RESOLUTION NO.
Resolution Of The City Council Consenting To The Appointment Of Adam Politzer As Interim City Manager And To The Approval Of An Employment Agreement Between MESA And Adam Politzer As Interim City Manager
WHEREAS, Government 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 MESA Board appointed Adam Politzer, a retired annuitant, to the position of Interim City Manager for the City of Emeryville under Government Code Section 21221(h), a position that will become vacant on July 31, 2022; and WHEREAS, the MESA Board, the MESAand Adam Politzer certified that Adam Politzer has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Government Code Section 21221(h) requires that the retiree is appointed into the interim appointment during the recruitment process for a permanent appointment; and
WHEREAS, the search for a permanent City Manager has commenced; and WHEREAS, this Government Code Section 21221(h) appointment shall only be made once and therefore will end once a permanent City Manager has been hired; and WHEREAS, the agreement between Adam Politzer and the MESA has been reviewed by this body and is attached hereto; 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 City Manager monthly salary is $19,377, based on a 40-hour work week at $111.79 per hour; and
WHEREAS, Adam Politzer 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, the MESA Board of Directors, through their designated representatives, and Adam Politzer have negotiated the terms of an Employment Agreement commencing August 1, 2022 until a permanent City Manager has been hired, as set forth in Exhibit A attached hereto; now, therefore, be it
DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5 Resolution No.
Consent to Appointment and to Employment Agreement with Interim City Manager Adam Politzer City Council Meeting | July 19, 2022
RESOLVED, by the City Council of the City of Emeryville hereby consents to the appointment of Adam Politzer as Interim City Manager and to the approval of an Employment Agreement between the Management of Emeryville Services Authority and Adam Politzer as Interim City Manager in the form attached hereto as Exhibit A.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 19, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Interim City Manager Employment Agreement DocuSign Envelope ID: 108F1920-1D2B-4857-B50E-FD001B715CA5