RESOLUTION NO. 2022-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA FOR EXCEPTION TO THE 180-DAY WAIT PERIOD FOR RETIRED ANNUITANT EMPLOYMENT (GOVERNMENT CODE SECTIONS 7522.56 & 21224) WHEREAS, in compliance with Government Code section 7522.56 the City of Pomona must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; WHEREAS, Linda Poliakon, CalPERS ID 3576048102 retired from the City of Pomona in the position of Accounting Manager, effective December 30, 2022; WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 30, 2023 without this certification resolution; WHEREAS, 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, the City of Pomona and Linda Poliakon certify that Linda Poliakon has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, the City Council of the City of Pomona hereby appoints Linda Poliakon as an extra help retired annuitant to perform the duties of Technical Specialist II for the City of Pomona under Government Code section 21224, effective January 3, 2023; WHEREAS, the entire employment agreement, contract or appointment document between Linda Poliakon and the City of Pomona has been reviewed by this body and is attached herein; WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; WHEREAS, the employment shall be limited to 960 hours per fiscal year; 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; WHEREAS, the maximum base salary for the position of Payroll Supervisor is $8,866 and the hourly equivalent is $51.15, and the minimum base salary for this position is $7,297 and the hourly equivalent is $42.09; WHEREAS, the hourly rate paid to Linda Poliakon will be $51.15; and WHEREAS, Linda Poliakon 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, BE IT RESOLVED by the Council of the City of Pomona as follows:
SECTION 1. The City Council hereby certifies the nature of the appointment of Linda Poliakon as described herein and detailed in the attached employment document and that this appointment is necessary to fill the critically needed position of Technical Specialist II that will serve as a consultant. Due to the number of vacancies in the City’s Payroll Division, Linda will train new staff on payroll policies, buyback calculations and letters, processing of MOU/contract benefits, updating payroll tables/yearly limits, payroll reconciliations, annual/quarterly filing of tax and State Controller Report and other job duties as assigned. The job offer letter shall serve as the appointment document and is attached herein as “Exhibit A”.
SECTION 2. The City Clerk shall attest and certify to the passage and adoption of this resolution and it shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 19th day of December, 2022 CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on December 19, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
Attachment 1