Attachment 1
RESOLUTION NO. 2024-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORONADO,
CALIFORNIA, APPOINTING RICHARD MARTINEZ INTERIM DIRECTOR OF POLICE
SERVICES FOR THE CITY OF CORONADO (GOVERNMENT CODE SECTION 21221(h))
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides 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; and
WHEREAS, the City Council of the City of Coronado (“City”) desires to appoint Richard Martinez as an interim appointment retired annuitant as Interim Director of Police Services for the City under Gov. Code section 21221(h), effective January 17, 2024; and WHEREAS, the City has an immediate need for an individual with specialized skills to serve in the capacity of an Interim Director of Police Services while the City recruits to permanently fill the vacant position; and
WHEREAS, the City Council, the City and Richard Martinez certify that he has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the recruitment process to fill the position of Director of Police Services commenced on December 20, 2023; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end as of the first of the following to occur: (i) upon the employment commencement date of a permanent Director of Police Services employed by City; or (ii) upon working his 960th hour for City including hours worked for other CalPERS Agencies during any fiscal year as a retired annuitant; or (iii) upon termination of the employment by either party; and
WHEREAS, the entire employment agreement between Richard Martinez and the City has been reviewed and approved by this City Council and is attached herein as Exhibit “A”; 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 Attachment 1
WHEREAS, the maximum base salary for this position is $18,943.72 and the hourly equivalent, rounded to the nearest dollar, is $109.00; and WHEREAS, the hourly rate paid to Richard Martinez will be $109.00; and WHEREAS, Richard Martinez has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coronado as follows:
1. That the above recitations are true.
2. That City Council hereby certifies the nature of the employment of Richard Martinez as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Interim Director of Police Services for the City of Coronado by January 17, 2024 because the previous Director of Police Services and resigned effective January 4, 2024 thus leaving a critical position vacant; and the orderly functioning of the City to achieve compliance with the Municipal Code, relevant state laws and the direction of the Coronado City Manager requires a capable and competent person be in place as the Interim Director of Police Services.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Coronado, California, at a regular meeting thereof this Sixteenth day of January, 2024, by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED:
____________________________________
RICHARD BAILEY, Mayor of the
City of Coronado, California
ATTEST:
__________________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California