Phil-Press release regarding Chief of Police.doc
An adverse interpretation of Government Code Section 21221 has apparently forced the termination of Chief Charles Bennett effective the end of 2004. Bennett retired effective July 8, 2003 and started working again as a retiree and Acting Police Chief on July 9, 2003, after Joe Samuels left pending a formal resignation on August 25, 2003.
The California Public Employees Retirement System (CalPERS) allows retirees to work only 960 hours each calendar year after retirement, which is approximately equivalent to half a working year. Bennett used his allowable 960 hours during the last half of calendar year 2003 and again during the first half of calendar year 2004. After petition by the City Council, CalERS allowed Bennett and additional 960 hours in 2004, carrying him through the end of 2004.
It was assumed that Bennett would be automatically allowed by Government Code Section 21221(f) another 960 hours for calendar year 2005, carrying him through mid-1005 and allowing time to recruit a permanent chief. Apparently, CalPERS opined otherwise, effective forcing Bennett out.
A press release announcing the appointment of Captain Terry Hudson as Interim Police Chief is attached, and the West County Times story follows, as does the full text of Government Code Section 212221.
Richmond names interim chief Posted on Fri, Dec. 10, 2004 By Rebecca Rosen Lum CONTRA COSTA TIMES
Richmond Police Capt. Terry Hudson will take over as interim police chief while officials conduct a nationwide search for a permanent top cop, city officials announced Thursday.
Interim City Manager Phil Batchelor named Hudson, a 29-year department veteran, as acting chief after the state retirement board declined to extend a work waiver for interim Chief Charles Bennett, who officially retired but remained as chief since former Chief Joseph Samuels left in September 2003.
Hudson’s appointment will allow Bill Lindsay, who will takeover as city manager Feb. 14, to hire a permanent chief.
With longstanding vacancies in many executive posts, including police, fire, human resources and finance, Lindsay will have the opportunity to fill multiple key spots with his own hires.
Bennett, a strong voice for community policing, has enjoyed support of the City Council and community.
“Chief Bennett displayed talent and professional dedication of the highest order,” Batchelor said. “The Police Department and all of Richmond’s citizens have been well served.”
Hudson will take the helm of the 225-employee department Jan. 1. He joined as police officer in 1975.
Batchelor described Hudson as “an experienced, reliable and proven law enforcement administrator.”
In a prepared statement, Hudson said the department is “a second family” to him and he plans to support community policing.
“There’s simply no substitute for it,” Hudson said. “We will continue to keep the avenues of communication open between all of our officers and the people we serve. It works.”
Bennett, who joined the police force in 1980, said he would be “leaving his heart in the city of Richmond.”
21220. (a) A person who has been retired under this system, for service or for disability, may not be employed in any capacity thereafter by the state, the university, a school employer, or a contracting agency, unless the employment qualifies for service credit in the University of California Retirement System or the State Teachers’ Retirement Plan, unless he or she has first been reinstated from retirement pursuant to this chapter, or unless the employment, without reinstatement, is authorized by this article. A retired person whose employment without reinstatement is authorized by this article shall acquire no service credit or retirement rights under this part with respect to the employment. (b) Any retired member employed in violation of this article shall: (1) Reimburse this system for any retirement allowance received during the period or periods of employment that are in violation of law. (2) Pay to this system an amount of money equal to the employee contributions that would otherwise have been paid during the period or periods of unlawful employment, plus interest thereon. (3) Contribute toward reimbursement of this system for administrative expenses incurred in responding to this situation, to the extent the member is determined by the executive officer to be at fault. (c) Any public employer that employs a retired member in violation of this article shall: (1) Pay to this system an amount of money equal to employer contributions that would otherwise have been paid for the period or periods of time that the member is employed in violation of this article, plus interest thereon. (2) Contribute toward reimbursement of this system for administrative expenses incurred in responding to this situation, to the extent the employer is determined by the executive officer of this system to be at fault. 21220.5. A retired person who has not attained the normal retirement age shall have a bona fide separation in service to the extent required by the Internal Revenue Code, and the regulations promulgated thereunder, before working after retirement pursuant to this article. The board shall establish, by regulation, the criteria under which a bona fide separation is satisfied. 21221. A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system, as follows: (a) As a member of any board, commission, or advisory committee, upon appointment by the Governor, the Speaker of the Assembly, the President pro Tempore of the Senate, director of a state department, or the governing board of the contracting agency. However, the appointment shall not be deemed employment within the meaning of Division 4 (commencing with Section 3200) and Division 4.5 (commencing with Section 6100) of the Labor Code, and shall not provide a basis for the payment of workers’ compensation to a retired state employee or to his or her dependents. (b) As a school crossing guard. (c) As a juror or election officer. (d) As an elective officer on and after September 15, 1961. However, all rights and immunities which may have accrued under Section 21229 as it read prior to that section’s repeal during the 1969 Regular Session of the Legislature are hereby preserved. (e) As an appointive member of the governing body of a contracting agency. However, the compensation for that office shall not exceed one hundred dollars ($100) per month. (f) Upon appointment by the Legislature, or either house, or a legislative committee to a position deemed by the appointing power to be temporary in nature. (g) Upon employment by a contracting agency to a position found by the governing body, by resolution, to be available because of a leave of absence granted to a person on payroll status for a period not to exceed one year and found by the governing body to require specialized skills. The temporary employment shall be terminated at the end of the leave of absence. Appointments under this section shall be reported to the board and shall be accompanied by the resolution adopted by the governing body. (h) Upon appointment by the governing body of a contracting agency to a position deemed by the governing body to be of a limited duration and requiring specialized skills or during an emergency to prevent stoppage of public business. These appointments, in addition to any made pursuant to Section 21224, shall not exceed a total for all employers of 960-hours in any calendar year. When an appointment is expected to, or will, exceed 960-hours in any calendar year, the governing body shall request approval from the board to extend the temporary employment. The governing body shall present a resolution to the board requesting action to allow or disallow the employment extension. The resolution shall be presented prior to the expiration of the 960-hour maximum for the calendar year. The appointment shall continue until notification of the board’s decision is received by the governing body. The appointment shall be deemed approved if the board fails to take action within 60 days of receiving the request. Appointments under this subdivision may not exceed a total of one year. (i) Upon appointment by the Administrative Director of the Courts to the position of Court Security Coordinator, a position deemed temporary in nature and requiring the specialized skills and experience of a retired professional peace officer.