CITY OF POMONA
COUNCIL REPORT
December 19, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: René Anderson, Human Resources/Risk Management Director SUBJECT: ADOPTION OF A RESOLUTION APPROVING EXCEPTION TO THE 180-DAY WAIT PERIOD FOR RETIRED ANNUITANT EMPLOYMENT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 7522.56(F) AND 21224 RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
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) EXECUTIVE SUMMARY:
California law requires that retirees from the California Public Employee Retirement System (CalPERS) wait 180 days before returning to work for a CalPERS agency. An exception can be made by the City Council. Approval of the proposed resolution will authorize an exception to the 180-day wait period to hire Linda Poliakon, a retired Accounting Manager whose retirement becomes effective on December 31, 2022, as a Technical Specialist II.
FISCAL IMPACT:
Funding is currently available through payroll’s salary savings in the FY 2022-23 Finance Budget. The part-time expense will be paid from Account Number 101-1120-51040-00000 for the recommended action.
DISCUSSION:
CalPERS Law, §7522.56(f) requires a retired annuitant to wait 180 days after retirement to be employed by a CalPERS employer, unless all of the following qualifying exceptions are met:
The public agency certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed.
Appointment has been approved by the governing body of the employer in a public meeting.
Appointment may not be placed on a consent calendar.
Ms. Linda Poliakon has been employed by the City for seventeen years and is a key member of the Finance Department as the Accounting Manager. She has extensive knowledge of the Payroll software currently used by the City. The City is currently at a critical point in backfilling vacancies and managing staff shortages. Ms. Poliakon possesses specialized knowledge, skills, and expertise in this field, which are required for the continuity of critical payroll functions.
Therefore, the Finance Department recommends the appointment of Ms. Poliakon as a Technical Specialist II to assist with payroll processes and reporting. The appointment will allow for Ms. Poliakon to train existing and new staff on the preparation, reconciliation, issuance, and filing of 2022 W-2s. Ms. Poliakon will work with Payroll staff to provide the Annual State Controller’s report, which is due in April 2023. This is a situation that requires efficiency in training, non-break in functions, and transition of the following duties:
Payroll structures such as earnings, deductions, taxable benefits, pretax plans, tax profiles, employee tax setup, premium rules, general ledger, matching contributions, checks and advices, direct deposit, bond processing, and workers’ compensation. She will conduct process such as check printing, direct deposit, tax reporting, and perform other job duties as required.
Upon approval by City Council, Ms. Poliakon will be appointed as a part-time hourly employee (limited to 960 hours maximum) at a rate of $51.15 per hour with no benefits Prepared by:
_____________________________
René Anderson
Human Resources/Risk Management Director
ATTACHMENT:
Attachment No. 1 – Resolution No. 2022-226
Exhibit A – Employment Offer Letter
Resolution Approving an Exception to the 180-day Wait Period