. Morgan, Michael - Offer Letter