CITY OF
LONG
June 21, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Department of Human Resources
411 West Ocean Boulevard, 1 O"' Floor Long Beach, CA 90802 (562) 570-6621
R-35
Adopt a Resolution approving an exception to the 180-day waiting period for Public Agencies pursuant to Government Code 7522.56 and 21224, to hire Tye Johnson for a limited duration to work in the City of Long Beach Fire Department. (Citywide)
DISCUSSION
On January 1, 2013, the Public Employees' Pension Reform Act added Section 7522.56 to the Government Code, which set forth post-retirement employment requirements applicable to all retirees who are employed by CalPERS employers on or after January 1, 2013. This change added the requirement that all retirees must wait 180 days after their retirement date before they are eligible to begin post-retirement employment with a CalPERS agency. An exception to the 180-day wait period can be made if a public agency certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed. The appointment must be approved by the governing body of the employer in a public meeting and may not be placed on a consent calendar.
The Fire Department requests the City Council approval to hire Tye Johnson, former Firefighter - Arson Investigator in the Fire Department, as a Retired Annuitant-Specialized Support, effective July 1, 2022, for a limited duration to assist the Arson Unit, specifically in peer reviewing case filings, coordinating fireworks response and seizure, transporting evidence, training investigators, filing cases with DA and City Prosecutor's Office, creating an investigator task book, assisting in case investigation (document only reports) and assisting with reviewing and updating Arson policies and procedures (including the Use of Force policy).
Mr. Tye Johnson worked as a Deputy Sheriff with the San Bernardino County Sheriff's Department for 17 years prior to joining the Long Beach Fire Department. Tye investigated approximately 450 fires leading to dozens of arson-related arrests. He earned professional certifications as a Fire Investigator through the International Association of Arson Investigators (IAAI) and National Association of Fire Investigators (NAFI) and is an Associate Member of the California Conference of Arson Investigators (CCAI). The department will prioritize filling the vacancy for his position, but his continued involvement until the position is filled is imperative.
Since Mr. Johnson's proposed start date is less than the required 180-day waiting period subsequent to his retirement on February 11, 2022, City Council approval to hire Mr. Johnson is required. The approved rate of pay will be $45.845 per hour. This amount represents the
HONORABLE MAYOR AND CITY COUNCIL
June 21, 2022
Page2
hourly rate he received upon retirement and is within the minimum and maximum compensation paid to other employees performing comparable duties as listed in the City of Long Beach's publicly available pay schedule and will be funded by salary savings within the General Fund Group in the Fire Department.
This matter was reviewed by Assistant City Attorney Gary Anderson on May 26, 2022 and by Budget Management Officer Nader Kaamoush on June 6, 2022.
TIMING CONSIDERATIONS
City Council action is requested on June 21, 2022, to ensure the continued support needed due to the Fire Department's high volume of cases within the Arson Unit.
FISCAL IMPACT
The total annual cost is estimated to not exceed $47,378. The estimated cost is based on 960 hours over the Cal PERS fiscal year ending June 30th, at a salary rate of $45.845 per hour plus Medicare and FICA. The actual costs will be based on hours worked and are not expected to exceed 960 over the CalPERS fiscal year. The cost will be funded with salary savings within existing appropriations in the General Fund Group in the Fire Department. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
1¥~
JOE AMBROSINI
HUMAN RESOURCES DIRECTOR
ATTACHMENT: Resolution
APPROVED:
--;a;d
THOMAS B. MODICA
CITY MANAGER
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH APPROVING THE EXCEPTION TO
THE 180-DAY WAIT PERIOD GOVERNMENT CODE
SECTIONS 7522.56 AND 21224, FOR RETIRED ANNUITANT
TYE JOHNSON
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City of Long Beach must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, TYE JOHNSON, CalPERS ID 2566501524, retired from the City of Long Beach in the position of Firefighter, effective February 11, 2022; and WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is August 11, 2022, without this certification resolution; and WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and
WHEREAS, the City Council, the City Manager, the City of Long Beach and Tye Johnson, certify that Tye Johnson has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Manager with City Council approval hereby appoints Tye Johnson, as an extra help retired annuitant to perform the duties of the Retired Annuitant – Specialized Support, for the City of Long Beach under Government Code section 21224, effective July 1, 2022; and
WHEREAS, the appointment letter between Tye Johnson and the City of
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 Long Beach has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; 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 maximum base salary for this position is $20,000 monthly and the hourly equivalent is $115.385, and the minimum base salary for this position is $2,500 monthly and the hourly equivalent is $14.423; and WHEREAS, the hourly rate paid to Tye Johnson as a retired annuitant will be $45.845; and
WHEREAS, Tye Johnson 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, the City Council of the City of Long Beach resolves as follows:
Section 1. The City Council hereby certifies the nature of the appointment of Tye Johnson as described herein and detailed in the attached appointment letter and that this appointment is necessary to fill the critically needed position of Retired Annuitant – Specialized Support, for the City of Long Beach by July 1, 2022, for the purpose of assisting the Arson Unit, specifically in peer reviewing case filings, coordinating fireworks response and seizure, transporting evidence, training investigators, filing cases with DA and City Prosecutor's Office, creating an investigator task book, assisting in case investigation (document only reports) and assisting with reviewing and updating Arson policies and procedures (including the Use of Force policy) within the Fire Department.
The compensation for retired annuitant, Tye Johnson, will be $45.845 per hour.
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 Section 2. Tye Johnson has acquired the relevant experience and specialized skills from their employment with the City of Long Beach as a Firefighter. Mr.
Tye Johnson worked as a Deputy Sheriff with the San Bernardino County Sheriff’s Department for 17 years prior to joining the Long Beach Fire Department. Tye investigated approximately 450 fires leading to dozens of arson related arrests. He earned professional certifications as a Fire Investigator through the International Association of Arson Investigators (IAAI) and National Association of Fire Investigators (NAFI) and is an Associate Member of the California Conference of Arson Investigators (CCAI). The department will prioritize filling the vacancy for his position, but his continued involvement until the position is filled is imperative.
Section 3. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of , 20 , by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
CITY OF
LONG
May 10, 2022
Tye Johnson
Dear Tye Johnson:
Office of the City Manager
411 West Ocean Boulevard, 10th Floor
(562) 570-6711
It is my pleasure to make you a conditional offer of employment as Retired Annuitant-Specialized Support in the Fire Department. Your appointment as a PERS retired annuitant will be effective at a mutually agreed upon date, at an hourly rate of $45.845, contingent upon approval by the Human Resources Director and City Council.
As a PERS retired annuitant, you are limited to 960 hours during the PERS fiscal year 0uly 1 through June 30) and you will not be eligible for step increases. It will be your responsibility to monitor your hours so that they do not exceed the 960-hour limit.
If you accept this conditional offer of employment, please sign, and return this offer letter to Ernie Echeverria, Administrative Analyst in the Fire Department.
If have any questions, please direct them to Sarah Green, Administrative Officer in the Fire Department. They can be reached at 562-570-2551.
On behalf of the department staff, we look forward to continuing to work with you.
Sincerely,
Thomas B. Modica
City Manager
Acknowledgment: ___________ _
Date
DC
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