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CITY COUNCIL AGENDA ITEM NO. 23

Meeting Date: April 23, 2002

Subject/Title: Establish and adopt the Police Officer Recruitment Incentive Program, authorize the City Manager to approve agreements with Police Officers for the Silent Seconds as assistance in the purchase of new homes in the City of Brentwood, and authorize the Finance Director to manage the funding of this program flexibly through the use of the Community Facilities District and Sales Tax on New Commercial Development

Submitted by: J. Stevenson/M. Davies

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution establishing and adopting the Police Officer Recruitment Incentive Program, authorizing the City Manager to approve agreements with Police Officers for the Silent Seconds as assistance in the purchase of new homes in the City of Brentwood, and authorizing the Finance Director to manage the funding of this program flexibly through the use of the Community Facilities District and Sales Tax on New Commercial Development.

PREVIOUS ACTION
None.

BACKGROUND
Police Departments all over the State of California are having extreme difficulty in recruiting new Sworn Officers. The attached Police Officer Recruitment Incentive Program is the result of brainstorming by the City Manager and Police Chief in trying to resolve this critical issue. The City is currently eight officers short of our authorized number to meet the 1.5 officers per 1,000 population.

Many cities and counties currently offer signing bonuses and finders’ fees similar to the ones contained in the attached program. The City of Brentwood has a unique opportunity because of our growth and the cash flow it generates to improve on our recruiting tools. The Silent Second is a powerful tool for use in recruitment and maintenance of Officers that won’t cost anything up front, allowing the costs to be spread over a 20-year period.


FISCAL IMPACT
The following is staff’s best estimate of the cost of this program over the first two years.

First Year:
Signing Bonus (we are 8 officers short)
8 x $2,000 = $ 16,000
Silent Second (assume 5 officers)
5 x 5% x $28,900 = $ 7,225
Finders’ Fee (assume 3)
3 x 20 x $29/hour = $ 1,740 
First Year Total = $24,965

Second Year:
Signing Bonus (3 officers/year)
3 x $2,000 = $ 6,000
8 x $3,000 = 24,000
Silent Second (assume 5 officers plus last year’s 5)
10 x 5% x $28,900 = $14,450
Finders’ Fee (assume 3)
6 x 20 x $29/hour = $ 3,480
Second Year Total = $47,930

Once the programs are fully implemented, the total annual cost will be about $60,000 to $80,000 per year or equivalent to a 1% increase in the Police Budget. This would seem to be cheap insurance to assure a fully staffed department, and give the department the luxury of being very selective in their hiring practices.

The cost of this program will be funded through the Community Facilities District in normal years, and through Sales Tax on New Commercial Development if sufficient funding for any particular year is not available. The Finance Director is authorized to flexibly fund this program to the maximum benefit of the City.


Attachments:
Resolution
Police Officer Recruitment Incentive Policy
Sample Signing Bonus Reimbursement Agreement


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE POLICE OFFICER RECRUITMENT INCENTIVE PROGRAM, AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENTS WITH POLICE OFFICERS FOR SILENT SECONDS AS ASSISTANCE IN THE PURCHASE OF NEW HOMES IN THE CITY OF BRENTWOOD, AND AUTHORIZING THE FINANCE DIRECTOR TO MANAGE THE FUNDING OF THIS PROGRAM FLEXIBLY THROUGH THE USE OF THE COMMUNITY FACILITIES DISTRICT AND SALES TAX ON NEW COMMERCIAL DEVELOPMENT


WHEREAS, Police Departments all over the State of California are having extreme difficulty in recruiting new Sworn Officers; and

WHEREAS, the Brentwood Police Department is experiencing this same difficulty; and

WHEREAS, Brentwood is currently eight Sworn Police Officers short of the authorized Department strength; and

WHEREAS, recruiting tools are necessary to bring the Department to full strength and to maintain that Department strength; and

WHEREAS, Brentwood’s current growth gives it a unique opportunity to establish creative recruiting tools to improve the strength and quality of its Police Department.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the Police Officer Recruitment Incentive Program is hereby adopted.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to approve agreements with Police Officers for silent seconds as assistance in the purchase of new homes in the City of Brentwood.

BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to manage the funding of this program flexibly through the use of the Community Facilities District and Sales Tax on New Commercial Development as assistance in the purchase of new homes in the City of Brentwood.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 23rd day of April 2002 by the following vote:

Police Officer Recruitment Incentive Program

1. Signing Bonus for New Lateral or Academy Grad Sworn Police Officers
A. At beginning of full-time sworn employment = $ 2,000
B. At completion of the 18-month probationary period = $ 3,000
C. At 5 years = $ 5,000
TOTAL $ 10,000

2. Silent Second
For any sworn Brentwood Police Officer (new or existing) purchasing a new home in the City of Brentwood, the City will waive the Developer’s Infrastructure Fees, currently valued at $28,908.53 for a single-family home. This Silent Second will be an agreement between the Police Officer and the City of Brentwood, and will follow the Officer’s employment with the City, not ownership of that particular house. The document will require the City to forgive 5% of the Silent Second every year for 20 years. At the end of the 20-year period, the agreement and Silent Second will sunset. This 5% per year will be added to the officer’s W-2 at the end of each year as income.

If, for any reason, the Officer’s employment terminates with the City prior to the sunset date, the remaining amount of the loan is due and payable.

The City will pay 5% of the Silent Second to the Developer Fee account every year until the account is whole. Payments will be made out of the Community Facility District or the City’s General Fund, with the Finance Director being given the flexibility to manage the accounts to the maximum benefit of the City.

3. Finders’ Fee (20-20 Plan)
Any existing Brentwood employee that “brings in” a new applicant that becomes a new Sworn Officer shall receive 20 hours of additional vacation upon the new officer accepting full-time employment as a Sworn Brentwood Police Officer and another 20 hours of vacation upon the new officer’s completion of probation.

4. Step for Step Hiring
Current Police Department Policy is not to bring new officers into City service at any salary step over Step ‘C.’ This policy discourages the hiring of experienced officers from other jurisdictions that may already be at an equivalent Step of ‘D’ or ‘E.’ The new City Policy will be to leave the decision of what step to hire an experienced officer at up to the discretion of the Chief.

5. Management and Authority
Within the framework of this incentive program, the Police Chief and City Manager have the discretion and authority to negotiate, structure terms and conditions, and enter into signed agreements with new Officer candidates, and to make modifications and amendments to this program so long as the intent and integrity of the program is maintained. The costs and budget amounts are automatically increased by the Cost of Living or the adjusted Developer Fees annually. This program is intended to cover New and Existing Sworn Police Officers. The program acts as a recruiting tool for prospective Officers and as a maintenance tool for Existing Officers. Existing Officers are not eligible for Item 1A, but may be eligible for 1B or 1C depending on time of employment. In order to limit the City’s financial exposure in this program, participation in the Silent Second part of this program is limited to no more than 20% of the force over the first 3 years and then reduced to no more than 10% of the force thereafter. Participation is on a first come-first serve basis.

This program may be terminated at any time by the City Council.

SIGNING BONUS REIMBURSEMENT AGREEMENT – SAMPLE DOCUMENT

This Reimbursement Agreement (“Agreement”) is made this _______day of ______, 20___, by and between the City of Brentwood, a California municipal corporation (“City”), and _______________________________ (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively a “Parties”.

RECITALS

This Agreement is made with respect to the following facts:

A. The City has a responsibility to the public to seek highly qualified individuals to fill City staff positions.

B. Hiring highly qualified individuals for City staff positions is an efficient use of taxpayer funds and creates long term benefits which include better service to the public, enhancement of the City’s image, and less turnover of City staff.

C. Recruitment of highly qualified individuals is competitive and the City must offer comparable compensation and benefits to attract skilled candidates for City staff positions.

D. Effective methods of attracting highly qualified individuals to accept employment with the City include offering recruitment bonuses or “signing” bonuses.

AGREEMENT

NOW THEREFORE, in consideration of the following mutual promises and agreements, City and Applicant agree as follows:

1. Incorporation of Recitals. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this agreement.

2. City to Pay Signing Bonus. The Parties agree that the City has made an offer of employment to the Applicant, with all terms and conditions previously agreed to by the Parties. Upon employment by the City, the City shall pay to the Applicant the following bonus (“Signing Bonus”) payments:

A. Upon hire, the City shall pay to the Applicant, two-thousand dollars ($2,000). 
B. Upon completion of the 18 month probationary period, the City shall pay to the Applicant, three-thousand dollars ($3,000).
C. Upon completion of five years of employment, the City shall pay to the Applicant, five-thousand dollars ($5,000).

3. Applicant’s Reimbursement of Signing Bonus Payments. In the event of termination of Applicant’s employment with the City for any reason, the Applicant shall reimburse the City as detailed below:

A. If termination occurs before completion of the probationary period, Applicant shall reimburse the City for two-thousand dollars ($2,000).
B. If termination occurs before completion of five years of employment, Applicant shall reimburse the City for three-thousand dollars ($3,000).
C. If termination occurs before completion of ten years of employment, Applicant shall reimburse the City for five-thousand dollars ($5,000).
Such reimbursement shall be immediately due and payable without notice. Any unpaid balance of the Signing Bonus shall first be deducted from the Applicant’s final paycheck. In the event the final paycheck is not sufficient to pay the balance of the Signing Bonus, then any resultant balance must be paid, in full, with other resources of the Applicant. If the Applicant remains employed with the City beyond the terms defined above, the Applicant will have no obligation to repay any part of the Signing Bonus.

4. Term. The term of this Agreement shall commence on the Applicant’s date of hire by the City (“Effective Date”) and shall terminate ten (10) years after the Effective Date. The Applicant’s obligation to reimburse the City as provided in this Agreement shall survive the termination of this Agreement pursuant to this Section 4.

5. Nonwaiver of Rights or Remedies. The failure of a Party to exercise any one or more of its rights or remedies under this Agreement shall not constitute a waiver of that party’s right to enforce that right or seek that remedy in the future. No course of conduct or act of forbearance on any one or more occasions by any party to this Agreement shall preclude that party from asserting any right or remedy available to it in the future. No course of conduct or act of forbearance on any one or more occasions shall be deemed to be an implied modification of the terms of this Agreement.

6. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings of agreements. This Agreement may only be modified by a writing signed by both parties.

7. Attorney’s Fees. The Applicant shall pay all reasonable attorney’s fees and court costs incurred by the City in enforcing any right or remedy under this Agreement. 

8. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Contra Costa County.

9. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

CITY OF BRENTWOOD APPLICANT

By: By: 
John Stevenson [Employee Name]
City Manager

Attest: Approved as to Form:


Karen Diaz Dennis Beougher
City Clerk City Attorney

cc: Employee Personnel File