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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: August 28, 2007

Subject/Title: Adopt a Resolution approving the revised Police Officer Recruitment Incentive Program and authorizing the execution of Program documents

Prepared by: Denise Davies, Chief Finance Operations Officer
Patti Standley, Human Resources Manager

Submitted by: Pam Ehler, Director of Finance and Information Systems
Karen L. Chew, Assistant City Manager


RECOMMENDATION
Adopt a Resolution approving the revised Police Officer Recruitment Incentive Program (“Program”) and authorizing the execution of Program documents.

PREVIOUS ACTION
At the City Council meeting held on April 23, 2002, the City Council approved Resolution No. 2531 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.

BACKGROUND
The Police Officer Recruitment Incentive Program has proven to serve as a valuable recruitment tool by attracting a consistent flow of candidates for Police Officer recruitment efforts. The Program is comprised of five sections. Staff is recommending revisions to the first two components of the Program – the New Hire Bonus Plan and Silent Second Program.

Section one covers the New Hire Bonus Plan, formerly known as the Signing Bonus. Staff recommends revising the title of the Plan to specify New Hires. Additionally, staff recommends changing the payment of the first Bonus from “at beginning of full-time sworn employment” to “after successful completion of the Field Training Program”. At this point in time, the Police Department is just short of being fully staffed by three positions. However, due to various reasons, there have been occasions where newly hired Police Officers have received the two-thousand dollar ($2,000) bonus “at beginning of full-time sworn employment” as provided in the current Plan, but they are not here long enough to complete the Field Training Program which typically takes twelve to sixteen weeks to complete.

Payment to those individuals who do not continue their employment through the Field Training Program is not beneficial to the City. Therefore, staff recommends revising the Police Officer Recruitment Incentive Program to provide the two-thousand dollar ($2,000) bonus after successful completion of the Field Training Program. This will be beneficial to the City because the new employee will prove themselves when they complete the Field Training Program. Delayed payment of the initial bonus will benefit the new employee by providing incentive to successfully complete the Field Training Program and continue their career at the Brentwood Police Department.

Section two defines the Silent Second program that grants loans to police officers to assist in the purchase of a home in the City. Various changes to this section of the program include the following:

1. Limited participation - one time only.
2. Must have completed twelve (12) months of employment before submitting application. The Chief of Police may waive six (6) of the twelve (12) month period at his discretion on a case-by-case basis.
3. The home purchased is not required to be “new” construction.
4. Second Deed of Trust must be held under the same Title as the property. Spouse’s name is required to appear on documents.
5. City loan must retain second position as it relates to the Second Deed of Trust.
6. The program is limited to no more than twenty (20) loans at any given time. When the program limit is reached, Officers will be placed on a first-come, first-served waiting list and will be notified when a loan is available.
7. The City maximum loan amount may not exceed $30,000.
8. The property must be owner occupied.

The changes to the Silent Second program will define the parameters for use of the program and provide clarification to address issues that have arisen.

Section three defines a “finder’s fee” that provides any existing Brentwood employee that personally recruits a new applicant that becomes a new Sworn Officer with twenty (20) hours of additional vacation upon hire of the new Officer and another twenty (20) hours of vacation when the new Officer successfully completes probation.

Section four provides the Police Chief with the discretion to recommend offers of employment to veteran Police Officers at steps D or E when justified.

Section five sets the framework for the Program providing the Police Chief and City Manager with discretion and authority to negotiate, structure terms and conditions, and enter into signed agreements with new Officer candidates.

Finally, this Program may be terminated at any time by the City Council.

FISCAL IMPACT
Funds are included in the 2007/09 Operating Budget to support costs associated with the Police Officer Recruitment Incentive Program.

Attachment:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
APPROVING THE REVISED POLICE OFFICER RECRUITMENT INCENTIVE PROGRAM AND AUTHORIZING THE EXECUTION OF PROGRAM DOCUMENTS

WHEREAS, Police Departments across the State of California continue to have extreme difficulty recruiting and retaining Sworn Police Officers; and,

WHEREAS, the Brentwood Police Department (“Department”) has experienced this same difficulty; and,

WHEREAS, the Police Officer Recruitment Incentive Program (“Program) has served as a helpful recruitment tool over the five years it has been in use, reducing the Department’s shortage of Officers from eight (8) in 2002 to three (3) at the present time; and,

WHEREAS, various revisions to the Program will further assist the Department in attracting and retaining high quality Police Officers; and,

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood

A. Approves the revised Police Officer Recruitment Incentive Program, as shown in the attached Exhibit A, which includes the following revisions:

1. Pay newly hired Police Officers $2,000 after successful completion of the Field Training Program.

2. Silent Second Program will include the following restrictions:
A. Limited participation – one time only.
B. Application submitted after successful completion of twelve (12) months of employment. The Chief of Police may waive six (6) of the twelve (12) month period at his discretion on a case-by-case basis.
C. Home purchased is not required to be “new” construction.
D. Second Deed of Trust must be held under the same Title as the property. Spouse’s name will appear on documents.
E. City loan must retain second position as it relates to the Second Deed of Trust.
F. The program is limited to no more than twenty (20) loans at any given time. When the program limit is reached, Officers will be placed on a first-come, first-served waiting list and will be notified when a loan is available.
G. The maximum loan amount may not exceed thirty-thousand dollars and no cents ($30,000).
H. The property must be owner occupied.

B. Authorizes the City Manager or her designee to execute the Police Officer New Hire Bonus Agreement in the form attached hereto as Exhibit B and the Silent Second loan documents in the form attached hereto as Exhibit C with such minor revisions as may be approved by the City Manager or her designee in consultation with the City Attorney. The City Manager or her designee is further authorized to execute such other documents, such as refinance documents, as may be necessary to effectuate the Program.

C. Except as amended herein, Resolution No. 2531 remains in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on August 28, 2007 by the following vote:


Attachment:
Exhibit A – Police Officer Recruitment Incentive Program
Exhibit B – Police Officer New Hire Bonus Agreement
Exhibit C – Silent Second documents:
Agreement – Brentwood Police Officer Assistance Program
Promissory Note
Deed of Trust

Exhibit A

Police Officer Recruitment Incentive Program

1. New Hire Bonus Plan for New Lateral or Academy Graduate Sworn Police Officers
A. After successful completion of the Field Training Program = $ 2,000
B. At successful completion of the eighteen (18) month probationary period* = $ 3,000
C. At completion of 5 years of employment with Brentwood = $ 5,000
Total: $10,000

*payment will be delayed if probation is extended, up to an additional six months.

2. Silent Second
For up to a maximum number of twenty (20) loans at any given time for sworn Brentwood Police Officers purchasing a home in the City of Brentwood, the City will grant a loan in an amount not to exceed thirty-thousand dollars and no cents ($30,000) for a single-family home. When the program limit is reached, Officers will be placed on a first-come, first-served waiting list and will be notified when a loan is available.

This benefit is available to sworn Brentwood Police Officers one time, and only after they have been employed by the City of Brentwood for at least twelve months prior to applying for the loan. The Chief of Police may waive six (6) of the twelve (12) month period at his discretion on a case-by-case basis.

This program will be regulated by an agreement between the Police Officer and the City of Brentwood, and the recordation of a Second Deed of Trust upon the home. The agreement requires the home purchased to be owner-occupied. The Second Deed of Trust must be held under the same Title as the property. The spouse’s name is required to appear on documents and the City loan must retain second position as it relates to the Second Deed of Trust. The document will require the City to forgive five percent (5%) of the Silent Second every year for twenty (20) years. At the end of the twenty (20) year period, the agreement and Silent Second will sunset. This five percent (5%) per year will be reported in accordance with federal and state regulations.

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

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

4. Step for Step Hiring
To attract experienced Officers from other jurisdictions that are earning salary near the top steps of the City’s salary range, City Policy will continue to support the Chief’s discretion regarding the salary step that is most appropriate when hiring an experienced Officer.


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 retention tool for existing Officers. Existing Officers are not eligible for Items 1A-1C. 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 twenty percent (20%) of the force over the first three years and then reduced to no more than ten percent (10%) of the force thereafter. Participation is on a first come-first served basis.

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


Exhibit B

POLICE OFFICER NEW HIRE BONUS AGREEMENT

This Police Officer New Hire Bonus 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 as “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 and retention 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. Payment of New Hire 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. After employment by the City, the City shall pay to the Applicant the following Bonus payments:

A. After successful completion of the Field Training Program which typically takes an average of twelve weeks, the City shall pay to the Applicant, two-thousand dollars ($2,000).
B. Upon successful completion of the eighteen month (18-month) probationary period, the City shall pay Applicant, three-thousand dollars ($3,000). However, payment will be delayed if probation is extended, up to an additional six months.
C. Upon completion of five years of employment, the City shall pay to the Applicant, five-thousand dollars ($5,000).

3. Applicant’s Separation from Employment with the City of Brentwood. In the event of termination of Applicant’s employment with the City for any reason, the Applicant shall not be entitled to the remainder of the New Hire Bonus payments.

4. Term. The term of this Agreement shall commence on the Applicant’s date of hire by the City (“Effective Date”) and shall terminate five (5) years after the Effective Date.

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 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 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:
Donna Landeros
City Manager

Attest: Approved as to Form:


Margaret Wimberly Damien Brower
City Clerk City Attorney

cc: Employee Personnel File
Human Resources
Payroll
 

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