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Item 3B - 8
PSUSD No. C0004362
PALM SPRINGS UNIFIED SCHOOL
DISTRICT
Law Enforcement Services Agreement
C0004362
LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF PALM
SPRINGS AND THE PALM SPRINGS UNIFIED SCHOOL DISTRICT PURSUANT TO PROVISIONS OF THE CALIFORNIA EDUCATION CODE, SECTION 12400, FOR
THE SERVICES OF A SCHOOL RESOURCE OFFICER IN ORDER TO ENSURE THE
GREATER SAFETY OF STUDENTS, THE STAFF, AND THE PUBLIC AT PALM
SPRINGS HIGH SCHOOL AND DESERT LEARNING ACADEMY AND TO
IMPROVE AND STRENGTHEN LAW ENFORCEMENT COMMUNITY
CONNECTIONS ON OR ABOUT CAMPUS.
THIS AGREEMENT is made and entered into by and between the City of Palm Springs (hereinafter referred to as "CITY"), and the PALM SPRINGS UNIFIED SCHOOL DISTRICT, (hereinafter referred to as "DISTRICT").
WHEREAS, the CITY and DISTRICT desire to work cooperatively in this school community policing approach by entering into this Agreement to place a Police Officer as School Resource Officers, herein after referred to as SRO, on the DISTRICT campuses as needed to assist in the teaching of police science classes and to be a visual deterrent to aberrant behavior and thereby enhance DISTRICT's campus control and student protection; IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
This agreement shall be effective beginning August 1, 2022 and it shall run through June 7, 2024, unless sooner terminated as provided in Section 16.
2. PURPOSE
This agreement establishes and delineates the mission of the School Resource Officer Program, herein referred to as the SRO Program, as a joint cooperative effort.
Additionally, the agreement formalizes relationships between the participating entities to foster an efficient and cohesive program that will build a positive relationship between Police Officers and the youth of our community in addition to reducing crime committed by juveniles and young adults.
The intent of this agreement is to ensure that all SR Os assigned to PSUSD are deployed under the framework of the U.S. Department of Education and Department of Justice Safe School-based Enforcement through Collaboration, Understanding, and Respect (SECURe).
3. MISSION
The SRO Program accomplishes its mission by creating and maintaining safe, secure, and orderly learning environments for students, teachers, and staff.
The SRO will establish a trusting channel of communication with students, Item 3B - 9
PSUSD No. C0004362
parents, and teachers. SROs will serve as a positive role model to instill in student's good moral standards, good judgment and discretion, respect for other student's, and a sincere concern for the school community. SRO's will promote citizen awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations regarding enforcement as well as consequences for violations of the law. SRO's will serve as a confidential source of informal counseling for students and parents concerning problems they face as well as providing information on community resources available to them.
Goals and objectives are designed to develop and enhance rapport between youth, police officers, and school administrators.
SROs are not school disciplinarians and are not employed to "police students". Therefore, they are prohibited from involvement in enforcing school codes of conduct or engaging school discipline.
4. SCOPE OF SERVICES
4.1 CITY agrees to assign 1 (one) SRO as the minimum staffing level under this Agreement.
Basic responsibilities of the SRO will include but will not be limited to:
1. Protect the students, staff, and public at large against criminal activity.
2. Refer school discipline issues to the appropriate administration team member.
3. Meet with principals to exchange information gathered from, parents, community members, and social media to detect potential spill-over of threats, drug activity, gang activity, and other behavior onto campus.
4. Connect with campus and community social workers to understand when and how at-home issues may be motivating a student's disruptive behavior in order to work with school staff to ensure effective and supportive responses.
5. Provide counseling on a limited basis to students, staff, and faculty.
6. Take enforcement action on criminal matters when appropriate.
7. Handle initial police reports of crimes committed on campus.
8. Coordinate investigative procedures between police and school administrators.
9. Work with administrators to keep the school Emergency Management Plans updated.
10. Attend school special events as needed.
11. Provide information concerning questions about law enforcement topics to students and staff.
12. Provide classroom instruction on a variety of topics including, but not limited to, narcotics, gangs, safety, public relations, occupational training, leadership, constitutional law, juvenile law, state law, and life skills.
13. Attend training as needed to fulfill the duties of a School Resource Officer.
4.2 DISTRICT shall provide the SRO of each campus the following materials and facilities, which are deemed necessary to the performance of the SRO's duties:
1. Access to an air-conditioned and properly lighted private office, which shall Item 3B - 10
PSUSD No. C0004362
contain a telephone, which may be used for general business purposes.
2. A location for files and records which can be properly locked and secured.
3. A desk with drawers, chair, worktable, filing cabinet, and office supplies.
4. Access to a computer and printer.
5. Access to and encourage classroom participation by the SRO's.
6. The opportunity for SRO's to address teachers and school administrators about the SRO program, goals, and objectives.
7. Seek input from the SRO's regarding criminal justice problems relating to students.
8. Provide SRO's the opportunity to address teachers and school administrators about criminal justice problems relating to students during in-service workdays.
9. Computer access to student records at all campuses for investigative purposes. (In compliance with FERPA guidelines)
I 0. Access to video surveillance systems at all campuses for investigative purposes. School Resource Officers will be provided access to the video surveillance system for their respective school campuses and school buses that have video capability. This access will be given to the SRO on their office computer. Access to the video surveillance system shall be solely for investigative and preventive purposes only. Once video of an incident is determined to contain evidentiary value, the portion of video that is necessary to capture the incident will be downloaded from the system and saved as a computer file. The computer file will be considered evidence and shall be handled in accordance with Police Department policy and procedure. School Resource Officers shall respect the sensitive nature of student privacy and shall abide by all applicable confidentiality, privacy policies, and applicable laws. Any unauthorized use of the DISTRICT'S video surveillance system will be grounds for disciplinary action in accordance with the agreement between the DISTRICT and the City of Palm Springs Police Department.
11. Encourage attendance of principals at NASRO Basic SRO training.
12. Ensure SROs receive forty (40) hours of training as a School Resource Officer through the National Association of School Resource Officers (NASRO).
13. Make certain SROs are trained in relevant school-based programs (Restorative Practices, Trauma Informed Care, Positive Behavioral Interventions and Supports, and Students with Disabilities).
5. SCHOOL RESOURCE OFFICER ASSIGNMENT
5.1 When a SRO position becomes available, notice should be given to all sworn employees through regular department posting procedures. The officer should then be interviewed by a board consisting of police department personnel and DISTRICT employees, with the final selection being made by the Chief of Police and the PSUSD Superintendent of Schools or his/her designee(s).
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PSUSD No. C0004362
Selection criteria should include but should not be limited to:
1. Oral Interview
2. Oral Presentation
3. Performance Reports
4. Experience
5. Interpersonal skills
The SRO must successfully complete a School Site orientation before his/her assignment. The SRO shall meet the requirements of Education Code section 38001.5. The SRO shall have full authority to act to discharge his or her law enforcement duties pursuant to the policies and practices of the City. If circumstances permit, the Superintendent, or designee, may be consulted with respect to the handling of certain situations, if nothing in this Agreement shall restrict the discretion of the SRO in his/her law enforcement activities.
5.2 The day-to-day operation and administrative control of the SRO Program will be a joint and cooperative effort of the City of Palm Springs Police Department and Superintendent of Schools, or his/her designee(s). The SRO Sergeant will make SRO assignments for a school year with an annual review.
Responsibility for the conduct of SRO Personnel, both personally and professionally, shall remain with the Police Department and the DISTRICT acknowledges the SRO remains responsive to the command of the Police Department. The SRO or SROs are employed and retained by the City of Palm Springs, and in no event shall any employee of the CITY be considered an employee of the DISTRICT regardless of the funding source.
SJ City shall retain the full responsibility and authority to direct and control the activities of the SRO and supervise and discipline the SRO in accordance with the collective bargaining agreement between the City and the City's Police Officers Association then in effect. Notwithstanding the foregoing, the SRO shall cooperate with the DISTRICT relating to any event or activity which may involve a SRO assigned to the DISTRICT, including, without limitation, conferring with any student, parent, faculty, and school administrator. If a problem arises concerning the performance of duties by a SRO, the principal or his/her designee shall state such concerns in writing directed to the PSUSD Superintendent of Schools or his/her designee(s), and the City of Palm Springs Chief of Police or his/her designee.
5.4 The CITY agrees it shall assign and have in attendance a SRO to the District for a period of no less than ten ( l 0) months during the school year. The SRO shall have a regular work schedule of 7:45 a.m. to 3:45 p.m. five (5) days per week to reflect the days and hours as that of the student population.
5.5 The CITY shall retain the right to approve requests for sick leave, vacation, or other absences In the event a SRO will be absent from work when school is in session, the SRO shall notify his/her supervisor in the CITY and the designated representative of the DISTRICT for the school assigned. For absences of more than five (5) consecutive days' duration, the CITY may assign another fully trained SRO to substitute for the reassigned SRO.
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PSUSD No. C0004362
5.6 SRO's vacation time shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY. Because DISTRICT and CITY holidays may not correspond, holiday time will be taken by the SRO in accordance with DISTRICT holidays during the contract period. The excess days shall be taken with reasonable notice to DISTRICT but shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY.
5.7 The CITY will make reasonable efforts not to reassign a SRO when school is in session. The DISTRICT recognizes that there will be times when the SRO is necessarily absent from campus, including but not limited to emergencies, court appearances, union release time scheduled training.
5.8 All training required of the SRO will attempt to be scheduled during non student days if at all feasible.
5.9 The SRO shall always be expected to maintain radio contact with the high school administration. In the event the SRO shall find it necessary to leave the campus, the principal, (or designee), shall be notified in advance of the expected absence and the Police Watch Commander shall be notified. In such a circumstance, a patrol car shall be available for immediate response to a school emergency .
5.10 Any overtime required to be paid to the SRO for school-related issues shall be paid by the DISTRICT as an addition to the full cost of services contained in Article 7. Compensation of this Agreement.
6. MODIFICATION OF SERVICES
No portion of the services or responsibilities of either party described in this Agreement may be eliminated, reduced, or appreciably changed without the mutual written consent of both parties.
7. COMPENSATION
DISTRICT shall reimburse CITY the cost of rendering service pursuant to this Agreement. Such cost of services shall be established by the CITY in the form of an hourly rate for an SRO and a mileage rate, and shall include all items of cost and expense to the CITY for providing the services hereunder. Total cost to DISTRICT under this Agreement is estimated at THREE HUNDRED EIGHTY SIX THOUSAND ONE HUNDRED FIVE AND 10/100 DOLLARS ($386,105.10), based on the hours of work for the SRO, as estimated by the DISTRICT. Payment to be made upon monthly billing by the CITY calculated at the total rate not to exceed EIGHTEEN THOUSAND SIX HUNDRED FIFTY TWO AND 42/100 DOLLARS ($18,652.42), per month for a period ofup to ten (10) months for the fiscal year of 2022/2023. Payment to be made upon monthly billing by the CITY calculated at the total rate not to exceed NINETEEN THOUSAND NINE HUNDRED FIFTY EIGHT AND 09/100 DOLLARS ($19,958.09), per month for a period ofup to ten (10) months for the fiscal year of 2023/2024.
8. INSURANCE
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PSUSD No. C0004362
City Insurance. CITY, at its sole cost and expense and for the full term of this Agreement shall obtain and maintain at least all the following minimum insurance requirements. All or a portion of the required insurance may be satisfied using a self insurance program or pooled insurance, if any. The CITY must provide an affidavit of self-insurance, or pooled insurance if any.
A. Comprehensive General Liability
A policy with a minimum limit of not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage, providing at least all the following minimum coverages:
I) Personal Injury
B. Workers' Compensation and Employers' Liability
A policy written in accordance with the laws of the State of California and providing coverage for all employees of the CITY.
I) This policy shall provide coverage for Workers' Compensation (Coverage A) with statutory limits.
2) This policy shall also provide coverage of $100,000.00 Employers' Liability (Coverage B).
C. Comprehensive Business Auto
A policy with a minimum of not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. Coverage shall be applicable (without deductibles) to all City leased, owned, hired, or non owned vehicles used in pursuit of any of the activities associated with this agreement.
D. Special Provisions
The foregoing requirements as to the types and limits of insurance coverage to be maintained by CITY, and any approval of said insurance by the DISTRICT, or its insurance consultants) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CITY pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
9. ADMINISTRATION AND SUPERVISION
CITY, ( or designee ), shall administer this Agreement and supervise the SRO on behalf of the CITY. The Superintendent of DISTRICT (or designee) shall administer this Agreement on behalf of DISTRICT.
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PSUSD No. C0004362
10. EMPLOYMENT STATUS
SRO shall remain employees of the City of Palm Springs on special assignment to DISTRICT for the purposes set forth in this Agreement, and shall not be considered agents, employees, or an officer of DISTRICT.
11. HOLD HARMLESS AND INDEMNIFICATION
The DISTRICT shall not be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the SRO, the CITY, or the CITY'S employees or agents in the performance of this Agreement. The CITY shall assume the defense of, and shall indemnify and hold harmless the DISTRICT from and against all actions or claims against DISTRICT, its officers, agents or employees from any and all loss, including attorneys' fees, sustained by DISTRICT by virtue of any damages to any person(s), firm or corporation who may be injured by or to any property that may be damaged arising out of the performance of this Agreement by CITY.
The CITY shall not be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the DISTRICT, or the DISTRICT'S employees or agents in the performance of this Agreement. The DISTRICT shall assume the defense of, and shall indemnify and hold harmless the CITY from and against all actions or claims against CITY, its officers, agents or employees from any and all loss, including attorneys' fees, sustained by CITY by virtue of any damages to any person(s), firm or corporation who may be injured by or to any property that may be damaged arising out of the performance of this Agreement by DISTRICT.
Nothing in this Section 11 shall limit any liability of DISTRICT or CITY, which liability pertains to any act or omission by any party arising from any event occurring outside of the performance of this Agreement by CITY.
The indemnity provisions of this Agreement shall survive the expiration or earlier termination of this Agreement.
12. ASSIGNMENT
Neither this Agreement nor any duties or obligations under this Agreement may be assigned by DISTRICT without prior written consent of the CITY.
13. ENTIRE AGREEMENT
This Agreement supersedes all agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral or otherwise, relative to this subject matter exists between the parties at the time of execution of this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by both parties .
14. WAIVER
Any waiver by the CITY of any breach of any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of Item 3B - 15
PSUSD No. C0004362
the same or of any other term thereof. Failure on the part of CITY to require exact, full, and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof, or estopping CITY from enforcement hereof.
15. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
16. TERMINATION
The term of this agreement is for the 2022/2023 and 2023/2024 school years; however the agreement may be amended at any time by the mutual consent of the parties hereto and may be terminated by either party upon thirty (30) days written notice to the other of its intention to do so. In the event this agreement is terminated, the cost shall be prorated on the basis on one tenth per month of the remainder of the actual agreed services performed hereunder.
17. DISPUTE RESOLUTION
With respect to any breach or dispute arising under this Agreement, the Parties shall meet and attempt, in good faith and in using their best and reasonable efforts, to resolve may be amended at any time by the he same . If such breach or dispute is not resolved by the Parties, then the Parties shall meet and attempt to agree on an appropriate mode of resolving the dispute or breach, e.g. arbitration, mediation or other forms of alternative dispute resolution.
18. AUTHORITY
The signers of this Agreement have the capacity and are authorized to execute this Agreement as the representatives of their respective Parties, and to bind said Parties to the terms hereof. This Agreement is subject to the approval by each Party's governing body. The Parties have entered into this Agreement as of the day and year first herein above appearing.
IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have signed in confirmation of this Agreement on the dates indicated below.
**(USE BELOW FOR CITY SIGNATURE FORM)**
PALM SPRINGS UNIFIED SCHOOL DISTRICT
By: ~TJ
Name: i::~urrnfaLD:
Title: Assistant Superintendent. Business Services
(District¥ /
Date: j ~U, ~:1:2
Item 3B - 16
PSUSD No. C0004362
ATTEST: City of Palm Springs, a Municipal Corporation
By: _______ _ _____ _
Name:
--------------(City Manager)
Date: --------------
APPROVAL AS TO FORM AND CONTENT: City of Palm Springs, a Municipal Corporation By: ______________ _
Name: --------- -----(City Attorney)
Date: ---------------
Item 3B - 17
cardenas. Juana [email protected])
From:
Sent
To:
Rodrigues Lara, Carmen ([email protected])
Wednesday, July 20, 2022 9:17 AM
Cardenas, Juana [email protected])
Subject: FW: SRO Cost Proposal
Carmen Rodrigues Lara
Administrative Assistant - Bilingual
Security Department
(760) 883-2700 x4805391 FAX (760) 325-8723
Address: District Administrative Center
150 District Center Drive
Palm Springs, Ca 92264
a SIICCCSJfa! lltdll ;.,. df/C wlto Cd/I hp d jlmt fa1111ddlitJfl willt tltc bndes o//tcr.,-lt@c tlrr<JWII di lri111 H - cR!Jtrvid c5?m11klcp From: Melissa Desmarais <[email protected]> Sent: Tuesday, July 19, 2022 12:22 PM
To: Rodrigues Lara, Carmen ([email protected]) <[email protected]> Cc: Angela Sawyer <[email protected]>
Subject: FW: SRO Cost Proposal
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good afternoon, Carmen I The fully burdened salary for Officer Padilla for the 22/23 school year is $18,652.42/month. His salary for the 23/24 school year will be $19,958.09/month. Please let me know if you have any questions or if there is any additional information that you need.
Respectfully,
Melissa Desmarais
From: Rodrigues Lara, Carmen ([email protected]) <[email protected]> Sent: Tuesday, July 5, 2022 9:26 AM
To: Angela Sawyer <[email protected]>
Subject: RE: SRO Cost Proposal
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on llnks or open attachments unless you are sure the content is safe.
Good morning,
My apologies for throwing a curveball into this. Can we adjust the request for the cost proposal reflect the price for a 2 year contract?
1 Item 3B - 18
PSUSD
PALM SPRINGS
UNIFIED
SCHOOL DISTRICT
Purchasing
July 26, 2022
City of Palm Springs, Police Department
Attn: Chief A. Mills
P.O. Box 1830
Palm Springs, CA 92263
150 District Center Drive I Palm Springs, CA 92264
Phone 760-883-2710, ext. 3 I www.psusd.us
Selene Ahumada Tirado, Director
RE: Law Enforcement Services Agreement No. C0004362 - School Resource Officer, Palm Springs High School and Desert Learning Academy; FY 2022/2023 & FY 2023/2024 Dear Mr. Mills,
[Zj Please find enclosed original partially executed Agreements with Contract PO No. C-0004362. Please ensure that this contract number is on all correspondence with the District. [21 Please have the authorized individuals sign the enclosed Agreements, retain one (1) original for your files and return one Agreement to the Purchasing office. Please complete all of the information on the signature page.
PLEASE RETURN ANY REQUESTED DOCUMENTS TO:
Palm Springs Unified School District
Purchasing Services - Juana Cardenas, Buyer/Contracts Specialist 150 District Center Drive
Palm Springs, CA 92264-3626
Feel free to contact me at (760) 883-2710 Ext. 4806129 should you have any questions.
Sincerely,
~~
(1:~:~ ~;:denas Buyer /Contracts Specialist
encl. (2)
Cc: Levaughn Smart, Executive Director, Security and Disaster Preparedness Carmen Rodrigues, Administrative Assistant - Bilingual
CITY COUNCIL STAFF REPORT
09/01/2022 3. C.
City Clerk -
SUBJECT
CVRA WORKING GROUP RECOMMENDATION – REDUCING BARRIERS TO
RUNNING FOR CITY COUNCIL AND WORKING ON CITY COUNCIL
RECOMMENDATION:
Refine direction to Staff to prepare and present an ordinance to increase Council Member compensation and create a vehicle stipend. Staff recommends increasing Council Member salaries from $29,196 annually to $41,600 annually. The revised salary was derived by applying annual Consumer Price Indexes between 2007 (the last year Council Member salaries were adjusted) and 2022. Council could consider providing the Mayor a salary that is 15%-25% higher considering the higher demands that are often placed on the Mayor. This would provide a salary for the Mayor in the range of $47,840 - $52,000. Staff also recommends creating a vehicle stipend of $400 per month to be used in lieu of mileage reimbursement for all normal business-related travel.
Attachments
Item 3C
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 1, 2022 BUSINESS & LEGISLATIVE
SUBJECT: CVRA WORKING GROUP RECOMMENATION – REDUCING BARRIERS
TO RUNNING FOR CITY COUNCIL AND WORKING ON CITY COUNCIL
FROM: Justin Clifton, City Manager
SUMMARY:
This agenda item is a continuation of a discussion on increasing City Council Member salaries and creating a City Council Member vehicle stipend as measures to reduce barriers to running for and working on City Council. This is a follow up to direction giv en by City Council to Staff at the July 14, 2022, Regular City Council Meeting.
RECOMMENDATION:
Refine direction to Staff to prepare and present an ordinance to increase Council Member compensation and create a vehicle stipend. Staff recommends increasing Council Member salaries from $29,196 annually to $41,600 annually. The revised salary was derived by applying annual Consumer Price Indexes between 2007 (the last year Council Member salaries were adjusted) and 2022. Council could consider providing the Mayor a salary that is 15%-25% higher considering the higher demands that are often placed on the Mayor. This would provide a salary for the Mayor at the range of $47,840 - $52,000.
Staff also recommends creating a vehicle stipend of $400 per month to be used in lieu of mileage reimbursement for all normal business-related travel.
BACKGROUND:
In 2018, the City Council created a California Voting Rights Act (CVRA) Working Group.
The Working Group was tasked with advising City Council on transitioning to district - based City Council elections and other changes to policies and practices meant to better align with the CVRA. One of the areas the Working Group was tasked was to identify ways to reduce barriers to running for City Council and working on City Council.
The Working Group made several recommendations to reduce barriers including:
• Increase the salary of City Council Members to better reflect workload and enable residents to reduce their reliance on other full-time or part-time work while serving on City Council.
Item 3C - 1
City Council Staff Report
September 1, 2022 – Page 2
City Council Compensation and Vehicle Stipend
• Provide adequate staffing to alleviate some of the burden on Council Member’s time. Personal Assistants or shared Legislative Analysts are examples of positions that could reduce the workload of Council Members.
• Provide a vehicle stipend/ allowance to help compensate Council Members for wear/ tear and other costs associated with using their own vehicles to travel to places to conduct City business.
• Provide childcare through existing service providers or at City Hall with subsidized rates. This could also provide service to City Staff.
At the July 12, 2022, Regular City Council Meeting, Council identified short and long-term goals for reducing barriers to running for and working on City Council.
For short -term changes, Council directed Staff to analyze an adjustment to Council Member compensation, considering increases to Consumer Price Indexes , and to analyze options for a vehicle stipend. Council also directed Staff to consider the potential to add additional staff as a means of reducing the workload to Council Members so they could more easily balance the commitment to serve on City Council with needs to work or provide family care.
For long- term changes, Council expressed interest in providing childcare to Council Members and potentially staff.
STAFF ANALYSIS:
Ther
e is no right or wrong way to compensate City Council Members for their service.
While the Council/ Manager form of government used by the City of Palm Springs and most cities across the country contemplates Council Members serving in a part -time policy-focused capacity, the commitment Council Members must make to sufficiently serve varies greatly between communities. The City of Palm Springs has a history of placing significant demands on Council Members including but not limited to:
• E xpansive policy agendas that require multiple, long Council Meetings each month supported by extensive materials.
• Numerous Commissions, Committees and Stakeholder groups that meet regularly and desire at least some, if not consistent participation from Council Members. • Broad participation in regional and state affi liate organizations dedicated to addressing matters important to Palm Springs residents. • Extensive resident engagement in the form of emails, calls and public comments that require responses.
• Extensive requests for ribbon cuttings, proclamations, presentations, welcoming ceremonies, and special event attendance.
Considering these unique demands, City Council is justified in setting salaries at whatever amount makes sense for this community. It is noteworthy that Council discussed at some Item 3C - 2
City Council Staff Report
September 1, 2022 – Page 3
City Council Compensation and Vehicle Stipend
length whether salaries should reflect part -time or full -time work. That conversation emphasized that while higher salaries remove financial constraints as a barrier to participation, establishing the expectation that the work requires full -time dedication can create its own barrier to participation by creating the expectation that one must forgo other employment in order to serve. For this reason, Council directed Staff to analyze salaries from the perspective of changes to CPI since the last time salaries were adjusted in 2007.
However, Council should feel free to set salaries higher or lower as deemed appropriate.
Staff aimed to use the most local data possible to apply CPI going back to 2007. It should be
noted that the Bureau of Labor Statistics archives go back to 2009 so for 2008 an assumed 1.5% CPI was used. Between 2009- 2017 the Los Angeles -Riverside-Orange County CPI was used. For 2018 the Los Angeles -Long Beach-Anaheim CPI was used.
And between years 2019-2022 the Riverside-San Bernardino-Ontario CPI was used. The table below outlines the CPI rate for each year and the impact on salaries.
Year 2007 2008 2009 2010 2011 2012 2013 2014
CPI % - 1.5% -2.6% .9% 2.4% 1.9% 1.3% 2.0%
Salary 29,196 29,633 28,863 29,123 29,822 30,389 30,784 31,400 Year 2015 2016 2017 2018 2019 2020 2021 2022*
CPI % 1.4% 1.1% 2.5% 3.9% 2.6% 1.7% 6.5% 9.2%
Salary 31,839 32,189 32,994 34,281 35,172 35,770 38,095 41,600 Vehicle stipends tend to be more uniform and consistent than Council Members' salaries.
Stipends are generally established in lieu of mileage reimbursements. The stipend amount is most often set by estimating the demand for vehicle miles traveled multiplied by the IRS reimbursement rate. The IRS reimbursement rate is established considering the full cost of owning, operating, and maintaining a vehicle. From this perspective, the stipend is designed to account for all costs associated with using a personal vehicle for work-related travel.
Staff reviewed survey data collected in 2020 of Southern California communities and the vehicle stipends provided to Council Members. The survey revealed 21 communities in Southern California that provide a vehicle stipend for Council Members and/or the Mayor.
For the 20 communities that provide a stipend to Council Members (one community only provides a stipend to the Mayor), the amount ranges from $150/month to $750/month, with most between $350 -$500/month. A stipend at $400/month equates to mileage reimbursement for 640 miles/month at the current rate of reimbursement of $.625/mile. This stipend amount would be intended to cover all business travel around town, throughout the Coachella Valley, and the frequent meetings throughout Riverside County and Southern California.
Item 3C - 3
City Council Staff Report
September 1, 2022 – Page 4
City Council Compensation and Vehicle Stipend
Staff recommends assessing the impacts of the new Council support-staff position currently under recruitment before creating any new positions to support the City Council. This is primarily since Council has already made recent changes to the staffing levels that support Council but has not yet assessed whether those additions will sufficiently address Council Member needs. An additional administrative support position was added during the fiscal year 2021/22 budget. That position has not yet been filled, in part due to other extensive recruitments over the last year , however, t hose positions are currently under active recruitment. Additionally, Council added $350,000 to the fiscal year 2022/23 budget to support an internship program. Interns may also be able to help Council, especially with policy research and constituent relations. If Council is inclined to add personnel at this time, Staff would need to perform additional analysis to provide Council with options.
It should be noted that, from a timing perspective, in order to have any adjusted compensation apply to Councilmembers after the upcoming November 2022 election, the Council would want to have the ordinance updating the compensation adopted prior to the November 8, 2022 election. The City’s Charter section dealing with Council compensation, generally tracks state law in this regard. It states,
“No ordinance of the city council shall increase the compensation of any member of the council during that member's term of office, provided that nothing herein shall prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of beginning a new term of office.
”
So, after this November, the next opportunity for an increase in Council compensation would not come until the next Council election date, in 2024.
The last regular Council meeting, prior to November 8, 2022, at which the ordinance could be a
dopted would be October 27, 2022. Because ordinances generally require two readings (an “introduction” and an “adoption”), this means that the ordinance should be introduced no later than October 13, 2022.
ALIGNMENT WITH STRATEGIC PLANNING:
Thi
s item is consistent with Council’s Strategic Priority under the Good Governance Section. Specifically, this staff report addressed item 4C – Reduce Barriers to Participation.
FISCAL IMPACT:
Fi
scal impact is dependent on Council direction. An increase in Council member compensation and approval of a vehicle stipend would require a budget appropriation, which Staff would bring back to Council for approval at a future meeting.
Item 3C - 4
City Council Staff Report
September 1, 2022 – Page 5
City Council Compensation and Vehicle Stipend
REVIEWED BY:
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:
None.
Item 3C - 5