Council Approves Resolution That Could Allow City Manager to Hire CalPERS Retiree as Interim Police Chief

The City Council on Monday approved a resolution allowing Interim City Manager Cynthia Kurtz to appoint a CalPERS retiree interim police chief.

The resolution also allows CalPERS retirees to be appointed to several other positions, including the interim general manager of the Water and Power Department and interim human resources director.

Councilman John Kennedy expressed his support for Deputy Chief Cheryl Moody during the meeting.

“We have the power to let the interim city manager know that when a vacancy is in the police department and we have a deputy chief, the deputy chief should serve as the interim power.

Anything else would be an insult to the community. I believe the current deputy chief deserves to be appointed the interim police chief,” Kennedy said.

“The deputy chief deserves to be elevated. Anything less than that would be an insult not just to the Black community, but the entire community.”

Councilmembers agreed that it was not in their purview to hire or fire a police chief and acknowledged the ability to do so sits with Kurtz. Kennedy said he was not suggesting the council make the decision.

“I think we should give maximum flexibility to the interim city manager,” said Mayor Victor Gordo.

Kurtz acknowledged that she could hire the full time chief, but has committed to only hiring interim department heads.

“It is correct I could make permanent appointments,” Kurtz said, “but I think it is important the next city manager you choose make their own team.”

Kurtz said the appointment of a chief is probably the most difficult decision a city manager will have to make.

“I have made no decision on the police chief,” Kurtz said.

She said she will talk to internal and external candidates.

The Council agenda lists a CalPERS retiree as a “possible source” for the position and gives Interim City Manager Cynthia Kurtz more latitude in hiring for those positions.

“The City is facing a series of vacancies in key positions during the coming weeks that will need to be filled promptly to ensure the continued smooth operation of city business,” according to a staff report in Monday’s agenda.

Both Police Chief John Perez and Human Resources Director Curtis have set the last day in their respective positions as January 7.

PWP General Manager Bawa is expected to leave city employment earlier, on December 30.

The city charter bars the City Council from interfering with the administrative service under the City Manager, including not attempting to direct or influence subordinates, which means that the council cannot direct the City Manager in the hiring process of those positions.

However, a CalPERS retiree must be approved by the City Council.

If the interim City Manager does not fill the position with a CalPERS retiree, the resolution is void. If the City Manager fills the position with a CalPERS retiree, a further condition of this solution will be ratification of the interim City Manager’s selection at a subsequent meeting of the City Council.

“It is imperative for the city to have continuous leadership in the Chief of Police, PWP General Manager, and Human Resources Director positions in order to ensure proper management and operation of their respective City departments to address the challenges created by the COVID-19 pandemic,” according to a city staff report. “As such, all hours worked by any CalPERS retiree appointed to these positions are subject to the waiver of the 960-hour limit and will not count toward the 960-hour per fiscal year limit so long as the COVID-19 state of emergency remains in effect.”