Cities Index.
Draft Resolution

Emeryville City Council
September 3, 2024

Document
Draft Resolution
Meeting
September 3, 2024
Body
Emeryville City Council
Pages
2
Original file
257 KB
Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Appointing Adam W.

Politzer As Interim City Manager And Approving An Employment Agreement Between The City Of Emeryville And Adam W. Politzer As Interim City Manager And Authorizing The Mayor To Execute Said Agreement On Behalf Of The City 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 City Council desires to appoint Adam W. 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 September 6, 2024; and WHEREAS, the City Council and Adam W. Politzer certify that Adam W. 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 W. Politzer and the City 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 $23,500, based on a 40-hour work week at $135.58 per hour; and
WHEREAS, Adam W. 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 City Council, through their designated representatives, and Adam W.

Politzer have negotiated the terms of an Employment Agreement commencing September 9, 2024 until a permanent City Manager is hired, as set forth in Exhibit A attached hereto; now, therefore, be it
Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9 Resolution No. _____
Appointment and Employment Agreement of Adam W. Politzer as Interim City Manager City Council Meeting | September 3, 2024

Page 2 of 2 ends

RESOLVED, by the City Council of the City of Emeryville hereby appoints Adam W.

Politzer as Interim City Manager and approves an Employment Agreement between the City of Emeryville and Adam W. Politzer as Interim City Manager in the form attached hereto as Exhibit A and authorizes the Mayor to execute said Agreement of Employment on behalf of the City of Emeryville.

ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, September 3, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
 Exhibit A – Employment Agreement
Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9

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