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HomeMy WebLinkAboutResolution 2019-044 N.C.S. 04/01/2019Resolution No. 2019-044 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA FOR 180 -DAY WAIT PERIOD EXCEPTION (GOVERNMENT CODE SECTIONS 7522.56 AND 21221(H)) WHEREAS, in compliance with Govermnent Code section 7522.56 the City of Petaluma must provide Ca1PERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Cynthia Kasten, Ca1PERS ID 7994215724, retired from the City of Napa in the position of Human Resources Director, effective September 1, 2010; and WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is (date of 181St day after retirement) without this certification resolution; and WHEREAS, Government Code section 7522.56 provides that this exception to the 180 - day wait period shall not apply if the retiree accepts any retirement -related incentive; and WHEREAS, the City Council of the City of Petaluma and Cynthia Kasten certify that Cynthia Kasten has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, the Petaluma City Council hereby appoints Cynthia Kasten as an interim appointment retired annuitant to the vacant position of Human Resources Director for the City of Petaluma under Government Code section 21221(h), effective April 2, 2019; and WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the current status of this recruitment is open and active; and WHEREAS, this section 21221(h) appointment shall only be made once and therefore will end on August 1, 2019; and WHEREAS, the entire employment agreement, contract or appointment document between Cynthia Kasten and the City of Petaluma has been reviewed by this body and is attached and made a part of this resolution as Exhibit A; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and Resolution No. 2019-044 N.C.S. Page 1 WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $162,355.23 and the hourly equivalent is $78.06 per hour, and the minimum base salary for this position is $125,107.42 and the hourly equivalent is $60.15 per hour; and WHEREAS, the hourly rate paid to Cynthia Kasten will be $78.06 per hour; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PETALUMA, as follows: 1. The City Council hereby declares the above recitals to be true and collect and incorporated into this resolution as findings of the City Council. 2. The City Council hereby certifies the nature of the employment of Cynthia Kasten as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Human Resources Director for the City of Petaluma by April 2, 2019, because there are numerous important pending human resources matters requiring the attention of a Human Resources Director to assist the City's newly -appointed City Manager, including bargaining issues and other pending human resource matters. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the IS' day of April 2019, by the following vote: AYES: Mayor Barrett; Fischer; Healy; Kearney; King; Vice Mayor McDonnell; Miller NOES: None ABSENT: None ABSTAIN: None f ATTEST: cb,, City Clerk Mayor Resolution No, 2019-044 N.C.S. Page 2 Term Darrell A'Ay r U'Lyudo Fischer ' Mike Henly Gahe Kearney Dore King Kevdu Mcnonnell Knihy Miller Co a dlinambers HwOntt Resources 11 Engllsb Strecl Petolunla, Cd 94952 Phone (707) 773-4534 Fax (707) 927-191 / E-AINl: IINmmallrmin-cosQa ct. pe talnnla. ca. Its RlskI imagememDholston /'bone (707) 776-3780 Pay (707) 206.6035 Exhibit A Pose OFFIC E Box 61 PrTALUMA, CA 94953-0061 March 7, 2019 Cyndi hasten �. 308 Ashlar Drive Napa, CA 94558 Y (� V Dear Ms, sten: On behalf of the City of Petaluma, I atm pleased to offer you this limited duration refired annuitant assignment of Interior Human Resources Director in the Human Resources Department, Your start date will be Tuesday, April 2, 2019. This assignment is expected to last between three and four months but will end no later than August 1, 2019. Your salary will be $78.06 per hour. You will be assigned to a 35 -hour work week. In addition, the City will pay ,you a daily mileage allowance of $32 for every day that you return ]ionic from the work assignment, This is based on the 2019 IRS rate of $.58 per mile, multiplied by 54.4 miles, rounded up to the nearest dollar, and represents the round-trip distance from 308 Ashlar Drive in Napa to the City of Petaluma City Hall. This position is exempt, and therefore is not eligible for overtime under Fair Labor Standards Act regulations. Retired annuitants are not eligible for fringe benefits. Your employment status as a retired annuitant is at -will and is not. subject to the provisions of the Personnel System Rules and Regulations, Igor is it covered by a bargaining unit agreement with the City of Petaltuma. As an at -will employee, you have no guarantee or expectation of continued employment. At the City's sole discretion, this appointment may be terminated by the City at any time without prior notice. In such event, you will be entitled to no compensation beyond that earned prior to the termutation becoming effective, final determination on any aspect of your employment will come directly from me, as City Manager. California law prohibits appointment of a retired annuitant by a CalPERS employer if, during the 12 -month period before an appointment, you received unemployment insurance compensation for prior retired annuitant employment with any Ca1PERS employer. By accepting employment, your signattu-e on this letter also serves as certification that you comply with this requirement, As a retired annuitant, it is your responsibility to ensure your employment complies with California retirement law doling the entire course of your employment. A Guide to CALPERS Employment After Retirement dated February 2019 describes the potential consequences if you are found to be in violation of California retirement law: Resolution No. 2019-044 N.C.S. Page 3 "Mandatory reinstatement from retirement, retroactive to (lie date the unlawful employment occurred. If reinstated, you will be required to reimburse CalP1RS the amount of retirement allowance you received during the period of unlawful employment, In addition, through your employer, you will pay member contributions plus .interest owed retroactive to your reinstatement date, Reuistatement could make you ineligible for any health benefit entitlement, Golden Handshake service credit, or reciprocity benefit you may have from your current retirement." As an annuitant, you are encouraged to consult with. CalPERS representatives and/or legal. counsel or either advisers as appropriate to ensure the proposed employment complies with applicable retirement laws and regulations. The City of Petaluma does not participate in Social Security; however, you will be subject to the Medicare premium of 1.15%, You will be required to show specified documentation as proof of identity and proof of authorization to work in the United States. Please refer to the I-9 form in your new hire paperwork for a list of acceptable documents, Please signify your acceptance of this offer of employment by signing and returning this letter to the Human Resources Office, I look forward to working with you! Since 'e , Peggy Flynn City Manager CONDITION OP ACCEPTANCE OF TT -IIS EMPLOYMENT In view of an annuitant's responsibility to comply with applicable retirement laws and regulations and to the maximum extent permitted by law, t, for myself and my heirs and assigns fully release raid discharge and agree to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers concerning any and all liability arising from any non-compliance of my retired annuitant employment with applicable retirement laws or regulations. As evidenced by my signature, I do fully accept the terms and conditions of employment, as outlined above, with the City of Petaluma and certify that I have not received unemployment insurance compensation during the last twelve-month period far prior retired annuitant employment with any Ca1PERS employer, C Date Resolution No. 2019-044 N.C.S. Page 4