To: Board of Supervisors
Department or Agency Name(s): District Attorney Office
Staff Name and Phone Number: Shane Lewis, 565-3150
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
District Attorney’s Office Appointment of Retiree Extra-Help
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Recommended Action:
Recommended action
Pursuant to Government Code §7522.56, approve the appointment of Caroline Fowler as a Deputy District Attorney IV Retiree Extra-Help, in order to fill a critically needed position within 180 days of her retirement, with an appointment date as early as March 17, 2021.
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Executive Summary:
Pursuant to the California Public Employees’ Pension Reform Act (PEPRA), Government Code §7522.56, an exception can be made to reappoint a retiree as extra-help provided the governing body certifies that the appointment is necessary to fill a critically needed position, in those circumstances where 180 days from the date of retirement has not yet passed. This approval must be in a noticed public meeting and not on a consent calendar. The District Attorney’s Office is requesting the appointment of Caroline Fowler as a Deputy District Attorney IV in a retiree extra-help capacity to provide assistance during FY 20/21 and FY 21/22 to assist in the investigation, filing and the prosecution of several specific complex criminal and civil crimes.
Discussion:
Pursuant to the California Public Employees’ Pension Reform Act (PEPRA), Government Code §7522.56, an exception can be made to reappoint a retiree as extra-help provided the governing body certifies that the appointment is necessary to fill a critically needed position, in those circumstances where 180 days from the date of retirement has not yet passed. This approval must be in a noticed public meeting and not on a consent calendar. PEPRA includes other requirements in order for a retiree to be eligible for an Extra-Help appointment, such as not having accepted a retirement incentive and not having accepted unemployment arising out of prior public appointment. The individual and delegated department staff have completed the Retiree Extra-Help Compliance Form certifying the appropriateness of the appointment.
Caroline Fowler served as a Deputy District Attorney IV and retired on October 15, 2020. She was with the County for almost 4.5 years and prosecuted complex criminal and civil matters. She has 37 years of litigation experience and served 15 years in the Santa Rosa City Attorney’s Office, including 7 years as the assistant to the City Attorney and 8 years as City Attorney. The assignment is temporary in nature and not expected to be ongoing.
The District Attorney Office has consulted with the Human Resources Department which is supportive of the recommended action.
In accordance with Government Code section 7522.56, the District Attorney Office is asking the Board certify as follows:
• Caroline Fowler’s appointment to Deputy District Attorney IV is necessary to fill a critically needed position within 180 days of her retirement date;
• Caroline Fowler did not accept retirement incentives upon her retirement;
• Caroline Fowler’s appointment shall not exceed 960 hours per year; and
• Caroline Fowler meets the requirement of being of normal retirement age.
If the Board of Supervisors makes the foregoing certifications, Caroline Fowler will be hired as of March 17, 2021, as a Deputy District Attorney IV, Retiree Extra-Help.
Prior Board Actions:
None
Fiscal Summary
|
Expenditures |
FY 20-21 Adopted |
FY21-22 Projected |
FY 22-23 Projected |
|
Budgeted Expenses |
$28,917 |
$63,610 |
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Additional Appropriation Requested |
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Total Expenditures |
$28,917 |
$63,610 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
$28,917 |
$63,610 |
|
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$28,917 |
$63,610 |
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Narrative Explanation of Fiscal Impacts:
The position will be funded by the Environmental and Consumer Law Division (ECLD) which enforces environmental and consumer protection laws that protect our citizens and environment as well as from those who would engage in fraudulent, dishonest or unlawful business practices. ECLD is funded by criminal and civil penalties.
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Staffing Impacts: None |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
This is a Retiree Extra-Help appointment; no permanent allocations are being added or changed.
Attachments:
None
Related Items “On File” with the Clerk of the Board:
None