HomeMy WebLinkAboutCity Council - 2020-82 Resolution No. 2020-82
A RESOUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPOINTING JULIAN HARVEY
AS INTERIM CHIEF OF POLICE
WHEREAS, California Government Code Section 21221(h) of the Public Employees'
Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position
requiring specialized skills during recruitment for a permanent appointment, and provides that
such appointment will not subject the retired person to reinstatement from retirement or loss of
benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, Pursuant to California Government Code Section 21221(h), the City
Council of the City of Huntington Beach desires to appoint JULIAN HARVEY as an Interim
appointment retired annuitant to the vacant position of Police Chief for the City of Huntington
Beach effective November 13, 2020; and
WHEREAS, Governor Gavin Newsom issued Executive Order N-25-20 on March 12,
2020, temporarily suspending work hour limitations for retired annuitants to expedite emergency
response and recovery until the state of emergency is lifted to enhance California's ability to
respond to COVID-19; and
WHEREAS, the City Council of the City of Huntington Beach, and JULIAN HARVEY
certify that JULIAN HARVEY has not and will not receive a"Golden Handshake" or any other
type of retirement-related incentive; and
WHEREAS, Pursuant to Government Code Section 21221(h), an appointment of a retiree
to an interim position requires the public entity to conduct a recruitment for a permanent
appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment
of a Chief of Police on November 5, 2020, and
WHEREAS, Government Code Section 21221(h) allows for the appointment of an
interim one time. Therefore the interim position will end on the pay period end date immediately
preceding the beginning of the pay period of appointment of the permanent appointment, or not
later than November 4, 2021, whichever occurs first; and
WHEREAS, the entire employment agreement, contract or appointment document
between JULIAN HARVEYand the City of Huntington Beach has been reviewed by City Council
and is attached hereto; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor
exceed the maximum monthly base salary paid to other employees performing comparable
duties, divided by 173.333 to equal the hourly rate; and
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WHEREAS, the maximum monthly base salary for this position is $18,427.07 and the hourly
equivalent is $106.31; the minimum monthly base salary for this position is $14,875.47 and the
hourly equivalent is $85.82; and
WHEREAS, the hourly rate paid to JULIAN HARVEY will be $ 0 3 ; and
WHEREAS, JULIAN HARVEY has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate;
and
NOW,THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Huntington
Beach as follows:
1. The City Council of the City of Huntington Beach hereby certifies the nature of the
employment of JULIAN HARVEY as described herein and detailed in the attached
employment agreement/contract/appointment document and that this appointment is
necessary to fill the critically needed position of Chief of Police for the City of
Huntington Beach by November 5, 2020, because the City of Huntington Beach requires
experienced operational oversight at the department head level of its Uniform,
Investigations, Administrative Operations, Administrative Services, Professional
Standards, Training, and Community Support operations, including the oversight of
approximately 345 sworn and non-sworn personnel, and a $80 million budget for Fiscal
Year 2020/2021.
2. City Council further authorizes the search for a permanent Chief of Police.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a special
meeting thereof held on the 51h day of November, 2020.
yor
R ZEDD APPROVED INITIATED AND APPROVED
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City Manager Assistant City Manager
APPROVED AS TO FORM:
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Res. No. 2020-82
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of
said City, do hereby certify that the whole number of members of the City
Council of the City of Huntington Beach is seven; that the foregoing resolution
was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a special meeting thereof held on
November 5, 2020, by the following vote:
AYES: Posey, Delgleize, Hardy, Carr, Brenden
NOES: Semeta, Peterson
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California