1 RESOLUTION NO. 2024-114
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORONA
APPOINTING RETIRED ANNUITANT KAREN PERVORSE TO THE
EXTRA HELP LIMITED TERM POSITION OF HUMAN RESOURCES
SPECIALIST, CERTIFYING THE NATURE OF THE EMPLOYMENT,
AND CERTIFYING THAT THE APPOINTMENT IS NECESSARY TO
FILL A CRITICALY NEEDED POSITION SOONER THAN 180 DAYS,
PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
WHEREAS, Government Code Sections 7522.56 and 21224 address the temporary employment of retirees in accordance with the Public Employees’ Retirement Law, as administered by the California Public Employees’ Retirement System (CalPERS), and permits the City Council to appoint a retired annuitant to an extra help position requiring specialized skills for a limited duration and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as certain criteria are met; and WHEREAS, the Corona Human Resources Department is experiencing a significant number of vacant positions that is negatively and critically impacting its ability to support the operations of the citywide organization;
WHEREAS, for a limited term period, the City Council desires to appoint Karen Pervorse as a retired annuitant to an extra help position of Human Resources Specialist for the City under Government Code Sections 7522.56 and 21224, effective December 19, 2024, to provide support for the human resources function of the City; and
WHEREAS, Karen Pervorse has 17 years of experience with the City of Corona, including six years as a Human Resources Specialist, meaning that she has the specialized skills needed to perform this work of limited duration; and
WHEREAS, Karen Pervorse retired from the City of Corona on July 5, 2024, resulting in a separation of at least 60 sixty days; and
WHEREAS, there was no oral or written agreement with Karen Pervorse for her to return to work prior to her retirement with the City; and
WHEREAS, the employment agreement between Karen Pervorse and the City has been reviewed by this body and is attached here as Exhibit A; and
WHEREAS, it is understood by the City and Karen Pervorse that the combined total hours to be served by Ms. Pervorse in any fiscal year, for all positions and for all CalPERS employers combined, shall not exceed the 960-hour limitation set forth in California Government Code Sections 7522.56 and 21224; and
2 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 monthly salary for the Human Resources Specialist position is $4783 and the hourly equivalent is $27.59, and the maximum monthly salary for this position is $5813 and the hourly equivalent is $33.54; and
WHEREAS, the hourly rate to be paid to Karen Pervorse for her services as Human Resources Specialist on an extra help basis is $33.54, subject to any subsequent adjustment to the payrate as adopted by the City Council; and
WHEREAS, Karen Pervorse has not and will not receive any other benefit, incentive, compensation in lieu of benefit or any other form of compensation in addition to this hourly pay rate; and
WHEREAS, pursuant to Government Code Section 7522.56(e)(1), Karen Pervorse must certify in writing to the City, upon accepting an offer of employment, that she has not received any unemployment insurance compensation arising out of prior employment with a public employer that is subject to Section 7522.56 during the 12-month period preceding the effective date of this appointment.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
Section 1. The Council has considered the full record before it, which may include but is not limited to such things as the 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. Karen Pervorse has the specialized skills needed to perform the work required to fulfill the responsibilities of Human Resources Specialist on an extra help basis for a limited duration of time.
Section 3. The Council hereby certifies the nature of the employment and determines that the appointment is necessary to fill a critically needed position sooner than 180 days.
Section 4. The Council hereby appoints Karen Pervorse as Human Resources Specialist on an extra help, limited term basis, effective December 19, 2024, to provide the critically needed specialized functions of Human Resources Specialist, pursuant to the authority provided under Government Code Sections 7522.56 and 21224.
Section 5. The employment agreement with Karen Pervorse, a copy of which is attached here as Exhibit A and will be maintained on file with the City, is approved by the City Council.
Section 6. The City Manager is authorized to execute said agreement on behalf of the City, with such technical amendments as may be deemed appropriate by the City Manager and City 3 Attorney.
Section 7. The Mayor shall sign this Resolution, and the City Clerk shall attest thereto, and this Resolution shall become effective immediately upon its passage and adoption.
PASSED, APPROVED, AND ADOPTED by the Council of the City of Corona, California on the 18th day of December, 2024, by the following vote:
____________________________________
Mayor of the City of Corona, California
ATTEST:
________________________________________
City Clerk of the City of Corona, California
4 I, Sylvia Edwards, City Clerk of the City of Corona, California, certify that the foregoing Resolution No. 2024-114 was regularly introduced and adopted by the City Council of the City of Corona, California, at a regular meeting held on the 18th day of December, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 18th day of December, 2024. ________________________________________
City Clerk of the City of Corona, California
[SEAL]
City of Corona • 400 S. Vicentia Ave. Corona, CA 92882 • (951) 736-2400
3. TERMS.
3.1 Duties. In accordance with Reso ution No. 2024-114, the City Counci has appointed Retiree as an extra he p imited duration Human Resources Specia ist pursuant to the terms set forth in this Agreement. The City Manager (or his designee) sha have the authority to determine the means and manner by which Retiree sha perform those duties and functions. Retiree agrees to devote a of her business time (subject to the hour y imitation noted above), ski , attention, and best efforts to the discharge of the duties and functions assigned to her pursuant to this Agreement and by the City Manager (or his designee).
3.2 City Documents. A data, studies, reports and other documents prepared by Retiree whi e performing her duties during the term of this Agreement sha be furnished to and become the property of the City, without restriction or imitation on their use. A ideas, memoranda, specifications, p ans, procedures, drawings, descriptions, computer program data, input record data, written information and other materia s either created by or provided to Retiree in connection with the performance of this Agreement sha be he d confidentia by Retiree. Such materia s sha not, without the prior written consent of the City Counci , be used by Retiree for any purposes other than the performance of her duties, nor sha such materia s be disc osed to any person or entity not connected with the performance of services under this Agreement, except as required by aw.
3.3 Conditions of Employment.
3.3.1 Part Time Authorized. Retiree is expected to devote necessary time, within norma business hours for the position’s needs, to the business of the City. However, in accordance with statutory imitations, Retiree sha not work under this Agreement for more than a tota of 960 hours in any fisca year, un ess an exception app ies. It is understood by both parties that emp oyment with other Ca PERS emp oyers sha count against the 960 hours per fisca year imitation, un ess an exception app ies. In the event Retiree is providing services to any other Ca PERS Agencies during the term of this Agreement, Retiree must notify the City of such emp oyment and disc ose on a periodic basis (at a frequency determined by the City) the number of hours Retiree is performing services for that other pub ic agency. Notwithstanding the preceding, Retiree sha be responsib e for ensuring that she does not work in excess of 960 hours in a fisca year, taking into account hours worked for any Ca PERS Agency during the same fisca year, un ess an exception app ies. Retiree sha be a owed to estab ish a schedu e that is ess than fu time in order to maximize the use of the 960 hours throughout an entire fisca year, provided, however, that Retiree’s schedu e sha be acceptab e to the City Manager (or his designee) and be estab ished in advance.
Retiree’s position sha be deemed a NON-EXEMPT position under Ca ifornia wage and hour aw. The position is a temporary, hour y assignment which sha not exceed 40 hours per week. The City, through the City Manager or his designee, wi assign Retiree hours to work. Due to the nature of the position, it is understood that the workday and work week hours may vary; however, Employee shall not work overtime.
3.3.2 No Conflicts. During the term of this Agreement, Retiree sha not engage in any business or transaction or maintain a financia interest which conflicts, or reasonab y might be expected to conflict, with the proper discharge of Retiree’s duties under this Agreement.
City of Corona • 400 S. Vicentia Ave. Corona, CA 92882 • (951) 736-2400
3.4 Compensation; No Fringe Benefits.
3.4.1 Compensation. For services rendered pursuant to this Agreement, Retiree sha be compensated at the hour y rate of $33.54. The City has confirmed that this rate is not ess than the minimum, nor in excess of the maximum, paid by the City to other emp oyees performing comparab e duties as isted on the City’s pub ic y-avai ab e pay schedu e. This hour y rate is estab ished pursuant to statutory requirements and may on y be modified if permitted thereby. The compensation sha be paid at the same time and in the same manner as wages are usua y paid to City emp oyees and sha be subject to a app icab e taxes, and other required deductions. Such compensation sha be Retiree’s so e compensation for her services under this Agreement. Notwithstanding the foregoing, the City sha pay for workers’ compensation insurance for Retiree. Retiree sha not be entit ed to any additiona benefits provided by the City to its emp oyees, inc uding, but not imited to, paid vacation, paid ho iday eave, paid sick eave, medica insurance, denta insurance, ife insurance, deferred compensation, disabi ity insurance, unemp oyment insurance, and vehic e a owance.
3.5 Term; Termination.
3.5.1 Term. The term of this Agreement sha be effective as of December 19, 2024, ending on the date the Retiree has served 960 hours in a fisca year or that this appointment is terminated by the City or Retiree in accordance with Section 3.5.2.
3.5.2 Termination. This Agreement may be terminated with or without cause at any time upon fifteen (15) days advance written notice given by Retiree to City or immediate y upon notice by City to Retiree. No compensation or severance payment of any kind sha be payab e upon termination of this Agreement, other than any compensation due and owing under this Agreement through the ast effective date of emp oyment. The Parties understand and agree that the temporary emp oyment re ationship created by this Agreement is “at-wi ” and that the Retiree sha serve at the wi and p easure of the City Manager (or his designee), and may be terminated at any time, without notice and with or without cause.
Nothing in this Agreement, any statute, ordinance, or ru e sha prevent, imit, or otherwise interfere with the right of the City Manager (or his designee) to terminate, without cause or right of appea or grievance, the services of the Retiree at any time and without notice. Notice of termination may be de ivered persona y or by mai .
3.6 Notices. A notices permitted or required under this Agreement sha be given to the respective parties at the fo owing address, or at such other address as the respective parties may provide in writing for this purpose, by deposit in the custody of the United States Posta Service, postage pre-paid, addressed as fo ows:
CITY: City of Corona
400 S. Vicentia Ave
Corona, CA 92882
ATTN: Chief Ta ent Officer
RETIREE: ADDRESS ON FILE
City of Corona • 400 S. Vicentia Ave. Corona, CA 92882 • (951) 736-2400 A ternative y, notices required pursuant to this Agreement may be persona y served in the manner as is app icab e to civi judicia practice. Notice sha be deemed given as of the date of persona service or as of the date of deposit of such written notice in the United States Posta Service.
3.7 Indemnification. The City sha defend, ho d harm ess and indemnify Retiree against any tort, professiona iabi ity, c aim or demand or other ega action, whether ground ess or otherwise, arising out of an a eged act or omission occurring in the performance of Retiree’s services as an extra he p imited duration Human Resources Specia ist, except that this provision sha not app y with respect to any intentiona tort or crime committed by Retiree, or any actions outside the course and scope of her emp oyment as an extra he p imited duration Human Resources Specia ist.
3.8 General Provisions.
3.8.1 Integration. This Agreement constitutes the so e and comp ete agreement between the parties. This Agreement supersedes any ordinance, ru e, regu ation, po icy, or procedure of the City that is inconsistent with the Agreement. No amendments to this Agreement may be made except in writing and signed by the parties.
3.8.2 Severability. If any provision, or any portion thereof, contained in this Agreement is he d unconstitutiona , inva id or unenforceab e, the remainder of this Agreement, or portion thereof, sha be deemed severab e, sha not be affected and sha remain in fu force and effect.
3.8.3 Bonding. If app icab e, the City sha bear the fu cost of any fide ity or other bonds required of Retiree in the performance of her duties as an extra he p imited duration Human Resources Specia ist.
3.8.4 Modification. Any modification to this Agreement wi be effective on y if it is in writing and signed by both Parties.
3.8.5 Effect of Waiver. The fai ure of either Party to insist on strict comp iance with any of the terms, covenants, or conditions of this Agreement by the other Party sha not be deemed a waiver of that term, covenant, or condition, nor sha any waiver or re inquishment of any right or power at any one time or times be deemed a waiver or re inquishment of that right or power for a or any other times.
3.8.6 Assignment. Neither this Agreement, nor any right, privi ege or ob igation of Retiree hereunder sha be assigned or transferred by her without the prior written consent of the City Manager. Any attempt at assignment or transfer in vio ation of this provision sha , at the option of the City Manager, be nu and void and may be considered a materia breach of this Agreement.
3.8.7 Governing Law. This Agreement sha be governed by and construed in accordance with the aws of the State of Ca ifornia. Venue sha be in the County of Riverside, Ca ifornia.
3.8.8 No Presumption of Drafter. The Parties acknow edge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutua agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it wou d be inappropriate to deem any Party to be the drafter of this City of Corona • 400 S. Vicentia Ave. Corona, CA 92882 • (951) 736-2400 Agreement and, therefore, no presumption for or against va idity or as to any interpretation hereof, based upon the identity of the drafter sha be app icab e in interpreting or enforcing this Agreement.
3.8.9 Assistance of Counsel. Each Party to this Agreement warrants to the other Party that it has either had the assistance of counse in negotiation for, and preparation of, this Agreement or cou d have had such assistance and vo untari y dec ined to obtain such assistance.
3.8.10 Retiree Certifications. In accordance with Government Code Sections 7522.56(e)(1) and (g), Retiree certifies and represents to City that she has not received any unemp oyment insurance compensation arising out of prior emp oyment during the 12-month period prior to the appointment described in this Agreement.
IN WITNESS WHEREOF, the City of Corona has caused this Agreement to be signed and executed on its beha f by its City Manager, and du y attested by its City C erk, and Retiree has signed and executed this Agreement, effective on the day and year first above written.
We we come you to your imited-term extra he p appointment with the City of Corona and extend our best wishes for your success. If you have any additiona questions, p ease fee free to contact me direct y.
Sincere y,
________________________________
Lori Sassoon
Chief Talent Officer
CITY OF CORONA
__________________________________
Jacob E is, City Manager
Date: ______________________________
RETIREE
___________________________________
Karen Pervorse
Date: _______________________________
ATTEST:
___________________________________
City C erk of Corona, Ca ifornia
APPROVED AS TO FORM (optiona ):
____________________________________
City Attorney