Cities Index.
Item 21 - Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant

Poway City Council
November 15, 2022

Document
Item 21 - Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant
Meeting
November 15, 2022
Body
Poway City Council
Original file
3.4 MB
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DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
November 15, 2022
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources and Risk Management ffe Robert Manis, Director of Development Services . D
Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 [email protected]
Robert Manis, Director of Development Services
(858) 668-4601 [email protected]
Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway is in the process of recruiting for a Senior Code Compliance Officer to perform duties related to the City's code compliance program, which include identifying, investigating, and correcting violations of the City's municipal, building, and zoning codes. Due to the long-term vacancy of the position, an urgent and critical need to address code compliance matters necessitates the City taking steps to fill the vacancy on a temporary basis until a permanent Senior Code Compliance Officer is hired. The City desires to hire retired City of Poway employee, Marc LeDrew, as a retired annuitant on a temporary basis in order to provide extra help with the code compliance program. Government Code Sections 7522.56 and 21224 allow for an agency to request a waiver to the 180-day waiting period, by way of City Council approval, before a retired annuitant may be re-employed by an agency that contracts with Cal PERS for retirement benefits.

Recommended Action:

It is recommended the City Council approve the resolution waiving the 180-day waiting period to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21224.

Discussion:

California Government Code Sections 7522.56 and 21224 authorize the City to re-employ a retired Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed. 1 of 7
November 15, 2022, Item #21
After serving the City for approximately thirty years, fourteen of which were as a Code Compliance Officer, Marc LeDrew retired from Poway in August 2022. Mr. LeDrew has specialized skills in code compliance specific to the City of Poway, and his services are needed over the next several months during the recruitment and onboarding of a Senior Code Compliance Officer to address the high volume of code compliance matters. Mr. Le Drew's compensation in the retired annuitant role would be limited to the posted salary schedule for the Code Compliance Officer classification. Retired annuitants are not eligible for any employee leaves or benefit programs.

Along with the resolution, also attached is the employment agreement between the City of Poway and a retired annuitant, which outlines the terms of the temporary employment. To comply with the Government Code and hire Mr. LeDrew as a retired annuitant, the City must submit to Cal PERS a copy of: 1) an approved and executed resolution; 2) the employment agreement; and 3) the publicly available salary schedule listing the comparable or vacant position.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The total estimated cost to hire Marc LeDrew as a retired annuitant Code Compliance Officer is anticipated not to exceed $35,000 and will be paid out of salary savings from vacancies in the Development Services department budget.

Public Notification:

None.

Attachments:

A. Resolution approving the 180-day waiting period exception to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21224
Reviewed/Approved By:

Wend~ aserman
Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
2 of 7
November 15, 2022, Item #21
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD

EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO
GOVERNMENT CODES SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees' Retirement Law, the Poway City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; WHEREAS, Marc LeDrew retired from the City of Poway in the position of Customer Services Field Worker, effective August 02, 2022;
WHEREAS, Marc LeDrew previously held the position of Code Compliance Officer with the City of Poway for fourteen years;
WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is January 29, 2023 without this certification resolution;
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; WHEREAS, the Poway City Council, the City of Poway and Marc LeDrew certify that Marc LeDrew has not and will not receive a Golden Handshake or any other retirement-related incentive;
WHEREAS, the Poway City Council hereby appoints Marc LeDrew as an extra help retired annuitant to perform the duties of the Code Compliance Officer for the City of Poway under Government Code section 21224, effective November 16, 2022; WHEREAS, the entire employment agreement between Marc LeDrew and the City of Poway has been reviewed by this body and is attached hereto as Exhibit A; 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 for all CalPERS employers;
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, per the current Management/Confidential Salary Schedule, attached hereto as Exhibit B, the minimum monthly base salary for this position is $5,090 and the hourly equivalent is $29.3627, and the maximum monthly base salary for this position is $6,186 and the hourly equivalent is $35.6900;
WHEREAS, the hourly rate paid to Marc LeDrew will be $35.6900; and

ATTACHMENT A
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November 15, 2022, Item #21
WHEREAS, Marc LeDrew 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 THAT the Poway City Council hereby certifies the nature of the employment of Marc LeDrew as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Code Compliance Officer for the City of Poway by November 16, 2022 because Mr. LeDrew has specialized skills after serving the City for thirty years which are needed over the next several months to address code compliance matters.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of November, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4 of 7
November 15, 2022, Item #21

EXHIBIT A

CITY OF POWAY
Retired Annuitant - Employment Agreement
Government Code (GC) sections 7522.56 and 21224 permit employees who retire and receive CalPERS retirement benefits to accept limited, post-retirement, employment without reinstatement or loss or interruption of benefits. A retired person (Retired Annuitant), whose employment without reinstatement is authorized by Government Code Sections 7522.56 and 21224, shall acquire no service credit or retirement rights unless they reinstate from retirement.

I. Conditions of Limited Appointment
Post-retirement service must be attributable to either an emergency event (to prevent stoppage of public business) or the Retired Annuitant has skills needed to perform work of limited duration (GC 7522.56.c).

II. Length of Appointment
Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC 7522.56.d) and both the City and the Retired Annuitant are responsible for tracking hours of employment Marc Le Drew has been appointed to serve as a Code Compliance Officer on an as-needed, interim basis, beginning November 16, 2022, in order to address code compliance matters.

Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement.

Marc LeDrew will immediately notify the City of Poway should they perform work as a Retired Annuitant for any other CalPERS member agency during the term of this agreement. __ (Initials) III. Compensation
The rate of pay for these services shall be no less than the minimum and no more than the maximum rate of pay for other employees performing comparable functions (GC 7522.56.d). Based upon the approved Salary Schedule for classifications within the Management Confidential Group, the City's hourly rate of pay for a Code Compliance Officer ranges from $29.3627 to $35.6900. For the term of this agreement, Marc LeDrew will be compensated at an hourly rate of $35.6900, which is within the approved, allowable pay range for this position.

Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hour pay rate including holidays, sick leave, vacation or any employee leave or benefit program.

IV. Unemployment Insurance Compensation
Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment, the Retired Annuitant received any unemployment insurance compensation arising out of prior employment with a public employer (GC 7522.56.e.1). Furthermore, a Retired Annuitant that accepts employment, and has received unemployment insurance compensation within the 12-month period preceding employment, must terminate employment effective the last day of the current payroll period. The Retired Annuitant shall not be eligible for reappointment for a period of 12 months following the termination date (GC 7522.56.e.2).

In accordance with these provisions, Marc LeDrew has not received unemployment insurance compensation during the 12-month period preceding this appointment. __ (Initials) 5 of 7
November 15, 2022, Item #21
V. 180-Day Rule
A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of retirement, unless one of the following conditions is satisfied for a local government agency:
• The City of Poway certifies the nature of the employment, and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (GC 7522.56 (t)l) Resolution #22- __ approved on November 15, 2022 (if applicable). • The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (GC 7522.56(t)4) Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be eligible for employment for a period of 180 days following the date of retirement and the provisions of GC 7522.56(t) shall not apply. (GC 7522.56(g))
Hiring a retiree prior to meeting the required waiting periods may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement.

Marc Le Drew did not receive a retirement incentive upon retirement. Mr. Le Drew retired from public service effective August 2, 2022. Based upon an effective date of November 16, 2022, the terms of this appointment are in compliance with the 180-day statutory requirements. __ (Initials) VI. Acknowledgement and Agreement
I, Marc LeDrew, Retired Annuitant, accept a limited appointment as a Code Compliance Officer with the City of Poway. By signing this agreement, I acknowledge that I am in compliance with the statutory provisions contained herein, and I further agree to maintain compliance for the duration of this agreement.

Retired Annuitant Date
Approved By:

Director of Human Resources/Risk Management Date
City of Poway
City Manager Date
City of Poway
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November 15, 2022, Item #21

EXHIBIT B
City of Poway
Management I Confidential Salary Schedule
Effective Sectember 20 2022
Classification Title I
Approx. Monthly
I Salarv Ran••
City Manager 22,664
r....-n, 1n 1 Cv,.mnt- 11.t-.\Alill Min- Max Min
Assistant City Manager 13,346 - 18,684 76.9976
Director of Community Services 12,710-17,795 73.3313
Director of Development Services 12,710-17,795 73.3313
Director of Finance 12,710-17,795 73.3313
Director of Human Resources & Risk Management 12,710 - 17,795 73.3313 Director of Public Works 12,710-17,795 73.3313
Fire Chief 12,710 - 17,795 73.3313
Classification Title I Grade I Approx. Monthly I Step 1 Salarv Range Graue 2A Exemet At-Will
Assistant Director of Public Works Utilities 731 9,937 - 12,080 57.3277 Assistant Director of Public Works Operations 731 9,937 - 12,080 57.3277 Assistant Director of Finance Operations 731 9,937 - 12,080 57.3277 City Clerk 681 8,778 - 10,670 50.6411
City Engineer 780 11,139-13,540 64.2668
City Planner 731 9,937 - 12,080 57.3277
Deputy Fire Chief 780 11,139-13,540 64.2668
Deputy Fire Marshal 620 7,503 - 9,121 43.2917
Finance Manager 681 8,778 - 10,670 50.6411
Fire Battalion Chief (not at-will/2912 hrs/yr) 570 9,285 - 11,286 38.2636 Parks and Trails Area Manager 560 6,470 - 7,865 37.3303 Principal Engineer - Utilities 731 9,937 - 12,080 57.3277 Public Works Operations Manager 681 8,778 - 10,670 50.6411 Recreation Area Manager 560 6,470 - 7,865 37.3303
Recreation Area Manager CY-Rated) 681 8,778 - 10,670 50.6411 Revenue and Operations Manager 681 8,778 - 10,670 50.6411 Water Treatment Plant Manager 681 8,778 - 10,670 50.6411 Graue 2B Exemet
Accountant 481 5,326 - 6,475 30.7255
Associate Civil Engineer 602 7,261 - 8,826 41.8893
Associate Planner 521 5,902 - 7,174 34.0517
Community Outreach Coordinator 571 6,678 - 8,117 38.5265 Deputy City Clerk 571 6,678 - 8,117 38.5265
GISAnalyst 531 6,050 - 7,354 34.9030
Information Technology Analyst 531 6,050 - 7,354 34.9030 Network & Computer Systems Analyst 550 6,312 - 7,673 36.4198 Management Analyst 531 6,050 - 7,354 34.9030
Network & Computer Systems Administrator 631 7,744-9,413 44.6789 Revenue and Operations Supervisor 571 6,678 - 8,117 38.5265 Senior Accountant 561 6,515 - 7,919 37.5868
Senior Civil Engineer 682 8,871 - 10,782 51.1773
Senior Code Compliance Officer 501 5,618 - 6,829 32.4109 Senior Fire Safety Inspector 541 6,201 - 7,537 35.7756
Senior Human Resources Analyst 571 6,678 - 8,117 38.5265 Senior Management Analyst 571 6,678- 8,117 38.5265
Senior Planner 581 6,845 - 8,320 39.4897
Special Projects Engineer 571 6,678-8,117 38.5265
Utilities Administrator 631 7,744-9,413 44.6789
Water Utilities Distribution Supervisor 640 7,884 - 9,583 45.4833 Group 3 Non-Exempt
Assistant Engineer 531 6,050 - 7,354 34.9030
Assistant Planner 491 5,481 - 6,662 31.6204
Code Compliance Officer 461 5,090 - 6,186 29.3627
Construction Maintenance Supervisor 501 5,618 - 6,829 32.4109 Facilities Maintenance and Special Districts Supervisor 501 5,618 - 6,829 32.4109 Fire Safety Inspector 461 5,090 - 6,186 29.3627
Fleet Maintenance Supervisor 521 5,902 - 7,174 34.0517
Management Assistant 491 5,481 - 6,662 31.6204
Parks Maintenance Supervisor 480 5,310 - 6,455 30.6387
Senior Accounting Technician 460 5,054 - 6,144 29.1623
Utility Systems Supervisor 650 8,081 - 9,822 46.6204
Wastewater Utilities Supervisor 620 7,504- 9,121 43.2917 Group 4 Non-Exempt
Accounting Technician II 360 3,948 - 4,799 22.7815
Administrative Assistant Ill 331 3,692 - 4,488 21.3002
Executive Assistant to the City Manager 451 4,965 - 6,035 28.6465 Human Resources Technician I 412 4,498 - 5,468 25.9523
Human Resources Technician II 451 4,965 - 6,035 28.6465 Senior Administrative Assistant - Confidential 380 4,148 - 5,042 23.9348 Hourly
I
Step 2
I
Step 3

60.1939 63.2037

60.1939 63.2037

60.1939 63.2037

53.1732 55.8319

67.4801 70.8541

60.1939 63.2037

67.4801 70.8541

45.4563 47.7291

53.1732 55.8319

40.1767 42.1856

39.1968 41.1567

60.1939 63.2037

53.1732 55.8319

39.1968 41.1567

53.1732 55.8319

53.1732 55.8319

53.1732 55.8319

32.2616 33.8747

43.9837 46.1827

35.7528 37.5413

40.4510 42.4745

40.4510 42.4745

36.6466 38.4798

36.6.466 38.4798

38.2411 40.1535

36.6466 38.4798

46.9109 49.2574

40.4510 42.4745

39.4644 41.4385

53.7360 56.4230

34.0300 35.7324

37.5628 39.4418

40.4510 42.4745

40.4510 42.4745

41.4623 43.5364

40.4510 42.4745

46.9109 49.2574

47.7575 50.1454

36.6466 38.4798

33.2000 34.8609

30.8295 32.3718

34.0300 35.7324

34.0300 35.7324

30.8295 32.3718

35.7528 37.5413

33.2000 34.8609

32.1708 33.7797

30.6206 32.1520

48.9514 51.3990

45.4563 47.7291

23.9206 25.1167

22.3643 23.4831

30.0776 31.5822

27.2488 28.6119

30.0776 31.5822

25.1318 26.3887
I
Step4
I

66.3639

66.3639

66.3639

58.6235

74.3968

66.3639

74.3968

50.1156

58.6235

44.2948

43.2145 ·

66.3639

58.6235

43.2145

58.6235

58.6235

58.6235

35.5684

48.4920

39.4178

44.5975

44.5975

40.4032

40.4032

42.1601

40.4032

51.7195

44.5975

43.5098

59.2440

37.5184

41.4133

44.5975

44.5975

45.7124

44.5975

51.7195

52.6527

40.4032

36.6033

33.9898

37.5184

37.5184

33.9898

39.4178

36.6033

35.4678

33.7587

53.9690

50.1156

26.3725

24.6570

33.1608

30.0420

33.1608

27.7073
Max
107.7966
102.6635
102.6635
102.6635
102.6635
102.6635
102.6635
Step 5

69.6909

69.6909

69.6909

61.5582

78.1167

69.6909

78.1167

52.6213

61.5582

46.5096

45.3752

69.6909

61.5582

45.3752

61.5582

61.5582

61.5582

37.3547

50.9165

41.3896

46.8285

46.8285

42.4243

42.4243

44.2678

42.4243

54.3067

46.8285

45.6863

62.2062

39.3952

43.4849

46.8285

46.8285

47.9992

46.8285

54.3067

55.2853

42.4243

38.4343

35.6900

39.3952

39.3952

35.6900

41.3896

38.4343

37.2409

35.4464

56.6674

52.6213

27.6911

25.8903

34.8195

31.5448

34.8195

29.0926
Appro,·cd al a regular meeting of
the Poway City Council on 9/20/2022
7 of 7
November 15, 2022, Item #21

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