DATE:
July 19, 2022
TO:
Mayor and City Council Members
FROM:
Trish Raver, Human Resources Director
SUBJECT:
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
RECOMMENDATION
Staff recommends the City Council adopt the Resolution consenting to the appointment of Adam Politzer as Interim City Manager and to an Employment Agreement (“Agreement”) between MESA and Adam Politzer as Interim City Manager effective August 1, 2022.
BACKGROUND
Current City Manager Christine Daniel announced her retirement earlier this year with her last day of employment being July 31, 2022. On June 7, 2022, the MESA Board of Directors assigned a sub-committee to be responsible for the interim City Manager placement and City Manager Executive Search process. The MESA Board Sub-Committee then directed the Human Resources Director to retain Ralph Andersen & Associates to assist in the placement of an interim City Manager while they conduct an executive search to fill the City Manager position on a permanent basis.
During the week of June 13th, the MESA Board Sub-Committee interviewed two (2) candidates for the position of Interim City Manager. At the conclusion of those interviews the Sub-Committee expressed a desire to retain the services of Adam Politzer, the retired City Manager for the City of Sausalito, while a recruitment for the permanent position is conducted. The Sub-Committee directed the Human Resources Director to draft a short-term agreement with Adam Politzer, a CalPERS retired annuitant, effective August 1, 2022.
State law requires the City Council to appoint retirees to certain vacancies in order to avoid any conflict with the other rules and requirements of the California Public Employees Retirement System (CalPERS).
Under Government Code section 21221, subparagraph (h), a governing body of an agency which contracts with CalPERS for retirement benefits may appoint a retiree on an interim basis to a vacant position during recruitment for a permanent appointment to a position deemed by the governing body to either: (1) require “specialized skills”; or (2) is necessary to fill during an emergency to prevent stoppage of public business. The appointment may not exceed a total of 960 hours for all employers in a fiscal year, including any employment pursuant to Government Code sections 21224 or 21229. The compensation for the interim appointment shall not be less than the minimum, nor more than the maximum published pay schedule for the vacant position.
The governing body shall only appoint the same CalPERS retiree once under the exception in Government Code section 21221(h). The CalPERS retiree also may not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. In addition, pursuant to Public Employees Pension Reform Act (PEPRA), the CalPERS retiree may not have received unemployment insurance benefits arising out of employment with a public employer during the 12-month period prior to the appointment. If a retired person impermissibly accepts an appointment after receiving unemployment insurance benefits arising out employment with the same employer, the retiree must terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
DISCUSSION
Mr. Politzer has 34 years of experience in local government leading teams to complete community objectives from conception to completion. He has extensive experience in budget administration, organizational efficiency, capital improvement oversight, employee training, and executive mentoring. Following his retirement from the City of Sausalito where he served as City Manager for 13 years, he has provided Interim Town Manager services to the Town of Fairfax. Mr. Politzer has also served on the executive board, or as chair, or liaison to many regional Joint Powers Authorities or committees in the area he served.
The MESA Agreement with Mr. Politzer, stating the terms and conditions of employment, is attached as an exhibit to the Resolution. The appointment and agreement between MESA and Mr. Politzer will be effective on August 1, 2022 and will remain in effect until the City Manager position is filled on permanent basis. Ralph Andresen & Associates will conduct a recruitment for a new City Manager working with the established MESA Board sub-committee on the process.
FISCAL IMPACT
The cost of the Interim City Manager position is incorporated into the current one-year 2022-2023 budget. Salary for the Interim City Manager position is $19,377 per month, based on a 40-hour work week. Budget for the permanent City Manager position will be used to cover the cost for this interim position.
STAFF COMMUNICATION WITH THE PUBLIC
There has been no communication with the public.
CONCLUSION
Staff recommends that the City Council adopt the Resolution Consenting to Appoint Adam Politzer as the Interim City Manager and Approving an Agreement between MESA and Adam Politzer as Interim City Manager effective August 1, 2022.
PREPARED BY: Trish Raver, Human Resources Director
Approved and Forwarded to the
City Council of the City of Emeryville:
Christine Daniel, City Manager
Attachments
Draft Resolution
Exhibit A – Proposed Agreement effective August 1, 2022 Appointment of and Employment Agreement with Adam Politzer as Interim City Manager City Council Meeting | July 19, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM