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ATCH 1 - Resolution

Napa City Council
May 21, 2024

Document
ATCH 1 - Resolution
Meeting
May 21, 2024
Body
Napa City Council
Original file
36 KB
Text extracted from the city's file for reading and search. Open the original on napacity.legistar1.com. That file is the official record.

RESOLUTION R2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, authorizing THE APPOINTMENT OF LORI BORG AS A RETIRED ANNUITANT PART-TIME EMPLOYEE (TECHNICAL ASSOCIATE - PUBLIC SAFETY DISPATCHER II), TO BE EMPLOYED WITHIN 180 DAYS OF THE EMPLOYEE'S RETIREMENT WHEREAS, the City may not hire a retiree within 180 days of his or her retirement date, unless the City Council makes the certifications to CalPERS in compliance with Government Code sections 7522.56 and 21224, as set forth in this resolution; and WHEREAS, Lori Borg, CalPERS ID 2624533902 retired from the City of Napa effective April 24, 2024; and WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is October 24, 2024; and WHEREAS, there is an exception to the 180 day waiting period if the City Council determines that the appointment is necessary to fill a critically needed position sooner than 180 days; and 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; and WHEREAS, Lori Borg has not and will not receive a “Golden Handshake” or any other retirement-related incentive; and WHEREAS, the City desires to appoint Lori Borg as an extra help retired annuitant to perform public safety dispatching-related duties as a Technical Associate (Public Safety Dispatcher II) for the City of Napa under Government Code section 21224, effective May 23, 2024; and WHEREAS, the entire Retired Annuitant Agreement (attached hereto as Exhibit “A” and incorporated herein by reference) between Lori Borg and the City of Napa has been reviewed by the City Council; and WHEREAS, no matters, issues, terms or conditions related to the City’s appointment of Lori Borg or the Retired Annuitant Agreement have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; 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 monthly base salary for this position is $8,609.50 and the hourly equivalent is $49.67 per hour, and the minimum monthly base salary for this position is $7,125.75 and the hourly equivalent is $41.11; and WHEREAS, Lori Borg will be paid an hourly rate of $49.67, which is the maximum hourly equivalent of this position, and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

2. The City Council hereby certifies that the nature of the City’s appointment of Lori Borg will be as set forth in the Retired Annuitant Agreement (attached hereto as Exhibit “A,” and incorporated herein by reference), and that this appointment is necessary to fill the critically needed position of Technical Associate (Public Safety Dispatcher II) by May 25, 2024 to complete critically needed dispatch related functions and other duties as needed.

3. The City Council hereby certifies that Lori Borg has specialized skills needed to perform these services, and the duties performed cannot be performed by current staff (as described in more detail in the public report to Council that accompanied this resolution).

4. The City Council hereby certifies that Lori Borg has not received any “Golden Handshake,” or any other retirement-related incentive, consistent with the requirements of Government Code Section 7522.56(g).

5. The City Council hereby approves the appointment and authorizes the City Manager to appoint Lori Borg to provide services to the City of Napa as a Public Safety Dispatcher II under the terms set forth in the Retired Annuitant Agreement (Agreement). Under the terms of the Agreement, the services shall be performed for the limited duration of May 23, 2024 through June 30, 2025; Lori Borg shall be limited to working no more than 960 hours per fiscal year; the City shall pay Lori Borg $49.67 per hour; and Lori Borg has not and will not receive any compensation in addition to this hourly pay rate.

6. The City Council hereby authorizes the City Manager to execute and implement, on behalf of the City, the Retired Annuitant Agreement with Lori Borg.

7. This Resolution shall take effect immediately upon its adoption.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 21st day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_________________________
Sabrina S. Wolfson
Interim City Attorney
R2024-__ Page 1 of 3 May 21, 2024
R2024-__ Page 1 of 3 May 21, 2024
ATTACHMENT 1
ATTACHMENT 1

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