STAFF REPORT TO THE CITY COUNCIL. Honorable Mayor and Members of the City Council

Transcription

1

2 STAFF REPORT TO THE CITY COUNCIL DATE: Regular Meeting of July 23, 2013 TO: SUBMITTED BY: SUBJECT: Honorable Mayor and Members of the City Council Steve Duran, City Manager Temporary Re-Employment Of A CalPERS Annuitant and an employee agreement RECOMMENDED ACTION: Adopt a resolution for exception to the 180-day wait period per Government Code Section and approving an employment agreement with Doreen Mathews. COMMISSION/SUBCOMMITTEE ACTION AND RECOMMENDATION: Not applicable. FISCAL IMPACT OF RECOMMENDATION: Funding for this action is in the approved budget for salaries and benefits in the fiscal year budget. Hours will be managed to ensure this cost stays within the approved budget of $54,030 for a part time project manager in the office of the City Manager. DISCUSSION: On June 29, 2013, Administrative Services Director/City Clerk Doreen Mathews retired after serving the City of Hercules for 19 years. Although officially retired, Ms. Mathews has agreed to remain available for short assignments to avoid stoppage of public business. Staff is recommending a 6 month time period, not exceeding 15 hours per week. This appointment is necessary to fill by August 1, 2013 because there is a critical need for assistance in the areas of real property management and disposition, and the facilitation of real property entitlements, record keeping and recording of real property documents, all of which are anticipated to be an ongoing need for approximately six months, or longer. Duties will include real property management and disposition and the facilitation of real property entitlements, record keeping and recording of real property documents. July 23, 2013 Page 1

3 The hourly rate was calculated in compliance with Government Code Section 21221(h); taking the base salary classification of Real Property Manager ($7,102-$9,064) and dividing by to obtain an hourly rate range of $40.97-$ The hourly rate of $52.29 is being recommended. The Public Employees Pension Reform Act of 2013 (PEPRA), which went into effect January 1, 2013, limits the employment of annuitants after retirement and provides several conditions that must be satisfied to avoid the retiree from being reinstated: 1. The person is appointed either in an emergency to prevent stoppage of public business or because the retired person has skills needed to perform the work for limited duration. 2. The employment does not exceed the total of all CalPERS employers of 960 hours, or other equivalent limit, per fiscal year, and 3. The person s pay rate must be within pay range paid by the employer to other employees performing comparable duties. In addition, the new legislation requires a 180-day waiting period before a retiree can work for a CalPERS employer, except under certain circumstances including in this case, stoppage of public business. Adoption of a Resolution in a public meeting fulfills the requirement for this exception. ATTACHMENTS: Attachment 1 Resolution Attachment 2 Employment Contract Financial Impact Description: Hiring a Temporary CalPERS Annuitant Funding Source: City Manager Project Manager Account Number: Budget Recap: Total Estimated cost: $54,030 New Revenue: $ Amount Budgeted: $54,030 Lost Revenue: $ New funding required: $ New Personnel: $ Council Policy Change: Yes No July 23, 2013 Page 2

4 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES FOR EXCEPTION TO THE 180-DAY WAIT PERIOD (Government Code Sections ) AN APPROVING AN EMPLOYMENT AGREEMENT WHEREAS, in compliance with Government Code section the City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Doreen Mathews retired from the City of Hercules in the position of Administrative Services Director/City Clerk, effective June 29, 2013; and WHEREAS, section requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 26, 2013 without this certification resolution; and WHEREAS, section provides that this exception to the 180 day wait period shall not apply if the retiree accepts a retirement incentive; and WHEREAS, the City Council, the City of Hercules and Doreen Mathews certify that Doreen Mathews has not and will not receive a Golden Handshake or any other retirement incentive; and WHEREAS, the entire employment agreement, contract or appointment document between Doreen Mathews and the City of Hercules has been reviewed by this body and is attached herein; 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 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 to equal the hourly rate; and WHEREAS, the maximum base salary for the Real Property Manager position is $9,064 and the hourly equivalent is $52.29, and the minimum base salary for this position is $7,102 and the hourly equivalent is $40.97; and WHEREAS, the hourly rate paid to Doreen Mathews will be $52.29; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules hereby certifies the nature of the appointment of Doreen Mathews as described herein and

5 detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position for the City of Hercules by August 1, 2013 because there is a critical need for assistance in the areas of real property management and disposition, and the facilitation of real property entitlements, record keeping and recording of real property documents, all of which are anticipated to be an ongoing need for approximately six months. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty-third day of July, 2013 by the following vote of the Council: AYES: NOES: ATTEST: ABSTAIN: ABSENT: John Delgado, Mayor Margaret S. Roberts, City Clerk

6 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("AGREEMENT") is entered into this 1st day of August, 2013, between the City of Hercules ("CITY") and Doreen Mathews ("EMPLOYEE"). SECTION 1. TERM EMPLOYEE shall commence employment as Part-Time Annuitant for CITY on August 1, EMPLOYEE's employment with CITY shall be on an at-will basis and will continue until terminated as provided in this AGREEMENT. SECTION 2. DUTIES EMPLOYEE shall perform to EMPLOYEE's best ability the duties and functions similar to the Real Property Manager position of the CITY and shall report directly to the City Manager. Duties include real property management and disposition, and the facilitation of real property entitlements, record keeping and recording of real property documents. SECTION 3. TERMINATION OF EMPLOYMENT CITY Manager or EMPLOYEE may terminate this agreement at any time by delivering written notice of such termination to the other party. SECTION 4. COMPENSATION AND BENEFITS hour. (A) EMPLOYEE shall be paid fifty-two dollars and twenty-nine cents ($52.29) per (B) EMPLOYEE shall not receive any medical or other benefits from the City and shall not receive, accrue or be paid any vacation, sick or administrative leave time. (C) EMPLOYEE is a retiree from the California Public Employees Retirement System ("CalPERS)." EMPLOYEE is limited to working 960 hours in any CalPERS fiscal year. EMPLOYEE shall keep accurate records of EMPLOYEE's working hours and ensure that EMPLOYEE otherwise complies with the requirements of CalPERS so not to cause EMPLOYEE to be reinstated from retirement. EMPLOYEE should consult with CalPERS regarding questions or concerns EMPLOYEE may have with respect to maintaining her retired status with CalPERS. SECTION 5. ENTIRE AGREEMENT AND AMENDMENTS CITY and EMPLOYEE acknowledge that no representation, inducement, promise or agreement, oral or written, has been made or is being relied upon which is not set forth in this AGREEMENT. This AGREEMENT supersedes all prior agreements with respect to the subject

7 matter hereof and, to the extent permitted by law, any and all CITY Ordinances, Resolutions or Personnel Rules and Regulations of CITY that have been or may be adopted. No amendment or modification to this AGREEMENT shall be effective unless such is in writing and signed by the parties. SECTION 6. EFFECT OF WAIVER/SEVERABILITY Failure by either party to insist on strict compliance with any term or condition of this AGREEMENT shall not be deemed a waiver of such term or condition, nor shall any such failure be deemed a waiver of that right at any other time. If any provision of this AGREEMENT is held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect. SECTION 7. EMPLOYEE REPRESENTATION EMPLOYEE represents that she has reviewed this AGREEMENT and has had the opportunity to consult with legal counsel of EMPLOYEE's own choosing with respect to this AGREEMENT. This AGREEMENT shall be deemed to have been drafted by both parties and it shall not be interpreted against either party hereto based upon the drafting hereof. SECTION 8. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws o f the State of California and the venue for any legal action relating to this AGREEMENT shall be the Superior Court of the State of California, County of Contra Costa. SECTION 9. COUNTERPARTS This AGREEMENT may be executed in counterparts, which counterparts shall constitute the AGREEMENT. SECTION 10. ASSEMBLY BILL 1344 COMPLIANCE To the extent CITY provides: (i) paid leave to EMPLOYEE pending an investigation; (ii) funds for the legal criminal defense of the EMPLOYEE; and/or (iii) a cash settlement to EMPLOYEE related to the termination of the EMPLOYEE, pursuant to this AGREEMENT and Government Code Section et seq., EMPLOYEE shall fully reimburse the City for any and all amounts paid by the City which fall within subsections (i) through (iii) in the event that the EMPLOYEE is convicted of a crime involving the abuse of her office or position.

8 IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be executed on its behalf by its City Manager and duly attested by its City Clerk; and EMPLOYEE has executed this AGREEMENT on the date first written above. CITY: By: Steven Duran, City Manager EMPLOYEE: ATTEST: By: Doreen Mathews By: Margaret S. Roberts, City Clerk APPROVED AS TO FORM: By: Patrick Tang, City Attorney