Jeanie O'Laughlin
Mayor
Nick Lessenevitch
Mayor Pro Tem
Jim Creighton
Councilmember
Kelly Kulikoff
Councilmember
Karen Macedonio CALFORNIE
Councilmember
AGENDA
CITY OF CALIFORNIA CITY
SPECIAL CITY COUNCIL MEETING
FRIDAY APRIL 29, 2022 @ 1:00PM
VIA ZOOM ONLY
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
Bouncinembers: Creighton, Kikofi, Macedonio, Mayor Pro Tem Lessenevich, Mayor 0 Laughin
ADOPT AGENDA
NEW BUSINESS
NB 1. Consideration and Adoption of Resolution # 04-22-2919 to Appoint Carl Gregory Greeson as Interim Human Resources Director - Victor Ponto, City Attorney
RECOMMENDATION
Adopt resolution appointing Carl Gregory Greeson as Interim Human Resources Director and approving employment agreement.
ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 24 hours prior to the Council Meeting. Laurie Sutton, City Clerk
CALIFORNIA CITY
STAFF REPORT
April 29, 2022
TO: Mayor and City Council
FROM: Victor Ponto, City Attorney
SUBJECT: Adopt Resolution Appointing Carl Gregory Greeson as Interim Human Resources Director Pursuant to Government Code Sections 7522.56 and 21221(h)
RECOMMENDATION
Adopt resolution appointing Carl Gregory Greeson as Interim Human Resources Director and approving employment agreement.
DISCUSSION
The City is at a critical juncture and requires the expert guidance of experienced professionals to ensure that it continues on the path to efficient management and operation. The City Council recently appointed Douglas Dunford as City Manager with an anticipated start date of May 2, 2022. Given the substantial amount of work that is ahead for the City, Mr. Dunford needs significant support particularly in personnel related matters.
One of those experienced professionals is Carl Gregory Greeson who has over 24 years of experience in the management and operation of municipal governments. Given that significant experience, staff is recommending that the City Council appoint Mr. Greeson as interim Human Resources Director pending the recruitment of a regular appointment to the Human Resources Director position.
Mr. Greeson is a CaPERS retiree and would be employed by the City as a retired annuitant under CaPERS regulations. The California Government Code regulates compensation for retired annuitants and defines specific rules for appointment. Specifically, the appointment of a retiree to a vacant position must comply with Government Code Section 21221(h). In accordance with this section, the appointment is permissible if it is made during the recruitment for a permanent appointment to the position and it is approved by the governing body of the employer in a public meeting and not on a consent calendar.
Further, compensation during the appointment must not exceed the hourly equivalent of the maximum monthly base salary paid to other employees performing comparable duties as listed in the publicly available pay schedule for the agency, and the retired annuitant must not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. The Human Resources Director salary range can be found on the City's publicly available pay schedule at http://www.californiacity-ca.gov/CC/images/stories/21- 22 Salary Schedule Updated 1-11-22.pdf. The top of the range is listed as $58.96 per hour.
No other benefits or compensation will be paid to Mr. Greeson.
AGENDA ITEM #
In addition, Government Code Sections 21221(h) and 7522.56 limit retired annuitant hours to 960 in a fiscal year for all retired annuitant positions with any CaPERS employers. Government Code Section 20220 also requires the enrollment of a retired annuitant in CaPERS solely for recordkeeping purposes and the reporting of retired annuitant hours within 30 days of the end of a pay period.
Staff recommends making this appointment effective May 2, 2022 based on the specialized skills possessed by Carl Gregory Greeson and allowing Mr. Greeson to serve the City until the appointment of a regular Human Resources Director, unless earlier terminated by either Mr. Greeson or the City.
FISCAL IMPACT
The cost of a retired annuitant appointment is $58.96. Assuming that Mr. Greeson works the full 960 hours in the current fiscal year, the total cost would be $56,601.50. No budget adjustments are required because the costs for an Interim Human Resources Director is significantly less than the monthly costs of a full-time Human Resources Director position when you include medical, health, and other benefits (e.g., deferred compensation, vacation).
ATTACHMENT
1. Resolution # 04-22-2919
2. Employment Agreement for Interim Human Resources Director Services RESOLUTION # 04-22-2919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CALIFORNIA CITY APPOINTING CARL GREGORY
GREESON AS INTERIM HUMAN RESOURCES
DIRECTOR AND APPROVING EMPLOYMENT
AGREEMENT
reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the position of Human Resources Director is currently vacant; and WHEREAS, the California City Council desires to appoint Carl Gregory Greeson as an interim appointment retired annuitant to the vacant position of Human Resources Director for the City of California City under Government Code Section 21221(h), effective May 2, 2022; and WHEREAS, Carl Gregory Greeson has over 24 years of experience serving in municipal government with an extensive history in management, including as the former City Manager of the City of Gustine; and
WHEREAS, an appointment under Government Code Section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the announcement for the recruitment for the Human Resources Director position shall be posted on the City's website located at https://www.californiacity- ca.gov/CC/index.php/employment-opportunities no later than May 2, 2022; and WHEREAS, the 180-day wait period requirement set forth in Government Code Section 7522.56(f) does not apply because Carl Gregory Greeson has been retired for more than 180 days; and
WHEREAS, this Section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the regular replacement for the vacant position of Human Resources Director for the City of California City commences his or her employment or, if earlier, the date that this appointment is terminated by the City or Carl Gregory Greeson; and
WHEREAS, it is understood by the City Council and Carl Gregory Greeson that the combined total hours to be worked by Carl Gregory Greeson in any fiscal year, for all retired annuitant positions with any CaPERS employer, shall not exceed the 960-hour limitation set forth in California Government Code Sections Section 7522.56(d) and 21221(h); 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 173.333 to equal the hourly rate; and WHEREAS, the minimum hourly rate for this position is $46.20, and the maximum hourly rate for this position is $58.96; and
WHEREAS, the hourly rate to be paid to Carl Gregory Greeson is $58.96; and WHEREAS, Carl Gregory Greeson has not and will not receive any other benefit, incentive compensation in lieu of benefits or any other form of compensation in addition to this hourly pay rate.
WHEREAS, the employment agreement between Carl Gregory Greeson and the City of California City has been reviewed by this body and is attached hereto as Exhibit A; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California City, as follows:
SECTION 1. The City Council has considered the full record before it, which may include but is not limited to such things as the agenda staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby appoints Carl Gregory Greeson as interim Human Resources Director effective May 2, 2022 pursuant to the authority provided under Government Code Sections 21221(h) and 7522.56, during the recruitment, selection and employment of a regular Human Resources Director, to provide the critically-needed, specialized skills necessary to run the Human Resources Department.
SECTION 3. The employment agreement with Carl Gregory Greeson, a copy of which is incorporated herein as Exhibit A, is approved by the City Council, effective May 2, 2022.
SECTION 4. The Mayor is authorized to execute said agreement on behalf of the City, with such technical amendments as may be deemed appropriate by the City Attorney.
SECTION 5. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of California City, California, at a regular meeting held on this 29th day of April, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeanie O'Laughlin, Mayor
ATTEST:
Laurie Sutton, City Clerk
APPROVED AS TO FORM
Isabel Safie, Special Counsel
State of California )
County of Imperial ) s.s.
City of California City )
1, Laurie Sutton, City Clerk of the City of California City do hereby certify the above Resolution # 04-22-2919 was approved at a special City Council meeting held on the 29th day of April 2022, by the following vote to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Laurie Sutton, City Clerk
EXHIBIT A
EMPLOYMENT AGREEMENT FOR
INTERIM HUMAN RESOURCES DIRECTOR SERVICES
AGREEMENT FOR
INTERIM HUMAN RESOURCES DIRECTOR SERVICES
THIS AGREEMENT is made and entered into this 2nd day of May, 2022 by and between the City of California City ("City") and Carl Gregory Greeson ("Retiree"). In consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:
RECITALS
This Agreement is made and entered into with respect to the following facts:
A. City seeks to engage Retiree on an interim basis to serve in the position of Interim Human Resources Director in accordance with the terms set forth in this Agreement; and B. Retiree desires to accept employment as Interim Human Resources Director in consideration of and subject to the terms, conditions and benefits set forth in this Agreement; and.
Retiree' employment is authorized by Government Code Sections 7522.56 and 21221(h), which permit the City Council to appoint a California Public Employees' Retirement System ("CalPERS) retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provide that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits, so long as it is a single appointment that does not exceed 960 hours in a fiscal year, inclusive of all hours worked for other all CaPERS employers.
Retiree represents that he is a retired annuitant of CaPERS within the meaning of Government Code §§ 7522.56 and 21221(h) ("Statutes") and acknowledges that his compensation is statutorily limited as provided in Government Code § 21221(h). Retiree represents that, as of the effective date of this Agreement, he has not worked for another CaPERS state or contracting agency as a retired annuitant during the 2021-2022 fiscal year, and that he therefore acknowledges that he can work up to 960 hours for City, a state agency or other CaPERS contracting agencies (collectively "CaPERS Agencies") during the 2021-2022 fiscal year. Retiree represents that he has not received unemployment compensation resulting from employment with any CaPERS Agencies as a retired annuitant during the 12-month period preceding the effective date of this Agreement.
E City has determined that it is necessary to hire Retiree, a retired annuitant, because the position of Interim Human Resources Director requires special skills, and Retiree, by virtue of his experience has those special skills.
NOW, THEREFORE, City and Retiree, in consideration of the mutual covenants and agreements herein contained, agree as follows:
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1. DESIGNATION OF INTERIM HUMAN RESOURCES DIRECTOR. In
accordance with Resolution # 04-22-2919, Retiree has been appointed Interim Human Resources Director of City pursuant to the terms of this Agreement.
2. POSITION AND DUTIES.
2.1 Position. Retiree has been appointed by the City Council as Interim Human Resources Director of City to perform, on a basis set forth in Paragraph 4 below, the duties and functions pertaining to the Human Resources Director position, and to perform other legally permissible duties and such functions as the City Manager shall from time to time assign. The City Manager shall have the authority to determine the specific duties and functions which Retiree shall perform under this Agreement and the means and manner by which Retiree shall perform those duties and functions. Retiree agrees to devote all of his business time, skill, attention, and best efforts to the discharge of the duties and functions assigned to him by the City Manager.
2.2 Term. Retiree shall commence the performance of his duties as the Interim Human Resources Director on May 2, 2022, or at such later date as the parties hereto shall agree in writing ("Commencement Date"). This Agreement shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent Human Resources Director employed by City; (ii) upon Retiree working 960 hours for all CaPERS Agencies during fiscal year 2021-2022 or 960 hours in any subsequent fiscal year; or (ill) upon termination of the Agreement by either Retiree or City as provided below.
2.3 At-Will. Retiree acknowledges that he is an at-will, temporary employee of City who shall serve at the pleasure of the City Manager at all times during the period of his service hereunder and shall be subject to termination by the City Manager at any time without advance notice and without cause. The terms of City's personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding administrative personnel (collectively "Personnel Policies"), as they may be amended or supplemented from time to time, shall not apply to Retiree, and nothing in this Agreement is intended to, or does, confer upon Retiree any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate his employment, except as is expressly provided in Section 2.2 [Term] or Section 4 [Termination] of this Agreement. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of City to terminate the services of Retiree, as provided in Section 2.2 [Term] or Section 4 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Retiree to resign at any time from his position with City, subject only to the provisions set forth in Section 2.2 [Term] or Section 4 [Termination] of this Agreement. This at-will employment shall be expressly subject to the rights and obligations of City and Retiree, as set forth in Section 2.2 [Term] or Section 4 [Termination] below.
2.4 Hours of Work. Retiree shall devote the time necessary to adequately perform his duties as Interim Human Resources Director. The parties anticipate that Retiree will work a sufficient number of hours per week allocated between regular business hours and hours outside of regular business hours including, without limitation, attendance at regular and special City Council meetings and other City functions as the City Manager may direct. However, in no event shall Retiree be required to work in excess of 960 hours in fiscal year 2021-2022 and 960 hours per each subsequent fiscal year for City, including hours worked for other CaPERS -2-
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Agencies during such fiscal years. The position of Interim Human Resources Director shall be deemed an non-exempt position under California wage and hour law.
3. COMPENSATION.
3.1 Rate of Pay. For all services performed by Retiree as the Interim Human Resources Director under this Agreement, City shall pay Retiree compensation at the rate of $58.96 per hour according to the public available pay schedule in place for City employees paid bi-weekly subject to the limitations provided below.
(a) Compliance with CalPERS requirements. It is the intent of the parties to compensate Retiree only to the extent permitted under Government Code sections 7522.56 and 21221(h), and corresponding CaPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CaPERS and is not less than the minimum, nor more than the maximum rate of pay, for the position of Human Resources Director as listed on City's publicly available pay schedule, divided by 173.333 to equal an hourly rate.
(b) Recordation and Reporting of Hours Worked. Retiree will comply with all applicable CaPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for City to CalPERS as may be required. City shall assist in any such reporting obligations to CaPERS. Additionally, Retiree shall keep City continually apprised of any hours worked by Retiree for other CaPERS Agencies during the term of this Agreement.
3.2 Benefits. Other than the compensation described in Section 3.1, Retiree will receive no other benefits, incentives, compensation in lieu of benefits, or any other form of compensation. Retiree understands and agrees that he is not, and will not be, eligible to receive any benefits from City, including any group plan for hospital, surgical, or medical insurance, any City retirement program, or any paid holidays, vacation, sick leave, or other leave, with or without pay, or any other job benefits available to an employee in the regular service of City, except for Worker's Compensation Insurance coverage or similar benefits required by state or federal law.
TERMINATION
4.1 By City. This Agreement may be terminated by City for any reason thirty (30) days after providing written notice to Retiree of such termination. City's only obligation in the event of such termination will be payment to Retiree of all compensation then due and owing as set forth in Section 3.1 [Rate of Pay] up to and including the effective date of termination.
However, this Agreement may be terminated immediately if necessitated by changes to CaPERS statutory or regulatory requirements.
4.2 By Retiree. This Agreement may be terminated by Retiree for any reason thirty (30) days after providing written notice to City of such termination. City shall have the option, in its complete discretion, to make Retiree's termination effective at any time prior to the end of such period, provided City pays Retiree all compensation as set forth in Section 3.1 [Rate of Pay] then due and owing his through the last day actually worked. -3-
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4.3 No Notice for Expiration. Nothing in this Section 4 [Termination] shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 2.2 [Term].
4.4 Termination Obligations. Retiree agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by his incident to his employment belongs to City and shall be returned promptly to City upon termination of Retiree's employment. Retiree's obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
5. PROPRIETARY INFORMATION. "Proprietary Information" is all information and any idea pertaining in any manner to the business of City (or any City affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of City in the course of his/her employment or otherwise produced or acquired by or on behalf of City.
Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of City' s organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During his employment by City, Retiree shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement. Following termination, Retiree shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of City. Retiree' obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
NOTICE. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows:
City
21000 Hacienda Blvd.
California City, CA 93505
Attn: City Manager
Retiree
Carl Gregory Greeson
[Address on File with Human Resources]
REIMBURSEMENT. City shall reimburse Retiree for authorized, reasonable and necessary travel expenses incurred by Retiree in the performance of his duties pursuant to this Agreement. Retiree shall document and claim said reimbursement for such travel in the manner and forms required by the City. All reimbursements shall be for actual expenses and shall be subject to and in accordance with California and federal law and City's adopted reimbursement policies. Such reimbursements shall not be reported to CaPERS. Other than as specifically provided herein, Retiree shall receive no other compensation or reimbursements for expenses incurred by his in performance of this Agreement.
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GENERAL PROVISIONS
8.1 Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
8.2 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of Retiree's employment by City. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of Retiree, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of City, now or in the future, apply to Retiree and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
8.3 Amendments. This Agreement may not be amended except in a written document signed by Retiree and the City Manager.
8.4 Assignment. Retiree shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to Retiree, assign its rights and obligations hereunder.
8.5 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
8.6 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
8.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Los Angeles County, State of California.
Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
8.9 Acknowledgment. Retiree acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
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8.10 Status of Recruitment. City warrants that as of the Commencement Date it has initiated the process for the recruitment of a permanent replacement to the Human Resources Director position.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by the Mayor and duly attested to by its City Clerk, and Retiree has signed and executed this Agreement, as of the date first indicated above.
RETIREE CITY
Carl Gregory Greeson Jeanie O'Laughlin, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Best Best & Krieger LLP
Special Counsel
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