RESOLUTION NO.
A RESOLUTION RATIFYING THE CITY MANAGER’S APPOINTMEENT OF
ROBERT SCHREEDER, A RETIRED ANNUITANT, AS INTERIM POLICE CHIEF UNDER GOVERNEMNT 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 of Cotati (“City”) has authorized the recruitment to fill the vacancy of Police Chief on January 1, 2024, and during such recruitment, desires to appoint a person with specialized skills qualified to fill the position on an interim basis in order to prevent stoppage of public business and continue Municipal operations during recruitment for a permanent appointment; and
WHEREAS, Cotati Municipal Code section 2.12.100 authorizes the City Manager to appoint a Police Chief; and
WHEREAS, Robert Schreeder is a retired annuitant who has been retired from public service for more than 180 days and who has specialized safety officer experience as a former Chief of Police for the City of Santa Rosa and who served with the Santa Rosa Police Department for 28 years. He also served as the interim Chief of Police with the Emeryville Police Department in 2020 and served as the Novato Chief of Police on an interim basis during 2022 and again in 2023; and
WHEREAS, the City Manager desires to appoint PERS annuitant Robert Schreeder to the position of Police Chief on an interim basis, pursuant to Gov. Code section 21221(h) and an employment appointment document; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on or before April 1, 2024; and
WHEREAS, the entire employment appointment document between Robert Schreeder and the City has been reviewed by this body and is attached herein; 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; and
WHEREAS, the current minimum base hourly salary for this position is $78.22 and the maximum base hourly salary is $95.08; and
WHEREAS, the hourly rate paid to Robert Schreeder will be $95.08; and WHEREAS, Robert Schreeder 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; and
WHEREAS, Government Code section 21221(h) limits the number of hours a retired annuitant may work to 960 hours in a fiscal year;
WHEREAS, Robert Schreeder will not work more than a total of 960 hours before June 30, 2024, including hours worked for other PERS agencies, as required under Government Code section 21221(h);
WHEREAS, Robert Schreeder has certified that he has not received unemployment insurance compensation within the 12-month period prior to his appointment; and WHEREAS, Robert Schreeder has agreed to fill the position of Interim Police Chief under the terms of the attached employment appointment document ratified by the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby ratifies the City Manager’s appointment of Robert Schreeder to the position of Interim Police Chief for a period effective January 1, 2024 to a date not beyond April 1, 2024, consistent with the requirements of Government Code Sections 21221(h) and as described herein and detailed in the employment appointment document attached hereto as Exhibit A.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on November 28, 2023, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney