Randy Fenn, the current Police Chief, is leaving City employment on May 22, 2020. City staff is currently working with a recruitment firm to hire a new Police Chief by the end of the summer. However, the Department needs an interim police chief to lead and manage the department until a new police chief is hired.
Walter B. Tibbet has over 40 years of law enforcement experience. He has had leadership positions in multiple jurisdictions and most recently, he served as Police Chief for the City of Fairfield from 2010 until his retirement in 2015.
He has the requisite experience and knowledge to lead the Police Department during the search for a permanent replacement. He will help With his leadership, he will help the Department to continue to be an effective law enforcement agency.
State law specifies strict standards for the appointment of an interim Police Chief who is a CalPERS retired annuitant. Specifically, a retired annuitant can be paid no more and no less than the specified range for the existing position, calculated on an hourly rate basis. Further, a retired annuitant cannot receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate. As a result, Mr. Tibbet will not be receiving the benefits typically provided to Police Chiefs.
Mr. Tibbet has agreed to a monthly salary of $20,619 per month, or $118.96 as an hourly rate, which is the current salary for the Police Chief position. Since he will not be receiving pension, health care benefits or any other benefits or form of compensation from the City, the total cost of compensation for Mr. Tibbet will be less than currently budgeted for the Police Chief position.
If adopted, Mr. Tibbet’s appointment will start on May 25, 2020 and continue until November 25, 2020 unless terminated earlier by the City Manager or Mr. Tibbet. There are no severance payments provided with this interim appointment.
Government Code Sections 7522.56(d) and 21221(h) address the temporary employment of retirees in accordance with CalPERS. These sections permit the City Council to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment and provide that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours each fiscal year.
Governor Newsom issued Executive Order N-25-20 to assist local jurisdictions with their response to the COVID-19 emergency by temporarily waiving the 960 hour limit for retired annuitants who are hired to help local jurisdictions during this crisis. Mr. Tibbet's appointment as the City's Interim Police Chief will ensure continuity during the COVID-19 emergency. Therefore, staff will work with the Interim Police Chief to make sure hours he spends working directly on the City's COVID-19 response are accounted for pursuant to Executive Order N-25-20.