Westminster City Council
SUBJECT
Title
Adopt a Resolution Approving an Exception to the 180-Day Waiting Period to Hire a CalPERS Retired Annuitant in Accordance with Government Code Sections 7522.56 and 21224.End
End
From: Darin Lenyi, Chief of Police
Requested by: Administration
Prepared by: Jodie Griner, Human Resources Director and Risk Management
____________________________________________________________
RECOMMENDED ACTION
Recommendation
Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING EXCEPTION TO THE CALPERS 180-DAY WAIT PERIOD.”
end
BACKGROUND
California Government Code Sections 7522.56 and 21221 (h) authorize the City to employ a retired CalPERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a retired annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed.
The Police Department seeks to utilize the temporary services of Stewart DeJong, a CalPERS Annuitant who retired on January 3, 2025, and a former Police Officer to assist in the Police Department’s Traffic Division. During the last nine years of his tenure as a full-time employee, Officer DeJong was assigned to our Traffic Division. Our Traffic Division has been operating without a Traffic Investigator and Officer DeJong assisted with that workload until he retired, leaving the Police Department without a Traffic Investigator. Hiring a Traffic Investigator continues to be a challenge, due to our department being young and with a lack of experience of working in the position. We tested for the position last summer and received zero applications. We are preparing to start another test to fill the position. The department had thirteen fatality collisions in 2024, which was the City’s second highest year for the most fatalities in a calendar year.
Officer DeJong will be handling felony and misdemeanor hit and run investigations, DUI court rejects/follow-up from the District Attorney’s Office, assisting with diagramming on the computer with post initial collision via the Trimble scanner reference fatality collisions, and front counter traffic reports. This will greatly help our Traffic Division until a permanent Traffic Investigator can be hired.
FISCAL IMPACT
The maximum expenditure will be $56,199 and will be absorbed in the current Police Department budget with no request for an additional appropriation to the Fiscal Year 2024-2025 Adopted Budget.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Staff recommends that the Mayor and City Council adopt a resolution approving an exception to the 180-day waiting period to hire retired annuitant, Officer Stewart De Jong, to fill a critical role as a Traffic Investigator in the Traffic Division so that the Police Department can meet the critical needs of the residents when needing safety services.
ATTACHMENTS
1. Resolution Approving 180-Day Waiting Period- De Jong, S
2. Temporary Employment Agreement with Retired CalPERS Annuitant- De Jong, S
3. Exhibit A- Traffic Investigator Job Description
4. Exhibit B- WPOA salary Schedule
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager