Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000001

 

MEETING DATE:

03/26/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

District Attorney   (Approved)

Department contact person(s):

Matthew Pettit (714) 347-8440 

 

 

Keith Bogardus (714) 347-0511

 

 

Subject:  Appoint Extra Help Working Retirees-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:   $102,113

Annual Cost: $175,020

 

 

 

    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

   Levine Act Review Completed: N/A

 

    Prior Board Action:         N/A

 

RECOMMENDED ACTION(S):

 

Approve the appointments of Elizabeth Costello and Pamela Leitao as Extra Help Working Retiree Deputy District Attorney to perform critical legal services on behalf of the Orange County District Attorney’s Office pursuant to Section 7522.56(f) of the Public Employees' Pension Reform Act of 2013.

 

 

 

 

SUMMARY:

 

Approval of the appointments of Ms. Costello and Ms. Leitao as Extra Help Working Retiree Deputy District Attorneys will allow the candidates to perform critical legal services on behalf of the Orange County District Attorney’s Office.

 

 

 

BACKGROUND INFORMATION:

 

The Orange County District Attorney’s Office (DA) has identified the need to utilize two Extra Help Retirees for approximately 12 months because of their leadership and subject matter expertise in critical areas.

 

 

Sexual Assault and Management Expertise

There is a critical need to have Elizabeth Costello continue to work in the DA after her retirement in March 2024 and to waive the 180-day waiting period so she may begin working immediately.  The workload in the DA substantially exceeds the available personnel, and the shortage is particularly acute with respect to experienced attorneys.  Ms.  Costello has been a prosecutor for over 29 years and currently serves as Senior Assistant District Attorney, overseeing the Major Fraud, Sexual Assault, Insurance Fraud and Public Assistance, Gang Reduction Intervention Partnership (GRIP)/Gang Injunctions and Juvenile Justice Center. She has experience in multiple subject matter areas including sexual assault, training and recruitment of attorneys.  The Office needs Ms. Costello to begin working immediately following her retirement so she can continue to provide her expertise and leadership in these important areas of law.

 

Insurance Fraud Workers' Compensation Expertise

There is a critical need to have Pamela Leitao continue to work in the District Attorney’s Office after her retirement in March 2024 and to waive the 180-day waiting period so she may begin working immediately.  Ms.  Leitao does exceptional work in the Insurance Fraud Workers’ Compensation Applicant/Claimant Fraud Section. She continues to be the lead prosecutor and expert in applicant/claimant workers’ compensation fraud schemes in Orange County and the state. Claimant fraud has been and continues to be a significant problem in Orange County. It makes up the largest percentage of fraud referrals in the DA's workers' compensation insurance fraud program. Her years of experience in this field allow her to be on the forefront in combatting these fraud cases spearheading the DA’s efforts in Orange County. She diligently continues to work with California Department of Insurance and local agencies assisting in the investigations and prosecutions of fraudulent schemes. The Office needs Ms. Leitao to begin working immediately following her retirement so she can continue to provide her expertise in this important area of law.

 

The DA will be running a recuritment process to backfill the workload of these two positions during the next six to nine months.

Because both Ms. Costello and Ms. Leitao will be retired from their positions less than 180 days from the date of retirement, the appointments as Extra Help Retiree Deputy District Attorney require Board approval in order to comply with the Working Retiree Reemployment Policy and the Public Employees' Pension Reform Act of 2013, Section 7522.56 (f).

Upon Board approval of these appointments, Ms. Costello and Ms. Leitao will be supervised by Senior Assistant District Attorneys and the terms of their 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 these positions are included in the DA’s FY 2023-24 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