Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Ratification of Interim Police Chief Agreement Date: November 28, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution ratifying the City Manager’s appointment of Hank Schreeder, a Retired Annuitant, as Interim Police Chief.
Background
The City is currently recruiting for the position of Police Chief and is in need of an Interim Police Chief to fill this critical role during the recruitment process. The current Police Chief, Chief Parish, will retire at the end of December. Based on the current recruitment schedule, a new Police Chief is expected to be hired and in the role by March 1, 2024. Therefore, an Interim Police Chief is needed to bridge the estimated 2 months between the retirement of the current Police Chief and the new Police Chief starting.
Analysis/Discussion
Employment of a person that is retired from CalPERS, a retired annuitant, is subject to certain criteria and regulations specified in the Government Code. These rules are intended to protect the public’s interest by enabling CalPERS contracting agencies the ability to re-employ retirees and protect the retirement system from inappropriate use or abuse. CalPERS recognizes that retirees can play an important role in keeping city business running, particularly in short term or emergency situations, but also provides limitations on their service.
The City of Cotati Municipal Code section 2.12.100 authorizes the City Manager to appoint a Police Chief and the Government Code provides specific guidance on employing a CalPERS retiree without reinstatement from retirement or loss or interruption of retirement benefits.
Specifically, Government Code Section 21221(h) applies in the City’s current circumstances, where the City is seeking to fill a vacant position during the recruitment for a permanent appointment, and the position requires specialized skills. Key terms of hiring a retired annuitant under this Code Section are:
1. Limited duration work & retiree skills: The appointment needs to be clearly of limited duration and the vacant position must require specialized skills, which are possessed by the retiree.
2. 960 hour limit: Retirees can work a maximum of 960 hours each fiscal year, regardless of the number of CalPERS contracting employers they work for.
3. Rate of Pay requirement: The compensation paid to any retiree must be within the monthly rate of pay range (not more or less than the Police Chief pay range) and no other benefit, incentive, compensation in lieu of benefits, or other form of compensation can be paid in addition to this hourly pay rate.
4. Open recruitment: The interim appointment must be for a vacancy during recruitment of a permanent appointment.
5. Enrollment in the myCalPERS system: The City must report the pay rate and hours worked to CalPERS through the system currently used to report payroll.
The accompanying Resolution and Employment Agreement identify the detailed terms of the Interim Police Chief engagement. Employing Robert Schreeder in this manner will help ensure that CalPERS regulations related to retirees are followed.
Robert ‘Hank” Schreeder has enjoyed a long and successful law enforcement career. He served with the Santa Rosa Police Department for 28 years, retiring as the Chief of Police in Santa Rosa in 2019. He served as the interim Chief of Police with the Emeryville Police Department in 2020 and served as the Novato Chief of Police on an interim basis during 2022 and again in 2023. He has greatly enjoyed his interim positions and is exceptionally well qualified to fill the Interim Police Chief position for the City of Cotati.
Financial Considerations
The employment agreement specifies an hourly rate of $95.08, with no benefits. Total costs will depend on the length of service of the Interim Police Chief; however, it will not exceed 255 hours between January 1 and no later than April 1, 2024, for a total cost of approximately $25,000. Expense for the interim assignment will be covered by salary savings associated with the Police Chief vacancy.
Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.