RESOLUTION NO. 24-0139
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL APPOINTING MICHAEL LANG AS AN INTERIM
FIRE CHIEF AND APPROVING AN EMPLOYMENT
AGREEMENT
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, Michael Lang [CalPERS ID: 7268268908] will retire from the position of Fire Chief for the City of Manhattan Beach on December 30, 2024, at normal retirement age; and
WHEREAS, the City Council desires to appoint Michael Lang as an interim appointment retired annuitant to the vacant position of Fire Chief for the City of Manhattan Beach under Government Code sections 7522.56 and 21221(h), effective December 31, 2024; and
WHEREAS, the City Council, the City of Manhattan Beach, and Michael Lang certify that Michael Lang 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 the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the search for a permanent appointment has been initiated; and WHEREAS, Michael Lang will serve the City in his capacity as a public safety officer hired to perform functions regularly performed by a public safety officer; and WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore , unless sooner terminated as provided in th e employment agreement, will end on the earlier of (a) the date on which a duly appointed person assumes the duties of the position of Fire Chief; (b) the date on which Michael Lang reaches 960 hours of service as a retired annuitant in a fiscal year for all CalPERS covered employers; or (c) December 31, 2025; and
WHEREAS, the entire employment agreement between Michael Lang and the City of Manhattan Beach has been reviewed by this body and is attached herein; 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, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $316,260 and the hourly equivalent is $ 152.048, and the minimum base salary for this position is $ 244,140 and the hourly equivalent is $117.375; and
WHEREAS, the hourly rate paid to Michael Lang will be $152.00; and WHEREAS, Michael Lang 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
THEREFORE, THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council of Manhattan Beach hereby certifies the nature of the employment of Michael Lang as described herein and detailed in the Employment Agreement between the City of Manhattan Beach and Michael Lang.
SECTION 2. That this appointment is necessary to fill the critically needed position of Fire Chief for the City of Manhattan Beach by December 31, 2024. This appointment is critical for the continuity of efficient functioning of the Fire Department and in meeting the Council’s priorities for the Fire Department. Mr. Lang is exceptionally qualified for this interim assignment, bringing over 30 years of experience to the role. Throughout his lengthy and successful career in fire department operations in Southern California, he has developed specialized skills through both training and practical experience.
SECTION 3 . The City Council hereby approves the Employment Agreement between the City of Manhattan Beach and Michael Lang dated December 31, 2024, and directs the City Manager to execute the Agreement on behalf of the City.
ADOPTED on December 17, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
AMY THOMAS HOWORTH
Mayor
ATTEST:
____________________________
LIZA TAMURA
City Clerk