For City Council Meeting May 28, 2024
TO: Honorable Mayor and City Council
APPROVAL: G. Michael Milhiser, Interim City Manager
FROM: Mark P. Kling, Chief of Police
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Request City Council to Adopt Resolution No. 8230 Appointing an Interim Police Captain and Approve the Employment Agreement with Mr. Andrew Karol, Retired Rialto Police Captain.
(ACTION)
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RECOMMENDATION
Staff recommends that the City Council Approve the Resolution No. 8230 appointing Mr. Andrew Karol as the Interim Police Captain and approve the Employment Agreement.
BACKGROUND
On May 28. 2024, staff requested Council approval to proceed with the recruitment of a Police Captain. One of two Police Captains has announced his acceptance of an executive sworn police position with another city, effective on June 2, 2024, leaving the City with an immediate need for a seasoned professional to serve as Interim Police Captain, while the City conducts its internal recruitment to formally and permanently fill the vacancy.
Mr. Andrew Karol, retired Rialto Police Captain, with over twenty-three years experience as a police officer, is available to assist the City in an interim capacity. Mr. Karol possesses extensive experience in the field of police work including command, administration and reporting, crime prevention and patrol, narcotics, property and evidence, community relations, grants, records, communications, traffic, animal control, internal affairs and investigations.
Mr. Karol is a retiree under the California Public Employees’ Retirement System (CalPERS). In that regard, to remain retired, Mr. Karol can only work for Rialto, a CalPERS employer, pursuant to a retired annuitant appointment and 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.
In addition, CalPERS requires the City have an active recruitment for the permanent Police Captain position, as stipulated in Government Code Section 21221(h), which reads in part: “A retired person may serve without reinstatement from retirement or loss or interruption of benefits as provided by:
(h) Upon interim appointment by the governing board of a contracting agency to a vacant position during recruitment for a permanent appointment and deemed by the governing body to require specialized skills or during an emergency to prevent the stoppage of public business…” Rialto’s recruitment for the Police Captain was published the week of May 27, 2024, just prior to the retired annuitant’s appointment of Interim Police Captain.
The appointment of Andrew Karol as Interim Police Captain is in best interest of the City. The appointment allows for continuity, leadership, and minimizes disruption to vital police services and command while the City transitions to a new permanent Police Captain. Under Government Code Section 21221(h), an agreement with Mr. Karol, a CalPERS retiree, must be adopted by resolution of the City Council. Mr. Karol can only be appointed once to the vacant position.
ANALYSIS/DISCUSSION
The proposed terms of the labor agreement will provide the following:
LIMITED TERM: The appointment shall be limited from June 3, 2024 to June 30, 2025, (or less depending on when the permanent Police Captain is hired).
COMPENSATION: As the Interim Police Captain, the hourly rate shall be $92.49 (the equivalent of $16,031 per month if working 40 hours per week). This is the highest step of the current Rialto compensation schedule for the Police Captain. In the event the compensation schedule increases, the hourly rate will be adjusted as approved by the City Council and within the updated published table. There shall be no benefit, incentive, 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. Karol will warrant that he has not received unemployment insurance payments in the last 12 months for previous retired annuitant work with any other CalPERS employer.
EMPLOYMENT SCHEDULE. The schedule shall be flexible up to 40 hours per week during the first several weeks to allow the Interim Police Captain to properly assess operations and address priorities.
VEHICLE AND EQUIPMENT: The Interim Police Captain shall be furnished with a vehicle, uniform, and safety equipment (as needed) to carry out the functions of the job.
ENROLLMENT IN MYCALPERS SYSTEM: Mr. Karol will be enrolled as a retired annuitant and the pay-rate with hours worked will be reported in the my CalPERS system. No retirement contributions are reported by the City for retired annuitants.
ENVIRONMENTAL IMPACT
The proposed action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney has reviewed this staff report and its attachments, including the summary of CalPERS restrictions.
FINANCIAL IMPACT
The net costs to the City from the appointment of the Interim Police Captain are $92.49 per hour, as specified in the agreement. If working the full 960 hours per fiscal year, the costs shall not exceed $88,790. Funding for this appointment will be absorbed in the already budgeted Police Captain position. Once the vacancy occurs there will also be salary savings which will offset the costs expected with the retired annuitant.
Operating Budget Impact This action has no impact.
Capital Budget Impact This action has no impact.