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HomeMy WebLinkAbout01/23/2007, C5 - REQUEST TO ALLOW TEMPORARY EMPLOYMENT OF A RETIREE BEYOND 960 HOURS IN A FISCAL YEAR council Nl�°,°°� January 23,2007 j ac,EnoA Pwpont 6.N..6Gs C I T Y O F S A N L U I S O B I S P O FROM: John Callahan, Fire Chief SUBJECT: REQUEST TO ALLOW TEMPORARY EMPLOYMENT OF A RETIREE BEYOND 960 HOURS IN A FISCAL YEAR CAO RECOMMENDATION Adopt a resolution requesting an extension of temporary employment beyond the retired CalPERS member annual 960-hour limitation for Fire Marshal James Tringham. DISCUSSION Although most cities our size have full-time Fire Marshals, because of budget reductions, San Luis Obispo has had only a part-time Fire Marshal for the last several years. Fire Marshal James Tringham, a Ca1PERS retiree, has been working on a part time basis since August 1, 2003. One of the duties of the Fire Marshal is to review and approve new development projects. With the recent increase in proposed projects, larger and more complex projects being proposed for the Downtown Corridor; and with increased activities in the Hazardous Materials/Certified Unified Program Agency (CUPA) Program, it has become necessary for Fire Marshal Tringham to increase his work hours. As a CalPERS retiree, Fire Marshal Tringham cannot be employed by another CalPERS contracting agency for more than 960 hours per fiscal year. If this were to occur, penalties may be imposed by CaIPERS upon both employer and employee. It is anticipated, due to the increased workload, that Fire Marshal Tringham may surpass this limit in fiscal year 2006-07. California Government Code Section 212.21(h) states, "When an appointment is expected to, or will, exceed 960 hours in any fiscal year, the governing body shall request approval from the (CalPERS) board to extend the temporary employment. The governing body shall present a resolution to the board requesting action to allow or disallow the employment extension." Therefore, staff is requesting City Council adopt the attached Resolution requesting CalPERS allow extension of Fire Marshal Tringham's employment beyond the 960 hour per fiscal year limit, thereby allowing him to continue in his current position through June 30, 2007, on a full- time basis. While these major projects will not be completed by the end of the fiscal year, staff anticipates these projects will not require as much staff time once the construction projects are under way. In addition, an option to reestablish a full-time Fire Marshal position will most likely be considered in the 2007-09 Financial Plan process, consistent with the issues raised during the revenue ballot measure decision. Thus, the special allowance from CalPERS will only be necessary in this current fiscal year. CAR—Request to Allow Temporary Employment Page 2 Of a Retiree Beyond 960 Hours in a Fiscal Year FISCAL IMPACT All CUPAs and PAs (Participating Agencies) are required by the State to develop and implement enforcement policies for violations of the various hazardous materials regulations. These regulations govern underground storage tanks, hazardous materials handlers, and generators of hazardous waste. The enforcement vehicle used by CUPAs and PAs is an Administrative Enforcement Order whereby violations are documented, and then a penalty matrix developed by the state is used to determine a penalty based on risk to the environment, chronic violations, or actual harm to life or the environment. A settlement hearing is generally conducted with the facility owner or operator to arrive at a final settlement amount after full compliance has been documented. Funds received through this process are kept in a specific account to allow for tracking and auditing purposes. In general, the funds are to be used to support CUPA programs, enforcement, staffing, equipment, materials and supplies, etc. Through such enforcement actions in which Fire Marshal Tringham has been involved, the City has collected penalties. The cost for the increase in hours for Jim Tringham (not to exceed $41,000) will be offset by the $80,000 in penalties currently available. ALTERNATIVE Council could choose to not approve this request limiting Fire Marshal Jim Tringham to 960 hours total. This will result in a slower approval process for larger projects. ATTACHMENTS 1. Resolution 2. California Government Code Section 21221(h) G:\Agenda-0rdinances-Reso1\Req to CalPers-Increase Tringham Hrs.doc ATTACHMENT I RESOLUTION NO. (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO EXTEND TEMPORARY EMPLOYMENT BEYOND THE 960-HOUR LIMITATION FOR TEMPORARY EMPLOYMENT OF A RETIREE WHEREAS, the City of San Luis Obispo entered into an Employment Agreement for Professional Services with James William Tringham on August 1, 2003 to act as the City's Fire Marshal; and WHEREAS, Mr. Tringham has the specialized skills required to develop and implement enforcement policies for violations of the various hazardous materials regulations and to supervise fire and life safety inspection services; and WHEREAS, Mr. Tringham retired from another Ca1PERS member agency on July 31, 2001, and he is currently a member of the California Public Employees Retirement System (CalPERS); and WHEREAS, Mr. Tringham began his 960 hours of temporary employment for this fiscal year on July 1, 2006; and WHEREAS, Mr. Tringham will reach his maximum number of hours allowed, 960, on approximately February 1, 2007; and WHEREAS, San Luis Obispo City desires to employ Mr. Tringham for a period not to exceed an additional 800 hours beyond the 960-hour limitation in order to provide fire and life safety inspection services including supervision of the Hazard Materials, Plan Review, and New Construction Inspections (of which an unprecedented number are currently in process); and WHEREAS, Ca1PERS regulations allow for an extension of the 960-Hour limitation in certain circumstances and not to exceed one year; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it requests the Ca1PERS Board of Administration allow extension of temporary employment beyond the 960-hour limitation for James Tringham, thereby allowing him to work an approximately 800 additional hours of employment for a total of 1,760 hours for fiscal year 2006-07. Resolution No. (2007) ATTACHMENT T I Page 2 Upon motion of seconded by and on the following vote: YES: NOES: ABSENT: The foregoing resolution was adopted this day of 2007. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jo P. Lowell City Attorney ATTACHMENT �- CALIFORNIA GOVERNMENT CODE SECTION 21221(h) 21221. A retired person may serve without reinstatement from. retirement or loss or interruption of benefits provided by this system, as follows: (h) Upon appointment by the governing body of a contracting agency to a position deemed by the governing body to be of a limited duration and requiring specialized skills or during an emergency to prevent stoppage of public business. These appointments, in addition to any made pursuant to Section 21224, shall not exceed a total for all employers of 960 hours in any fiscal year. When an appointment is expected to, or will, exceed 960 hours in any fiscal year, the governing body shall request approval from the board to extend the temporary employment. The governing body shall present a resolution to the board requesting action to allow or disallow the employment extension. The resolution shall be presented prior to the expiration of the 960 hour maximum for the fiscal year. The appointment shall continue until notification of the board's decision is received by the governing body. The appointment shall be deemed approved if the board fails to take action within 60 days of receiving the request. Appointments under this subdivision may not exceed a total of 12 months. C s-s'