RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, EXCEPTING THE 180-DAY WA IT
PERIOD FOR RETIRED ANNUTANTS IN A CCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h) WHEREAS, ihe City Council of the City of Fullerton mus t provide CalP ERS this certification resolution when hiring a retiree before 180 days has pas sed s ince his or her retirement date, in compliance with Government Code Section 7522.26.
WHEREAS, David Benedict will retire from the City of Fullerton in the position of Police Services Representative II, effective December 7, 2024.
WHEREAS, Government Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date without this certification resolution.
WHEREAS, Government Code Section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive.
WHEREAS, the City Council of the City of Fullerton and David Benedict certify that David Benedict has not and will not receive a Golden Handshake or any other retirement-related incentive.
WHEREAS, the City Council of the City of Fullerton appoints David Benedict as an extra help retired annuitant to perform Polic e Services Representative II duties for the City of Fullerton under Government Code Section 21221( h), effective December 8, 2024.
WHEREAS, an appointment under Government Code Section 21221(h) requires an active, publicly posted recruitment for a permanent replacement.
WHEREAS, t he City of Fullerton publicly pos ted recruitment for this vacant position on August 26, 2024.
WHEREAS, the City shall only make this Government Code Section 21221(h ) appointment once and therefore will end no later than December 8, 2025.
WHEREAS, the City has not nor will not place m atters, issues, t erms or conditions related to this em ployment a nd appointment on a consent calendar.
WHEREAS, the City shall limit the employment to 960 hours per fiscal year for all CalPERS employers.
WHEREAS, the compensation paid to retir ees cannot equal 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.
WHEREAS, the maximum base salary for this position is $6,087.99 per month and the hourly equivalent is $35.123; the minimum base salary for this position is $4,769.96 per month and the hourly equivalent is $27.519.
Resolution No. 2024-XXX
WHEREAS, the City will pay David Benedict $35.123 per hour.
WHEREAS, David Benedict 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. City of Fullerton hereby certifies the nature of the employment of David Benedict as described herein and that this appointment is necessary to fill the critically needed position of Police Services Representative II for the City of Fullerton.
ADOPTED BY THE FULLERTON CITY COUNCIL ON DECEMBER 3, 2024. __________________________________
Nicholas Dunlap
Mayor
ATTEST:
__________________________
Lucinda Williams, MMC
City Clerk
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Date