ITA . ll ; �
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCE
DATE: MARCH 14, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE HIRING OF A RETIRED
ANNUITANT TO THE POSITION OF INTERIM DIRECTOR OF COMMUNITY
DEVELOPMENT IN COMPLIANCE WITH GOVERNMENT CODE SECTION
21221(h)
RECOMMENDATION
That the City Council adopt the attached Resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING
THE HIRING OF RETIRED ANNUITANT TO THE POSITION OF INTERIM DIRECTOR OF
COMMUNITY DEVELOPMENT PURSUANT TO GOVERNMENT CODE SECTION 21221(h)
BACKGROUND
The prior Director of Community Development left employment with the City in April of 2022. Subsequent to that date the position was filed by an existing staff member on an interim basis. As of February 11th• of this year the employee filling the position on an interim basis has also left employment with the City. The position of Director of Community Development is vital to the daily functions of the City and there is a need to fill this position on an interim basis while the City recruits for a permanent replacement.
DISCUSSION
Government Code Section 21221(h) permits retired annuitants under the California Public Employees' Retirement System (CaIPERS) to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position.
Upon announcement of the Interim Director of Community Development's separation from the City, interviews were conducted with candidates possessing prior experience serving as an Interim Director of Community Development in other public agencies.
Through these interviews Gregory Pfost was selected to fill the position of Interim Director of Community Development with the City. Mr. Pfost has over 30 years of planning and community development experience serving in various positions with other
ADOPT A RESOLUTION AUTHORIZING THE HIRING OF A RETIRED ANNUITANT TO THE
POSITION OF INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT IN COMPLIANCE WITH GOVERNMENT CODE SECTION 21221(h)
MARCH 14, 2023
PAGE 2
public agencies. Additionally, Mr. Pfost has also served in a similar capacity as an Interim Director of Community and Economic Development for another local City.
Approval of this action will authorize Mr. Pfost to serve in the capacity of interim appointee to the position of Director of Community Development until the vacancy is filled on a permanent basis.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
FISCAL IMPACT
Sufficient funding is included in the fiscal year 2023/24 budget. This appointment will result in a cost savings during the fiscal year due to the limited working hours and reduced benefits received by the interim appointment.
ATTACHMENT
Attachment A: Resolution
Attachment B: Conditional Offer of Employment
2 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE HIRING OF RETIRED ANNUITANT TO THE POSITION
OF INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT PURSUANT TO GOVERNMENT CODE SECTION 21221(h)
WHEREAS, the Downey City Council hereby appoints Gregory Pfost as an interim appointment retired annuitant to the vacant position of Director of Community Development for the City of Downey under Government Code sections 7522.56 and 21221(h), effective March 20, 2023. A copy of the conditional offer of employment is attached to this resolution; 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 City has determined that Gregory Pfost possesses the specialized skills and knowledge needed to perform the work of Director of Community Development and ensure the continuation of public business; and
WHEREAS, the City would like to retain Gregory Pfost's services as Interim Director of Community Development to allow the City sufficient time to recruit for and obtain a qualified permanent replacement; and
WHEREAS, an appointment under Government Code section 21221(h) requires an active recruitment for a permanent replacement, and the City began its recruitment for a permanent Director of Community Development on March 3, 2023 by posting a job announcement and opening the application period. The City has also begun outreach efforts to prospective candidates by placing advertisements; and
WHEREAS, this section 21221(h) appointment shall only be made once and therefore will end on September 20, 2023, or when the permanent Director of Community Development enters the position, whichever occurs first; and
WHEREAS, the employment shall be limited to 960 hours or fewer in a fiscal year, and Gregory Pfost shall limit his post -retirement work to no more than a total of 960 hours for all CaIPERS employers in a fiscal year; 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 $17,929.47 per month and the hourly equivalent is $103.4393; and
WHEREAS, the hourly rate paid to Gregory Pfost will be $103.4393; and WHEREAS, Gregory Pfost 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
D00401001110391288.v2
RESOLUTION NO. 23-
PAGE 2
NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. All of the recitals above are true and correct and are hereby incorporated by reference herein.
SECTION 2. The City Council hereby certifies the nature of the appointment of Gregory Pfost as described herein and that this appointment is necessary to fill the critically needed position of Director of Community Development for the City of Downey by March 20, 2023, because of the need to ensure the continued successful operation of public business.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 14th day of March, 2023.
CLAUDIA M. FROMETA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 14th day of March, 2023, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
February 27, 2023
Gregory Pfost
Reference: der of lntsrim Retired Annuflant Employm W#
Dear Gregory:
It is my pleasure to offer this conditional offer employment as a retired annuitant in the position of inreft Director of Community =Development for the City of Downey. This position is offered as authorized by Government Code sections 7522.56 and 21221(h).
As a rurrreN CalPERS annuitant, the specifics of this conditional employment offer are, Retired annuitant interim employees may only he appointed one to the vacant position.
o As a CalPERS annuitant you are Iimided to working nine hundred sixty (960) hours or le w thin a CaiPERS fiscal year (July 1 through June 30)• « A start date of employment is tentatively anticipated to be Monday, March 20, 2023.
« Direct reporting is to the City Manager.
The rate of pay is '$103.4393 per hour for the Interim Director of Community Development t ific.ation. As a CalPERS annuitant you shall not be paid any « There are no rights to em
If the terms of this conditional after of Interim retired annuitant employment are acceptable to you, please sign and return this written offer to my attention.
This offer of employment is contingent upon final City Council approval and results that the City deems acceptable from a completed comprehensive background check that Includes: reference checks, verification of completed formal education, verification of eligibility to work in the United States, criminal history search, including fingerprinting through the California Department of Justice, credit check, social security trace, and driving 'history review. The background process is coordinated by the City`s Human Resources Department.
This offer of employment is further conditioned upon your successful completion with acceptable results of a pre -placement medical examination to assess" your fitness to perfbffn the essential functions of the position. This medical examination will include a drug screening,
,Future Unlimited
ted
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123248ELLFLCWER 13LV€i
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DOWN6Y,CALIFQ%tNtA
PO Box701€.
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DOWNEY. CALIFORNIA
OOWNEY.CAVVCM:NIA
M41.7015
DOWNEY, CALIFORNIA
90242
90"1.7016
130242
202d1.7016
562�204.7360
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562404.7138
542-904. "2
S6r;•904.7194
Gregory Rost
February 27, 2023
It you have any questions in advance, you may contactthe Human Resources Department at (662) 904-7292,
Sincerely,
CITY OF DOWNEY
CITY MANAGER'S OFFICE
Vaniah De Rajas
Interim Assistant City Manager
VDR:ijm
Acknowledgement:
41, G a car r Pfr st® aclmcvAedge receipt of this conditional offer of temporary retired annuitant employment, As a CaIPERS annuitant, t understand this employment is fbr a limited duration and that I musk not exceed nine -hundred sixty (960) Fours with one or more Ca1PERS memberagencies during any fiscal year from July 1 through ,June 30, 1 am aware that failure to comply with the provisions of this appointment in accordance with GovernmerA Code 21221 may result in CalPE S mandatary reinstatement of ray active status subjecting me to penalties that include repayment of all monthly annuity payments with interest, and also sub*ts the City of Downey to monetary penalties, I acknowledge that t have not received unemployment benefits during the twelve (12) months preceding mar appointment with the City of Downey," V'A 0ZS
Sig at Date
Note. Upon acceptance, }Tease retain ;Original and retum a signed copy of this Employment Offer to the attention of the Depad mentlDNision hiring authority or to the Human Resources Dfb e,Cityoffowney,IfIf7Brookshire Avenue,Downey, CA 90241. cc: Human Resour s