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HomeMy WebLinkAboutDanielle Tellez - 2024-01-16 ,/aNTIN T 2000 Main Street, ��-�^';�tie Huntington Beach,CA ,t- `; 92648 City of Huntington Beach APPROVED 7-0 ¢J N' 0UNi( / File #: 24-007 MEETING DATE: 1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Theresa St. Peter, Interim Human Resources Director Subject: Adopt Resolution 2024-03 appointing Danielle Tellez as Interim Director of Human Resources and approving the Employment Agreement Statement of Issue: The City is in the process of conducting a recruitment to fill the Director of Human Resources vacancy created by the resignation of the former Administrative Services Director on January 3, 2023. On December 20, 2022, the City Council approved the reorganization of the Administrative Services Department into separate Human Resources and Information Services Departments. The City Manager recommends the City Council approve the appointment of Danielle Tellez as Interim Director of Human Resources util the recruitment process for a permanent Director concludes. Financial Impact: No additional funding is requested. Funding is included in the FY 2023-24 budget. Recommended Action: A) Adopt Resolution No. 2024-03, "A Resolution of the City Council of the City of Huntington Beach Appointing Danielle Tellez as Interim Director of Human Resources;" and B) Approve and Authorize the City Manager to execute the "Employment Agreement between the City of Huntington Beach and Danielle Tellez. Alternative Action(s): Do not approve the Recommended Action and direct staff to present an alternative solution. Analysis: On December 20, 2022, the City Council approved the reorganization of the Administrative Services City of Huntington Beach Page 1 of 2 Printed on 1/10/2024 powereli14 LegistarTM File #: 24-007 MEETING DATE: 1/16/2024 Department into separate Human Resources and Information Services Departments. The reorganization was in response to the resignation of the Administrative Services Director on January 3, 2023, and to help meet the growing, complex demands of each operation. As such, the City is conducting a recruitment to fill the position of Director of Human Resources. To maintain the integrity of the City's services and provide executive leadership to the Human Resources Department, it is recommended that the City Council approve the appointment of Danielle Tellez to serve as the Interim Director of Human Resources through the conclusion of the recruitment process. The adoption of Resolution No. 2024-03 and the execution of Tellez's employment agreement is required by CaIPERS for employment of retired annuitants at the Department Head/Executive level pursuant to Government Code Section 21221(h). Ms.Tellez has over 25 years of experience in Human Resources including employment for Southern California public agencies and interim positions. The interim appointment of Danielle Tellez is compliant with California Government Code Section 21221(h). Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item Attachments) 1. Resolution No. 2024-03 2. Danielle Tellez Employment Agreement 3. Danielle Tellez Resume City of Huntington Beach Page 2 of 2 Printed on 1/10/2024 powerel1lb,LegistarTM RESOLUTION NO. 2024-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING DANIELLE TELLEZ AS INTERIM DIRECTOR OF HUMAN RESOURCES WHEREAS, 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,the City Council of the City of Huntington Beach desires to appoint Danielle Tellez as an Interim appointment retired annuitant to the vacant position of Director of Human Resources for the City of Huntington Beach under Government Code Section 21221(h), effective January 17,2024; and WHEREAS, an appointment under Government Code Section 21221(h)requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS,the governing body has authorized the search for a permanent appointment on February 6, 2023, and WHEREAS,this Government Code Section 21221(h) appointment shall only be made once and therefore will end on the pay period end date immediately preceding the beginning of the pay period of the permanent appointment, or by not later than January 16, 2025, whichever is earlier; and WHEREAS,the entire employment agreement, contract or appointment document between Danielle Tellez and the City of Huntington Beach has been reviewed by this body and is attached herein; 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 WHEREAS,the maximum monthly base salary for this position is $18,724.84 and the hourly equivalent is $108.03;the minimum monthly base salary for this position is $13,972.13 and the hourly equivalent is $80.61; and WHEREAS,the hourly rate paid to Danielle Tellez will be$108.03 and WHEREAS, Danielle Tellez 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 23-12402/301406 1 RESOLUTION NO. 2024-03 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Huntington Beach hereby certifies the nature of the employment of Danielle Tellez 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 Director of Human Resources for the City of Huntington Beach by January 17, 2024,because the City of Huntington Beach requires experienced Human Resource oversight at the department head level for the Human Resources Department serving a full service organization consisting of eleven departments and approximately 1,500 full time and part time employees. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of January, 2024. (Po Mkt' 1 r mot.l�. /, . Mayor REVIEWED APPRO ED: APPROVED FORM: ( C1 (fri Interim City Manager City Attorney INITIATED AND APPROVED: Interim Human Resources Director 23-12402/328084 2 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DANIELLE, TELLEZ THIS AGREEMENT is entered into this 16th day of January;2024,'between the City of Huntington 'Beach,.a Charter City and California municipal.corporation, '("City,")'and.Danielle. Tellez,.('Tellez"). RECITALS The City Manager may,appoint an Interim Director of Human Resources to assist the City., at such salaries or compensation as-the Council may by ordinance or resolution prescribe; and The City desires to temporarily employ the services of Tellez as an Interim Director Of Human Resources of the City of Huntington Beach;and It is the desire of the City to provide certain compensation, establish certain conditions of employment,,and"to'set working conditions of Tellez;and It is the desire of the City to: (1) Secure and retain the services of Tellez on a temporary basis as set forth herein, and to provide inducement for her to remain in such employment; and (2) To provide a means for terminating Tellez's service et such time as she may be unable fullyy to dischar9e her duties,the law requires, or when City may otherwise desire to terminate her employ; and By entering this Agreement,Tellez desires to acceptemploymentas an Interim Director of Human Resources of the City. NOW,THEREFORE, in consideration of the,mutual covenants here contained, the parties agree as follows; SECTION 1, DUTIES. City agrees to employ Tellez as an Interim Director of Human Resources of the City to perform the functions and duties of that office including under City Manager's-direction, generally providing-dep artment.management`and oversight as further set forth in the Class Specification of Director of Human Resources attached hereto as Exhibit "A,"the Municipal Code of the City of Huntington Beach and the City Charter,and to perform. other legally permissible duties and functions as Director of Human Resources as the City Manager shall from time to time assign. Tellez shall devote her full attention and effort to the office and perform the mentioned duties and functions in a professional manner. 23-12402/300432 SECTION 2. STATUS AND TERM. (a) Tellez shall serve fora definite term for no longer than one year commencing January 17, 2024, and ending on the pay period end date immediately preceding the beginning of the pay period of the permanent appointment, or by not later than Janaury 16, 2025 (Temporary Basis), NotWithstanding the Term of Employment, Tellez shall serve at the pleasure of the City Manager and shall be considered an at-will employee of the City in the capacity of retired annuitant, in compliance with all requirements and limitations as listed in Government. Code Sections 7522.56 and 21221(h), and any other relevant provisions of law, commencing upon execution of this agreement, and not to exceed a term of one(1) year. Tellez's total work hours from the effective date of this Agreement through January 16,2025, shall not exceed nine hundred ,sixty (960) hours per fiscal year, unless mutually agreedto by the City Manager and Tellez. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the tight of the City Manager to terminate the employment of Tellez at any time. (c) Tellez may resign at any time from her position with. the City as provided herein. The term "emplOyed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self-employment. However, shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Tellez's time off, and With the advance approval of the City Manager. SECTION 3, SALARY. City agrees to pay Tellez for her services rendered pursuant to this Agreement at Non-Associated Range NA0269, at$198.03. per hour (hourly salary), of the City's'classification and compensation plan or resolutions or ordinances from time- to-time enacted that govern such compensation for the position of Director of Human Resources. SECTION-4. OTHER BENEFITS. Tellez shall receive no benefits other than her hourly salary. SECTION 5. TERMINATION. .0) The City Manager may terminate the employment of Tellez at any time. Without advance notice, without just cause, and without payment of severance. (b) in the event Tellez voluntarily resigns, Tellez shall give the. City seven (7) calendar days written notice ;prior to the'last workday, unless the City 'Manager and Tellez otherwise .agree. '23-12402/300432 (c) it is understood that after notice Of termination in any form, Tellez and the City will cooperate to provide for an orderly transition, SECTION.6, FINANCIAL DISCLOSURE. (a) Tellez shall follow all State laws including the Political Reform Act In furtheranCe thereof, Tellez shall report to the City any ownership interest 'in real propeity within the County of Orange, excluding personal- residence. Such reporting shall be,made in writing by Tellez to the City within ten (10) calendar days of the execution of this Agreement,and, further, within ten (10) calendar days of acquisition of that interest in real property. _Additionally, Tellez shall report in writing to the City any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon receipt of notice by Tellez of the intended work or purchase. (b) In addition, Tellez shall 'annually complete and file a Form 700 Statement of Economic Interest with the City Clerk. SECTION 7. INDEMNIFICATION. City shall defend and indemnify Tellez in any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable 'or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Tellez's duties as an employee or officer of City,'other than an action brought by City against Tellez, or an action filed against City, by Tellez. In addition, the City shall reimburse Tellez documented reasonable expenses forthe travel, lodging, meals, of Tellez should Tellez be subject to such, should an action be pending after termination of Tellez. City shall be responsible for and have authority to compromise and settle any action,,with prior consultation with Tellez, and pay the amount of any settlement or judgment rendered on that action. Tellez shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 8. GENERAL PROVISIONS. (a) The text herein, including recitals, shall constitute the :entire Agreement between the parties. (b) This Agreement shall become effectiVe upOn, execution of this agreement. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall,remain in full force and effect. 3 23-12402/300,432 (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties here. IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by City Council, and Tellez has signed and executed this Agreement, both in duplicate, the day and year first above written. IE LE TELLEZ CITY MANAGER APPROVED 0 FORM: C ATTORNEY 4 23-12402/300432 Res. No. 2024-03 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 Regular meeting thereof held on January 16, 2024 by the following vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick NOES: None ABSENT: None RECUSE: None ed -4/114.141-4) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Danielle J. Tellez EXPERIENCE INTERIM HUMAN RESOURCES AND RISK MANAGEMENT MANAGER CITY OF MONTEREY PARK,CA I JULY 2021-APRIL 2023 Serve in Interim capacity to perform all functions of the City's Human Resources and Risk Management Department as Interim Manager to support newly hired Director INTERIM DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT CITY OF MONTEREY PARK,CA I MARCH,2020-JULY 2021 Serve in Interim capacity to perform all functions of the City's Human Resources and Risk Management Department DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT CITY OF COVINA,CA I JUNE 2015-AUGUST 2019 Manage all functions of the City's Human Resources and Risk Management Department,including,but not limited to: • Labor Relations o Serve as City's Chief Negotiator o Employee Investigations/Discipline/Engagement • Workers'Compensation Administration • Liability Program and Claims Administration o Self-Administered Program • Employee Development&Training • Benefits Administration • Risk Management Program Administration • Recruitment and Selection • Classification and Compensation • Serve as a key member of the City's Management Team HUMAN RESOURCES&RISK MANAGEMENT DIVISION MANAGER CITY OF MONROVIA I DECEMBER 2010 -JUNE 2015 Plan,lead,organize,coordinate and preform all functions of the City's Human Resources and Risk Management Department and serve as a key member of the City's Management Team. As a member of the Executive Management Team'collaborate to find solutions and establish best practices in support of excellent customer service and the organization's future. Lead in the administration of the City's human resources program, including recruitment and selection, classification and compensation, employee recognition,employee development and training,worker's compensation and liability claims administration, and risk management functions. Serve as an advisor to and in support of the City Manager, Department directors and all employees regarding human resource and risk management issues. Coach and develop human resources staff, establish best and modern practices to human resources systems, serve as chief negotiator in labor relations to three recognized employee bargaining units including Police,Fire and General 128 Page 12 employees. Conduct and coordinate confidential administrative investigations and recommend appropriate level of discipline;handle most litigated matters. SENIOR MANGMENT ANALYST CITY OF MONROVIA 1 JULY 2008-DECEMBER 2010 Continued to .perform duties outlined under Management Analyst II while assuming additional responsibilities. Trained subordinate staff to assume some tasks during transition. Additional activities included assisting HR Director with contract negotiations; attended meetings with three barging units and prepared comprehensive reports; researched and recommended language changes for memorandums of understanding; prepared and administered several vendor contracts; reviewed and approved evidence of liability and workers' compensation insurance certificates submitted by vendors and permit applicants; worked on special projects as assigned by the HR Director. MANAGEMENT ANALYST II CITY OF MONROVIA 1 MAY 2005—JULY 2008 Conduct salary and benefit surveys and prepare detailed reports; administered employee benefit programs; prepared,maintained and processed various personnel documents,files and records;tabulated,prepared and analyzed various reports and made recommendations to Human Resources Director; assisted with liability and workers' compensation claims administration; interpreted and explained Personnel Rules and Regulations, Memoranda of Understanding,City Administrative Policies,and Municipal Codes to internal and external Customers;developed and prepared personnel and safety related policies and procedures;prepared and presented written and oral reports relating to various Human Resources and Risk Management related subjects; conducted and coordinated special studies, audits, and projects as requested by the Human Resources Director.Performed job analysis as needed;prepared,scheduled,coordinated and administered a variety of written employment examinations, including POST certified testing; conducted and coordinated training and development programs; made oral presentations to City Council, Management, and employee groups;assisted in the preparation of the department budget;coordinated and tracked city-wide performance evaluation program; coordinated and tracked damage to City property claims; participated on various city- wide focus groups; respond to inquiries and advised or provided assistance regarding personnel or risk management matters: performed Live Scan fingerprinting as needed; conducted recruitment activities, including examination, interview and background processing; coordinated and processed employee leave requests;coordinated Safety/Wellness Program; prepared and ensured compliance with all Sate and Federal reporting requirements; reviewed, tracked and made recommendations on liability and workers' compensation insurance certificates submitted by vendors and permit applicants; developed and evaluated subordinate staff HUMAN RESCOURECES TECHNICIAN CITY OF MONROVIA 1 JUNE 2001—MAY 2005 Performed a variety of specialized technical and routine administrative duties related to various personnel and risk management functions,including recruitment and selection,benefit administration,classification and compensation studies, preparation and maintenance of various correspondence, including staff reports for City Council;maintain department files;assist with workers'compensation and liability claims administration, assist with supervision of subordinate staff. Respond to inquiries from employees, the public and other agencies regarding personnel and/or risk management matters;administration of Safety/Well ness Program; prepare all State and Federal compliance reports(EEO-4,OSHA 300,etc) 129 Page 13 ADMINISTRATIVE SECRETARY(PUBLIC WORKS DEPARTMENT) CITY OF MONROVIA( OCTOBER 1997-JUNE 2001 Performed a variety of complex secretarial and routine administrative tasks in support of the Director of Public Works and five Division Managers.Supervised and evaluated subordinate clerical staff; reviewed and edited staff reports; developed and typed various correspondence; responded to inquiries from employees and public;in-depth knowledge of public works policies,procedures and events;prepared department payroll and maintained department personnel and general files: assisted with annual budget preparation; took minutes and prepared agenda and minutes of Traffic Safety Committee;maintained petty cash and department expense journal;assisted with bid document preparation and noticing. ADMINISTARIVE CLERK II (PUBLIC WORKS DEPARTMENT) CITY OF MONROVIA I FEBRUARY 1997-OCTOBER 1997 Preformed a variety of general clerical work, including preparation of various documents; processed department invoices for payment; prepared annual purchase orders for five divisions; update departmental policies and procedures; dispatched public works crews to calls for service; assisted with preparation and noticing of various bids;compiled reports;assisted with Public works permit process;updated and maintained department filing system. EDUCATION California State Polytechnic University,Pomona Master of Public Administration Degree,2012 California State Polytechnic University,Pomona Bachelor of Science Degree,Business Administration, 2009 Emphasis in Human Resource Management AFFILIATIONS/ORGANIZATIONS • Independent Cities Risk Management Authority o Governing Board Member 2004-June 2015 o Claims Committee Chairperson 2013-June 2015 • Southern California Public Management Association-HR o Treasurer-2006-2008 o Board Member 2005-2008 • Public Agency Risk Managers Association • California Public Employees Labor Relations Association • Southern California Public Labor Relations Council • Council of Self-Insured Public Agencies REFRENCES Professional references available upon request. 130