TITLE
Recommendation to adopt resolution approving an exception to the 180-day waiting period for Public Agencies pursuant to Government Code 7522.56 and 21224, to hire Brian Gregory Tuliau for a limited duration to work in the Financial Management Department. (Citywide)
DISCUSSION
On January 1, 2013, the Public Employees' Pension Reform Act added Sections 7522.56 and 21224 to the Government Code, which set forth post-retirement employment requirements applicable to all retirees who are employed by CalPERS employers on or after January 1, 2013. This change added the requirement that all retirees must wait 180 days after their retirement date before they are eligible to begin post-retirement employment with a CalPERS agency. An exception to the 180-day wait period can be made if a public agency certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed. The appointment must be approved by the governing body of the employer in a public meeting and may not be placed on a consent calendar.
The Financial Management Department requests City Council approval to hire Brian Gregory Tuliau, former Police Sergeant in the Police Department, as a Retired Annuitant-Management Support, effective August 25, 2021, for a limited duration, to provide critical oversight to the Business License Division. Mr. Tuliau will oversee the investigation and issuance of business licenses and entertainment permits, cannabis business licenses, enforcement field operations, identifying and bringing into compliance unlicensed businesses, and aiding various business organizations. The Business Services Officer plans, organizes, and directs Business License staff. There are also several City Council initiatives and cannabis equity initiatives linked to the Business License Division where appropriate management supervision is required to continue service levels and prevent further impact and delays. Mr. Tuliau retired as a Sergeant from the Long Beach Police Department after 27 years of service. He has experience in leadership, code enforcement, interagency collaboration, and knowledge of the law. He managed large teams of both officers and civilian staff, reviewed employee reports, completed performance reviews, trained patrol officers, and provided counseling. His experience coordinating public-facing services and multijurisdictional investigations, training in community engagement, and evidence gathering experience are uniquely helpful in the management of an administrative and field enforcement operation. Mr. Tuliau holds a Bachelor’s degree in Public Policy. The department will prioritize filling the vacancy for the position, but his continued involvement until the position is filled is imperative.
Since Mr. Tuliau’s proposed start date is less than the required 180-day waiting period subsequent to his retirement on April 16, 2021, City Council approval to hire Mr. Tuliau is required. The approved rate of pay will be $50.00 per hour. This amount represents the hourly rate that is within the minimum and maximum compensation paid to other employees performing comparable duties as listed in the City of Long Beach’s (City) publicly available pay schedule and will be funded by the Financial Management Department.
This matter was reviewed by Principal Deputy City Attorney Gary J. Anderson on August 9, 2021 and by Revenue Management Officer Geraldine Alejo on August 9, 2021.
TIMING CONSIDERATIONS
City Council action is requested on August 24, 2021, to ensure the continued support of the Financial Management Department Business License Division operations.
FISCAL IMPACT
The total annual cost is estimated to not exceed $51,672. The estimated cost is based on 960 hours over the CalPERS fiscal year ending June 30th, at a salary rate of $50.00 per hour plus Medicare and FICA. The actual cost will be based on hours worked and not expected to exceed 960 hours over the CalPERS fiscal year. The cost will be funded with departmental savings from the vacant Business Services Officer position budgeted in the General Fund Group in the Financial Management Department. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
JOE AMBROSINI
HUMAN RESOURCES DIRECTOR
APPROVED:
THOMAS B. MODICA
CITY MANAGER