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10A - MINUTES - 04-07-15
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10A - MINUTES - 04-07-15
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4/16/2015 5:09:54 PM
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4/16/2015 4:24:05 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
10A
Date
4/21/2015
Destruction Year
2020
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• Ann Salisbury, supports dedicated staff to patrol the parks; not fiscally <br />responsible to have police officer on overtime to patrol parks. <br />• Renee Hernandez, representative of part -time park rangers, request ranger's <br />employment contracts be extended; opined that PEPRA rule does not apply <br />since City actively recruiting; opined that ranger's oversight be maintained at <br />the City Yard and not the Police Department - important for continuity <br />purposes. <br />• Sandra Cortez, supports continued employment of part -time rangers to allow <br />for recruitment and training of new staff. <br />City Manager Cavazos provided update - no communication has been received <br />from PERS; City has had extensive discussion on the matter; liability to retain <br />part -time retired park rangers; City actively recruiting. <br />Council discussion ensued. <br />Councilmember Amezcua, supports temporary use of overtime until City hires <br />permanent park rangers. <br />Councilmember Reyna, questioned why April 18th set separation date? City <br />Manager Cavazos noted that initial separation notice rescinded and set to allow <br />PERS time to respond. Councilmember Reyna, asked if PERS obligated to <br />respond and the answer was no. <br />Councilmember Benavides, asked if the City has not received a response from <br />PERS, if that permits retention of annuitants to remain? Chief Assistant City <br />Attorney Sandoval indicated that no special skill or emergency exists that would <br />warrant retention of park rangers. Councilmember Benavides asked if exception <br />applied if City actively recruiting. Chief Assistant City Attorney responded that <br />fact pattern reviewed and determined that we were beyond time limit allowed. <br />Councilmember Martinez, concerned that City had retained other annuitants; <br />proposed 30 day extension and place cap on overtime, staff to return in 30 days <br />with update on recruitment; noted for the record that fiscally responsible to allow <br />overtime. <br />Councilmember Tinajero, legal opinion important; letter of the law that there are <br />no exceptions or transitional period; trust professional's opinion. City Manager <br />Cavazos explained that he has responsibility to protect the City and follow the <br />law; need to cover public safety at the parks. <br />Mayor Pro Tern Sarmiento, noted that it was important to follow the law and <br />support staff recommendation; no authority to influence separation of employees <br />- responsibility lays with City Manager; difference between black letter and case <br />law; supported use of police overtime, but community appears to support <br />existing program; concerned that recruitment has not been fruitful and concur <br />with 30 -day update until issue resolved. <br />CITY COUNCIL MINUTES 14 APRIL 7, 2015 <br />1 OA -14 <br />
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