CITY COUNCIL STAFF REPORT
January 16, 2024 {{section.number}}i
CONSIDER ADOPTION OF A RESOLUTION APPOINTING A RETIRED ANNUITANT AS
INTERIM DIRECTOR OF POLICES SERVICES/POLICE CHIEF AND APPROVING THE
EMPLOYMENT AGREEMENT WITH RICHARD MARTINEZ
RECOMMENDATION:
Adopt “A Resolution of the City Council of the City of Coronado, California, Appointing Richard Martinez as Interim Director of Police Services and Approve Retired Annuitant Interim Employment Agreement.”
BACKGROUND:
In December, Chuck Kaye announced his retirement as Director of Police Services/Police Chief of Coronado. Chief Kaye’s last day was January 4, 2024.
The City Manager retained the services David Morgan of Ralph Andersen to conduct the recruitment for the position on December 20, 2023. It is anticipated the recruitment process will take approximately 120 days to complete. The selection and onboarding of a new Director of Police Services is expected by summer 2024. The City Manager has selected Mr. Richard Martinez to serve as Interim Director of Police Services/Police Chief until the permanent Chief is installed.
Mr. Richard Martinez is a 30-year veteran of the San Cruz Police Department, retiring in 2019 at the rank of Deputy Chief, a post he held for a decade. In that role, Mr. Martinez oversaw the Administration and Operations Divisions and served as Interim Chief of Police for the department of 95 sworn and 25 non-sworn personnel that delivered a full suite of police services with a call volume of 100,000 annually. Mr. Martinez worked in patrol, neighborhood services, investigations, professional standards, police administration, and as the commander of the Emergency Services Unit. Mr. Martinez is well-qualified to support the City of Coronado and Police Department during the Chief of Police transition.
Mr. Martinez is a retiree under the California Public Employees Retirement System (CalPERS).
In order to work for Coronado, a CalPERS employer, Mr. Martinez can only work pursuant to a retired annuitant appointment with related restrictions including work limited to 960 hours in a fiscal year and compensation at the hourly rate of a regular employee in the same capacity.
Under Government Code Section 212221(h), an agreement with Mr. Martinez must be adopted by resolution by the City Council.
ANALYSIS:
The proposed terms of the retired annuitant employment agreement with Mr. Martinez provide the following:
LIMITED TERM: The appointment shall be limited from January 17, 2024 contingent upon successful completion of pre-employment requirements. The agreement shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent Director of Police Services employed by the City; (ii) upon Mr. Martinez working his 960th hour for the City during any fiscal year as a retired annuitant; or (iii) upon termination of the agreement by either party as provided in the agreement.
COMPENSATION: As the Interim Director of Police Services, the hourly rate shall be $109.00 per hour. This is based on the publicly available pay schedule for the position of Police Chief of $18,943.72 divided by 173.333 to equal an hourly rate as required by statute. There shall be no benefits, incentives, compensation in lieu of benefits, or other forms of compensation in addition to the hourly pay rate.
960 HOUR LIMIT: The hours worked will not exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined.
UNEMPLOYMENT INSURANCE: Mr. Martinez will warrant that he has not received unemployment insurance payments in the last 12 months for previous retired annuitant work with any CalPERS employer.
EMPLOYMENT SCHEDULE: Mr. Martinez shall devote the time necessary to adequately perform his duties as Interim Director of Police Services. The parties anticipate that he will work up to forty (40) hours per week during normal business hours as well as outside of the normal business hours as appropriate.
RECORDING AND REPORTING HOURS WORKED: Mr. Martinez will comply with all applicable CalPERS regulations governing employment after retirement including recording and reporting all hours worked for the City to CalPERS as may be required.
It is recommended the City Council consider the information provided, adopt the resolution appointing Richard Martinez as Interim Director of Police Services, and approve the Retired Annuitant Interim Employment Agreement.
FISCAL IMPACT:
The net costs to the City from the appointment of the Interim Director of Police Services are $109.00 per hour, as specified in the agreement. If working the full 960 hours per fiscal year, the costs will not exceed $104,640.00. There will be savings in the 2023-2024 fiscal year budget from the vacancy of the Director of Police Services to fully offset the costs of employing a retired annuitant.
ALTERNATIVE:
Provide direction as needed.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not Applicable.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. Resolution No. 2024-03
2. Retired Annuitant Interim Employment Agreement
Submitted By: City Attorney's Office / Johanna N Canlas