Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  22-000776

 

MEETING DATE:

09/13/22

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

District Attorney   (Approved)

Department contact person(s):

Glenn Robison (714) 347-8778 

 

 

Shawn Nelson (714) 347-8402

 

 

Subject:  Appointment of Retiree Public Employees' Pension Reform Act of 2013

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: GF: 50%, State: 50% (Prop 172)

County Audit in last 3 years: No

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

Approve the appointment of Arnell Rivera as Extra Help Working Retiree Senior Computer Forensic Examiner to conduct digital forensic examinations at the Orange County Regional Computer Forensics Laboratory on behalf of the Office of the District Attorney pursuant to Section 7522.56 (f) of the Public Employees' Pension Reform Act of 2013.

 

 

 

 

 

 

SUMMARY:

 

Approval of the appointment of Mr. Arnell Rivera as Extra Help Working Retiree Senior Computer Forensic Examiner will allow the candidate to conduct critical digital forensic investigations and to facilitate the transition to newly hired computer forensic examiners on behalf of the Orange County District Attorney’s Office.

 

 

 

BACKGROUND INFORMATION:

 

The Orange County Regional Computer Forensics Laboratory (OCRCFL) is a national network of Federal Bureau of Investigation- (FBI) sponsored, full-service forensic laboratories and training centers devoted entirely to the examination of digital evidence in support of federal, state, and local criminal and terrorism investigations. This lab is a collaboration of numerous law enforcement agencies including the Orange County District Attorney (OCDA), which manages the day-to-day operations of the lab through staff assigned from the Bureau of Investigation (Bureau).

 

OCRCFL is accredited by the American National Standards Institute - National Accreditation Board (ANAB).  ANAB is a non-governmental organization that provides accreditation services and training to public and private sector organizations.  ANAB is the largest accreditation body in North America and provides services in more than 75 countries.  ANAB assessors evaluate the laboratory’s ability to produce precise and accurate test and calibration data.  The facilities are regularly reassessed to ensure technical expertise is maintained.  The standard consists of general, structural, resource, process, and management system requirements that relate primarily to the operation and effectiveness of the laboratory’s quality management system.

 

To maintain the ANAB accreditation and comply with FBI guidelines, all OCRCFL examiners are required to pass an FBI background and the FBI's Digital Forensic Examiner Certification Program. These processes are time-consuming and costly. The FBI background typically takes five to ten months to complete, during which time the FBI contacts the candidate’s references and family worldwide. The Examiner Certification Program typically takes two years to complete and requires several two-week trips to FBI training centers on the east coast.

 

The OCRCFL currently has 23 forensic examiners and 4 managers for a total of 27 examiners.  The managers have minimal caseloads since they handle all of the administration and training duties for OCRCFL. Of the 23 forensic examiners, 12 are certified and 11 are trainees.  The OCDA commits one supervisor, three sworn investigators, and two civilian Computer Forensic Examiners to the OCRCFL.  Recently, two OCDA certified civilian examiners retired and have been replaced by new trainees who have been in the position less than six weeks.  This does not include the new examiners the other agencies have committed to OCRCFL.  

 

While the trainees complete their two-year training process, they must be shadowed by a certified examiner. It is the certified examiner’s responsibility to confirm all of the trainee’s examinations, verify the information, and sign off on the reports.  This training process is lengthy but imperative to maintain the ANAB certification.

 

Retired  Senior Computer Forensic Examiner Arnell Rivera

Mr. Rivera who retired on July 29, 2022, is a Senior Computer Forensic Examiner with 17 years of distinguished experience in the OCDA. Although the OCDA has hired a new computer forensic examiner, his replacement is required to complete both the FBI Background and Examiner Certification training before she can conduct digital forensic investigations at the OCRCFL.

 

As an Extra Help Working Retiree, Mr. Rivera will assist in training the 11 new computer forensic examiners and will work cases as needed.  His expedited return to service will prevent Mr. Rivera from having to complete another FBI Background and from having to re-certify as an FBI Digital Forensics Examiner. He will be able to immediately start conducting digital forensics examinations, and help with the lab’s backlog of cases as his replacement completes the two-year FBI Digital Forensic Examiner Certification Program. This will also allow him the opportunity to train the new forensic examiners to maintain the lab's high quality of work along with the ANAB certification.

 

There are no alternatives to hiring a working retiree since the two OCDA Computer Examiner positions are currently staffed. OCDA staff in both positions are currently in the process of completing the FBI Background and the FBI's Digital Forensic Examiner Certification Program, which will take approximately two  years to complete. Allowing Mr. Rivera to return immediately as an extra help employee will help with this two-year transition and help prevent disruption in the lab until the  new OCDA Computer Examiners can complete both their FBI Backgrounds and Digital Forensic Examiner Certification Program. 

 

Because Mr. Rivera has retired from his position less than 180 days from his proposed start date of September 14, 2022, his appointment as an Extra Help Working Retiree Senior Computer Forensic Examiner position will require Board of Supervisors (Board) approval in order to comply with the Public Employees’ Pension Reform Act of 2013.

 

Upon Board approval of this appointment, Mr. Rivera will be supervised by a Supervising Attorney’s Investigator and the terms of his employment will be governed by the County’s Working Retiree Reemployment Policy that limits assignments to no more than 960 hours per fiscal year at an hourly rate not to exceed 80 percent of the hourly rate that the employee earned at the time of retirement, or Step 1 of the of the salary range if 80 percent is less than Step 1.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this position are included in the OCDA’s FY 2022-23 Budget for Budget Control 026 and will be included in the budgeting process for future years. 

 

 

 

 

STAFFING IMPACT:

 

N/A

 

 

ATTACHMENT(S):

 

Attachment A - Government Code Section 7522.56
Attachment B - Working Retiree Reemployment Policy