SUBJECT
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APPROVAL OF THE TEMPORARY EMPLOYMENT OF TERI BUEHLER IN THE CRITICALLY NEEDED POSITION OF SENIOR INVESTIGATOR BEFORE 180-DAYS HAVE PASSED SINCE THE DATE OF RETIREMENT (DISTRICTS: ALL)
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OVERVIEW
County Counsel’s Senior Investigator, Teri Buehler, recently retired after many years of service to the County. Ms. Buehler’s experience included numerous complex investigations and investigatory assistance to the Office of Ethics and Compliance (OEC). Teri Buehler’s retirement with the San Diego County Employees’ Retirement Association (SDCERA) was effective March 31, 2023. The County of San Diego is in need of experienced investigators during a critical transition time over the next few months as the OEC hires and trains additional in-house investigators. However, the County Counsel’s ability to provide the assistance of experienced investigators is significantly limited during this transition.
The County Counsel Senior Investigator is responsible for coverage of high-level investigations throughout County departments. The County has a critical need to temporarily employ Ms. Buehler as a Senior Investigator to assist in the timely completion of pending investigations and the transition of investigations to OEC investigators.
According to California Government Code section 7522.56, a retired person shall not be employed by a public employer in the same public retirement system from which the retiree receives the benefit except either during an emergency to prevent stoppage of public business or because the retired person has skills need to perform work of limited duration. In addition, the retired person shall not be employed by an employer in the same retirement system for a period of 180 days following the date of retirement. An exception to this rule is when the employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed since the date of retirement. Such appointment must be approved by the governing body of the employer in a public meeting.
Today’s action will approve the employment of Teri Buehler as a retiree-rehire Senior Investigator to perform work of limited duration and which is critically needed before 180 days have passed since Ms. Buehler’s retirement date in order to assist in completing timely investigations and transition of high level investigations from departments into OEC.
RECOMMENDATION(S)
COUNTY COUNSEL, CLAUDIA G. SILVA,
Approve the temporary employment of Teri Buehler as a Senior Investigator that is critically needed before 180 days have passed since Ms. Buehler’s retirement date in order to assist in the transition of high level investigations from departments into OEC.
EQUITY IMPACT STATEMENT
The County of San Diego handles several highly sensitive investigations to ensure a safe and thriving workforce/workplace. Senior Investigators conduct the interviews and assess credibility for all ongoing investigations. The citizens of the County benefit when they know that complaints are promptly evaluated and investigated. With the recent vacancy in the position of Chief Ethics Officer, the continuity of the investigations is more important than ever.
Today’s action will ensure the ongoing investigations continue without delay or disruption, and transition from the current investigatory process to the OEC.
SUSTAINABILITY IMPACT STATEMENT
The proposed action provides stability and continuity in ongoing investigations and will ensure a continuous option for employee/public concerns.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year 2023-24 Operational Plan for the Office of County Counsel. If approved, this request will result in estimated costs of $46,330. The funding source is General Purpose Revenue. There will be no change in net General Fund cost and no additional staff years.
Under Government Code section 7522.56, a retired employee’s pay rate cannot be less than the minimum, nor exceed the maximum, paid by the County to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. Ms. Buehler will receive an hourly pay rate of $48.26 which is within the salary range for the County’s Senior Litigation Investigator classification as set forth in Appendix 1 of the Compensation Ordinance. Ms. Buehler will not receive any other compensation or fringe benefit and will not work more than 960 hours in a fiscal year.
BUSINESS IMPACT STATEMENT
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ADVISORY BOARD STATEMENT
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BACKGROUND
It is the mission of the County’s Office of Ethics and Compliance’s (OEC) to assist in fulfilling the County’s commitment to the highest standards of ethics and compliance. The OEC’s strategic plan includes improvement of the investigation process and to increase the quality and effectiveness of departmental responses. As part of this, OEC is implementing changes to investigation processes that will require additional personnel. OEC is in the process of hiring and training additional in-house investigators. The Office of County Counsel provides support, as needed, by offering investigators to assist OEC. However, the County Counsel does not have the staffing available to provide assistance during this transition. In addition, the OEC Chief Ethics Officer position recently became vacant and investigation cases remain pending.
The County Counsel Senior Investigator is responsible for coverage of high-level investigations. On March 31, 2023, the San Diego Office of County Counsel Senior Investigator, Teri Buehler, retired after many years of service to the County. Ms. Buehler’s years of experience and knowledge were an invaluable asset to the County. Teri Buehler is receiving a pension from the San Diego County Employees’ Retirement Association as of March 31, 2023. The County has a critical need to temporarily employ Ms. Buehler as a Senior Investigator to assist in completing timely investigations and the transition of investigations currently underway County-wide to the OEC’s in-coming investigators.
According to California Government Code section 7522.56, a retired person shall not be employed by a public employer in the same public retirement system from which the retiree receives the benefit except either during an emergency to prevent stoppage of public business or because the retired person has skills need to perform work of limited duration. In addition, the retired person shall not be employed by an employer in the same retirement system for a period of 180 days following the date of retirement. An exception to this rule is when the employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed since the date of retirement. Such appointment must be approved by the governing body of the employer in a public meeting.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s recommended action supports the Empower Strategic Initiative in the County of San Diego’s 2023-2028 Strategic Plan by optimizing the County’s available resources with services to maintain governance stability and ensure continuity of operations.
Respectfully submitted,
Smitha R. Arons
Chief Deputy County Counsel
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