DATE:
September 3, 2024
TO:
Paul Buddenhagen, City Manager
FROM:
Lilybell Nakamura, Human Resources Director
SUBJECT:
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 Recommendation
Staff recommends the City Council adopt the Resolution appointing Adam W. Politzer as Interim City Manager and approving an employment agreement between the City of Emeryville (“City”) and Adam W. Politzer as Interim City Manager and authorizing the Mayor to execute said agreement on behalf of the City effective September 9, 2024.
Background
Current City Manager Paul Buddenhagen is resigning effective September 5, 2024. The City Council directed the Human Resources Director to retain the services of prior Interim City Manager Adam W. Politzer to serve as Interim City Manager while the executive search firm of Bob Murray & Associates conducts a search to fill the City Manager position on a permanent basis.
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 employee’s 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
Enjoying a 35-year career in local government, Mr. Politzer retired from Sausalito as City Manager in 2020. His journey included working for the cities of Palo Alto, Belmont and Sausalito, where he served as their City Manager for 13 years. Since retiring, Mr. Politzer has served as Interim City Manager for the cities of Fairfax, Emeryville and Clayton, and Deputy City Manager for the City of East Palo.
Serving 6 months as Emeryville’s Interim City Manager (August 2022 - January 2023), Mr. Politzer worked alongside city staff to deliver key initiatives and fill several essential leadership positions including: City Manager, Human Resources Director, City Clerk, Community Services Director, and Finance Director. He is known for building strong, collaborative & inclusive teams. His “Team First” approach has contributed significantly to the successes of many organizations. He has extensive experience in all aspects of local governance including organizational development, succession planning, municipal finance, community development, & general city management.
The Agreement with Mr. Politzer, stating the terms and conditions of employment, is attached as an exhibit to the Resolution. The appointment and agreement between the City and Mr. Politzer will be effective on September 9, 2024 and will remain in effect until the City Manager position is filled on permanent basis. Bob Murray & Associates will conduct a recruitment for a new City Manager working with the City Council.
Fiscal Impact
The salary for the Interim City Manager position is $23,500 per month based on a 40-hour work week. The budget for the permanent City Manager position will be used to cover the cost for this interim position.
Conclusion
Staff recommends that the City Council adopt the Resolution appointing Adam W. Politzer as the Interim City Manager and approving an Employment Agreement between the City and Adam Politzer effective September 9, 2024.
PREPARED BY: Lilybell Nakamura, Human Resources Director Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Draft Resolution
Exhibit A – Employment Agreement
Appointment and Employment Agreement of Adam W. Politzer as Interim City Manager City Council Meeting | September 3, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM