RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPOINTING RETIRED ANNUITANT TO VACANT POSITION OF CITY MANAGER PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 &
21221(h)
WHEREAS, the Downey City Council hereby appoints Mark Scott as an interim appointment retired annuitant to the vacant position of City Manager for the City of Downey under Government Code sections 7522.56 and 21221(h), effective June 27, 2022; and WHEREAS, pursuit to Government Code sections 7522.56 and 21221(h), a retired annuitant may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired annuitant has skills needed to perform work of limited duration; and WHEREAS, the Downey City Council has determined that Mark Scott possesses the specialized skills and knowledge needed to perform the work of City Manager and ensure the continuation of public business; and
WHEREAS, the City would like to retain Mark Scott's services as Interim City Manager to allow the City sufficient time to obtain a qualified replacement; and WHEREAS, an appointment under Government Code section 21221(h) requires an active recruitment for a permanent replacement; and
WHEREAS, this section 21221(h) appointment shall only be made once and therefore will end on June 30, 2023, or when the permanent City Manager enters the position, whichever occurs first; and
WHEREAS, the entire employment agreement, contract or appointment document between Mark Scott and the City of Downey has been reviewed by this body and is attached to this resolution; and
WHEREAS, the employment shall be limited to 960 hours or fewer; 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 salary for this position is $23,954.67 per month and the hourly equivalent is $138.20; and
WHEREAS, the hourly rate paid to Mark Scott will be $138.20; and WHEREAS, Mark Scott has not received 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
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION NO. 22-
PAGE NO'2
SECTION 1. All ufthe recitals above are true and correct and are hereby incorporated by reference herein.
SECTION 2. The City Council hereby certifies the nature ufthe appointment ofMark Scott as described herein and detailed in the attached employment agreement document and that this appointment is necessary to fill the critically needed position of City Manager for the City of Downey by June 27. 2022. because of the need to ensure the continued successful operation ofpublic business.
SECTION 3. The employment aAreementwith Mark Scott, copy of which is attached as Attachment A, are approved by the City Council.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 24 th day of May, 2022.
MAR|AAL|C|ADUARTECK8C
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council Of the City of [)OVVD8y EU 8 Regular meeting held OO the 24m day Of May, 2022' bvthe following vote, to wit:
AYES:
Council Members:
NOES:
Council Members:
ABSTAIN:
Council Members:
ABSENT:
Council Members:
MAR|AAL|C|A OUARTE, CMC
City Clerk