CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
2/28/2023
AGENDA ITEM
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
CARLO TOMAINO
CITY MANAGER
SUBJECT:
APPOINTMENT OF INTERIM CHIEF OF POLICE
Summary:
The Chief of Police position, a critical, key executive-level position responsible for managing operations of the Signal Hill Police Department, is currently vacant due to the retirement of former Chief. The City has been actively recruiting for a new Chief of Police since November 10, 2021. Carl D. Charles had been serving in the capacity of Interim Chief of Police as of November 9, 2021, and completed his appointment on February 2, 2023. As of February 3, 2023, Acting Police Captain Kelli Crigler is serving in a department oversight role. The appointment of an Interim Chief of Police is anticipated to be on March 1, 2023. To ensure continuity of operations and to provide the necessary leadership to the Police Department during this transitional time, the City Council will consider appointing Jonathan Arnold to serve as the Interim Chief of Police until a permanent Chief of Police is selected. Staff further anticipates that at the conclusion of Jonathan Arnold’s appointment as Interim Chief of Police, the City will retain his employment in an “extra help” position in accordance with the California Public Employees’ Retirement System (CalPERS) regulations to perform specialized work on a part-time basis for a limited duration to assist the department during the transition phase which includes the filling of a vacant Police Captain position.
Recommendations:
1. Determine an interim assignment to the vacant position of Chief of Police is a necessity for the secure, ongoing operations of the Police Department and that the position of Chief of Police requires specialized skills.
2. In accordance with CalPERS regulations, authorize the appointment of Jonathan Arnold to a limited-term appointment as Interim Chief of Police to end on the date immediately preceding the date on which the permanent replacement for the vacant position of Chief of Police commences his or her employment or, if earlier, the date that this appointment is terminated by the City Council or Jonathan Arnold, as being in the best interest of the City and the Police Department.
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3. Authorize the City Manager or designee to enter into an employment agreement with Jonathan Arnold as Interim Chief of Police in a form approved by the City Attorney.
4. Adopt a resolution, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA,
APPOINTING JONATHAN ARNOLD AS THE INTERIM CHIEF OF POLICE UNDER GOVERNMENT CODE SECTION 21221(h)
Fiscal Impact:
There is no fiscal impact associated with the recommended actions as the hourly rate of pay for the Interim Chief of Police appointment and the “extra help” position will be funded through salary savings resulting from the vacant positions of Chief of Police and Police Captain.
Due to the active status as a CalPERS retired annuitant, State law limits the compensation that may be paid to Jonathan Arnold for his service as Interim Chief of Police. Compensation must be within the salary range previously established by the City Council for the Police Chief and set forth in the City’s publicly available pay schedule. Jonathan Arnold will be paid an hourly rate of $103.76. State law prohibits this Interim appointment for a vacant position from receiving any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate of pay for hours worked. The vacant positions of Chief of Police and Police Captain salaries are included in the budget and therefore no budget adjustment or appropriation is necessary for the interim (vacant position) and extra help appointments.
Strategic Plan Objectives:
Goal No. 2: Ensure that public safety is a high priority.
Goal No. 5: Ensure an enhanced quality of life for residents of the City.
Background:
Former Chief of Police Christopher Nunley retired on September 17, 2021. The City contracted with Bob Hall and Associates to manage the recruitment to fill the vacant Chief of Police position. The recruitment was opened on November 10, 2021, and subsequently reopened on January 19, 2023.
Given the selection and required background process, a new Chief of Police is not anticipated to be on-board until approximately June 2023. Police Department oversight is currently under the responsibility of Acting Police Captain Kelli Crigler and an Interim Chief of Police appointment is anticipated to be on March 1, 2023.
The Chief of Police position requires specialized skills and experience. Due to the length of time necessary to identify a top candidate for the regular full-time position, it is necessary to appoint an Interim Chief with extensive experience and superior leadership qualities to ensure continuity of operations and lead the department during this transitional time.
There are a number of state laws and regulations governing post-retirement employment of a CalPERS retired annuitant. Under Government Code Section 21221(h), the governing body of the contracting agency, i.e. the City Council, is authorized to appoint a qualified retiree to fill a vacant CITY OF SIGNAL HILL Page 2 of 4 Printed on 2/23/2023
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contracting agency, i.e. the City Council, is authorized to appoint a qualified retiree to fill a vacant executive or management position on an interim basis during the recruitment to fill the vacant position. Further, Government Code Sections 7522.56 and 21224 provide restrictions for employment of retired annuitants in “extra help” positions. Such appointments by the hiring authority require a retired annuitant to possess specialized skills, knowledge, and experience to perform special project work of limited duration.
Analysis:
The City Council identified Jonathan Arnold as possessing the necessary experience and specialized skills to fill the position of Chief of Police on an interim basis as a CalPERS retired annuitant during the recruitment for a regular full-time Chief of Police. Jonathan Arnold’s qualifications include approximately 40 years of progressively responsible sworn law enforcement experience including 10 years as Chief of Police/Director of Public Safety and Emergency Management for Coast Community College District/Golden West College and 30 years with the City of Huntington Beach Police Department promoting among the ranks from Police Officer to Police Captain. In addition, Jonathan Arnold possesses approximately 8 years of combined employment and consulting experience in security operations. His completed formal education includes a Bachelor of Science in Criminology from California State University, Long Beach and a Master of Science in Business Management from California State Polytechnic University, Pomona. Professional memberships/affiliations include the California University and College Police Chiefs Association, FBI National Academy Associates, Association of Threat Assessment Professionals, National Association of Behavioral Intervention Teams, ASIS Certified Protection Professional.
Jonathan Arnold is willing to serve as Interim Chief of Police while the position remains vacant and the City recruits for a regular full-time Chief of Police and further agrees upon the end of his Interim appointment, to serve in an “extra help” position with the City on a part-time basis for a limited duration to perform special project work during the transition period of a new Chief of Police.
As a retired annuitant with the CalPERS, the governing body of the City must authorize the interim appointment of Jonathan Arnold. Failure to obtain this authority may subject the retired annuitant and the City to penalties, up to, and including, the employee’s forfeiture of earned retirement benefits.
CalPERS rules generally prohibit hiring retired annuitants into permanent or regular staff positions without reinstatement from retirement unless the interim appointment is in compliance with Government Code Section 2122(h).
Government Code §21221 (h) - Interim appointment for Jonathan Arnold:
· Possesses specialized skills in the field of law enforcement management. · Appointment as Interim Chief of Police will only be one time for a period of limited duration. · Hours of work shall not exceed a combined total of 960 for all CalPERS employers during any fiscal year (July 1 - June 30).
· Compensation for Interim Chief of Police shall not exceed the maximum monthly base salary paid to other employees performing comparable duties, that being equivalent to $103.76 per hour.
· Shall not include any benefits, incentives, compensation in lieu of benefits, or any other forms CITY OF SIGNAL HILL Page 3 of 4 Printed on 2/23/2023
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of compensation in addition to the hourly rate.
The retired annuitant employment restrictions for “extra help” positions are authorized by Government Code sections 7522.56 and 21224. Generally, as Interim appointments, these restrictions include limited-duration work; compensation cannot be less than the minimum or exceed the maximum paid to other employees performing comparable duties for a position listed in the employer’s publicly available pay schedule; 960 hour limit in a fiscal year (July 1 - June 30) for employment with all CalPERS employers combined; and, cannot have received unemployment insurance benefits for prior retired annuitant work for any CalPERS employer within 12 months prior to an appointment date.
The projects assigned to the interim Chief of Police will include:
· Direct the operations and services of the Police Department. · Review departmental rules, procedures and policies and ensure their enforcement. · Review training programs.
· Participate in the preparation and administration of the department budget. · Supervise, train, and evaluate employees.
· Monitor applicable state and federal laws.
· Facilitate an independent organizational assessment including review of organizational structure, management systems, operations, staffing levels, training standards, supervisory span of control, calls for service, community programs, and equipment and technology. · Evaluate the organizational culture.
Reviewed:
_________________________
Sharon del Rosario
Attachments:
A. Interim Chief of Police Resolution
B. Interim Chief of Police Employment Agreement
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