The appointment of the particular retired annuitant may only occur once. The retired annuitant’s salary cannot be less than the minimum or exceed the maximum for the vacant position as listed on the employer’s publicly available pay schedule for this position.
The retired annuitant cannot be paid any other compensation or benefits in addition to the hourly pay rate.
A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30) and CalPERS does not provide any exception to this limit. Nonpaid or volunteer hours can’t be used in order to exceed 960 hours in a fiscal year. The retiree will not accrue service credit or any additional retirement right or benefits.
DISCUSSION:
The Planning division has gone through significant transitions over the last couple of years, with many key positions retiring or moving to other opportunities. This resulted in a loss of institutional knowledge, and the leadership to train the new employees in key Modesto history and Planning projects. Out of the seven allocated positions in Planning, the division has three vacancies. At this time, development projects are still being actively submitted to the city for review and development with new areas being explored for future development. In addition to the development projects, the city is undertaking the General Plan Update, Housing Element, and South Modesto Plan. Staffing and leadership are needed to assist in a part-time basis to ensure the continuity of services to our community.
The Community and Economic Development Department is recommending the City hire Steve Mitchell on a part-time basis of up to six (6) months to provide special project and high priority duties for the Planning Division. Mr. Mitchell was the Department’s former Planning Manager, was employed with the city for over 42 years, and provided leadership for the City’s Planning Division team before his retirement. He has the experience, history and knowledge to assist in workload as well as train incoming hires.
FISCAL IMPACT:
Sufficient Funds are budgeted in FY 22-23 due to vacancies in the Planning division Fund and will be utilized for the salary expenses of the part-time position.
COMMITTEE RECOMMENDATION:
This was not taken to any committees.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution authorizing the services of Steve Mitchell on a part-time basis for a limited duration of up to six (6) months for the purposes of providing work on special projects to ensure high priority projects continue to completion; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action.
Approved by:
Christina Alger, Director of Human Resources
#28..
- 1220 -
City Council, February 14, 2023
Rehire of Retired Annuitant
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
#28..
- 1221 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AUTHORIZING THE SERVICES OF STEVE MITCHELL ON A PART-TIME BASIS FOR A LIMITED DURATION OF UP TO SIX (6) MONTHS
FOR THE PURPOSES OF PROVIDING WORK ON SPECIAL PROJECTS TO ENSURE HIGH PRIORITY PROJECTS CONTINUE TO COMPLETION; AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE THE
NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THE ACTION WHEREAS, the City requests authorization to utilize the services of retired annuitant Steve Mitchell on a part-time basis; and
WHEREAS, changes to the California Public Employee Retirement System (CalPERS), requires that a retiree serve a 180-day waiting period prior to being allowed to work for a CalPERS agency with the following exceptions; and WHEREAS, the California Public Employees’ Retirement System (CalPERS) recognizes that retirees can play an important role in maintaining city operations, particularly in short-erm or emergency situations; however, they also specify limitations on a retiree’s service when returning to work for a CalPERS agency. Government Code §7522.56 & 21221 (h) provides specific guidance on employing a CalPERS retiree without interruption to retirement benefits or reinstatement from retirement; and WHEREAS, CalPERS Publication 33 stipulates certain conditions must all be met in order for an appointment to move forward. These conditions are:
The retiree must wait 180 days after his or her retirement date before he or she can return to work for a CalPERS employer, unless there is a qualifying exception.
The appointment of a retired annuitant must be for a limited duration for a vacant position.
#28..
- 1222 -
2 The appointment of a particular retired annuitant must only occur once. The retired annuitant’s salary cannot be less than the minimum or exceed the maximum for the vacant position as listed on the employer’s publicly available pay schedule for the position.
The retired annuitant cannot be paid any other compensation or benefits in addition to the hourly pay rate.
A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30) and CalPERS does not provide any exception to this limit. Nonpaid or volunteer hours can’t be used in order to exceed 960 hours in a fiscal year.
The retiree will not accrue service credit or any additional retirement rights or benefits; and
WHEREAS, the Planning division has gone through significant transitions over the last couple of years, with many key positions retiring or moving to other opportunities and has resulted in a loss of institutional knowledge, and the leadership to train the new employees in key Modesto history and Planning projects; and WHEREAS, development projects are still being actively submitted to the city for review and development with new areas being explored for future development. In addition to the development projects, the city is undertaking the General Plan Update, Housing Element, and South Modesto Plan; and
WHEREAS, Mr. Mitchell was the Department’s former Planning Manager, was employed with the city for over 42 years, and provided leadership for the City’s Planning Division team before his retirement.
#28..
- 1223 -
3 WHEREAS, Mr. Mitchell has the experience, history and knowledge to assist in workload as well as train incoming hires.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby certifies the nature of the employment of Steve Mitchell as described herein and that this appointment is necessary to fill the critically needed position of providing extra help to the Planning Division on a part-time basis for a limited duration of up to 6 (six) months for the purposes of providing work on special projects to ensure high priority projects continue to completion.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to take the necessary steps to implement the provisions of this action.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of February, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#28..
- 1224 -
OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, FEBRUARY 14, 2023 at 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Kelly Mikolich v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ15250443, ADJ15250474
Steve Fischio v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned and ADJ12517812
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957 Government Code)
Title: City Auditor
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association #29..
- 1225 -
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees February 10, 2023 BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, CMC, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
#29..
- 1226 -
TO: THE CLERK OF THE CITY OF MODESTO
RE: CLOSED SESSION
Pursuant to Section 2-1.02 of the Modesto Municipal Code, you are hereby authorized and empowered to call a special Closed Session meeting of the Council of the City of Modesto to be convened on
TUESDAY, FEBRUARY 14, 2023 at 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Kelly Mikolich v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ15250443, ADJ15250474
Steve Fischio v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned and ADJ12517812
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957 Government Code)
Title: City Auditor
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
#29..
- 1227 -
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees February 10, 2023 BY ORDER OF THE CHAIR
/S
__________________________
SUE ZWAHLEN, Mayor
#29..
- 1228 -