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CITY COUNCIL RESOLUTION NO. ____-2023
A RESOLUTION OF THE CITY OF BARSTOW, CALIFORNIA
APPROVING AN EMPLOYMENT AGREEMENT WITH
LIMITED DURATION CITY ENGINEER MICHAEL B. STEWART
WHEREAS, the City of Barstow (“City”) desires to appoint a person with specialized skills qualified to fill the position of City Engineer on a limited basis; and WHEREAS, Michael B. Stewart (“Employee”) is a retired annuitant who has been retired from public service for more than 180 days and who has specialized civil engineering experience, with several decades of experience as a City Engineer and providing civil engineering services for local governments as a licensed City Engineer.
WHEREAS, Barstow Municipal Code section 2.08.070(3) authorizes the City Manager to appoint a City Engineer;
WHEREAS, the City Manager wishes to appoint a PERS annuitant, Employee, to the position of City Engineer on a limited basis to provide specialized skills during a limited duration pursuant to Government Code section 21224(a) and a written PERS Annuitant Employment Agreement;
WHEREAS, the City Council wishes to ratify the City Manager’s appointment of Employee to the position of City Engineer on a limited basis to provide specialized skills during a limited duration pursuant to Government Code section 21224(a) and a written PERS Annuitant Employment Agreement;
WHEREAS, Government Code section 21224(a) limits the number of hours a retired annuitant may work to 960 hours in a fiscal year; WHEREAS, Employee will not work more than 960 total hours this fiscal year hours before June 30, 2024, as required under Government Code section 21224(a); and WHEREAS, Employee has certified that he has not received unemployment insurance compensation within the 12-month period prior to his appointment.
WHEREAS, the Limited Duration City Engineer’s monthly compensation shall not exceed the maximum monthly base salary for the City Engineer position; and the Limited Duration City Engineer will not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate; and WHEREAS, Employee has agreed to fill the position of Limited Duration City Engineer under the terms pursuant to a written agreement ratified by the City Council.
NOW THEREFORE, in consideration of the above stated desires and the mutual covenants, terms and conditions, herein contained, the parties hereto mutually and freely agree as follows:
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1. The City Council hereby ratifies the City Manager’s appointment of Michael B.
Stewart to the position of Limited Duration City Engineer for a period effective August 21, 2023 to a date not beyond June 30, 2024, unless extended by mutual agreement of the City and Michael B. Stewart in writing in compliance with applicable law, under the terms of the PERS Annuitant Employment Agreement and consistent with the requirements of Government Code section 21224(a).
PASSED, APPROVED AND ADOPTED this 21st day of August, 2023. ________________________________
Paul Anthony Courtney, Dr. B.A, Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
__________________________________________
Matthew T. Summers, City Attorney
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I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. ____-2023, was adopted by said City Council at a regular meeting held on the 21st day of August, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores, City Clerk