RESOLUTION FOR 180-DAY WAIT PERIOD EXCEPTION
Gov. Code sections 7522.56 & 21224
Resolution Number_________
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City of Palo Alto must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and WHEREAS, Aaron Miller (CalPERS ID 2242811828) retired from City of Palo Alto in the position of Assistant Plant Manager Water Quality Control Plant, effective December 31, 2025; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 29, 2026 without this certification resolution; and
WHEREAS, Gov. 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, the City Council, the City of Palo Alto and Aaron Miller certify that Aaron Miller has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City Council hereby appoints Aaron Miller as an extra help retired annuitant to perform the duties of the Assistant Plant Manager Water Quality Control Plant for the City of Palo Alto under Gov. Code section 21224, effective no sooner than March 1, 2026; and WHEREAS, the entire employment agreement, contract or appointment document between Aaron Miller and the City of Palo Alto has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; 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 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 $222,372.80 and the hourly equivalent is $106.91, and the minimum base salary for this position is $148,262.40 and the hourly equivalent is $71.28; and
WHEREAS, the hourly rate paid to Aaron Miller will be $106.91; and WHEREAS, Aaron Miller 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; and THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the nature of the appointment of Aaron Miller as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Assistant Plant Manager Water Quality Control Plant for the City of Palo Alto by March 2, 2026 because of the critical need to continue to the special project at the Regional Water Quality Control Plant (RWQCP) to modernize aging infrastructure and ensure continued regulatory compliance and service reliability.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ______________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ______________________________ City Attorney City Manager