January 16, 2024, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL January 16, 2024 Honorable Mayor and Members of the City Council Jodene Dunphy, Director of Human Resources an~ ~isk Management /{} Robert Manis, Director of Development Services ff!" ~ Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or [email protected] Robert Manis, Director of Development Services (858) 668-4601 or [email protected] Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway's Special Projects Engineer, Jeff Beers, retired on December 29, 2023, after more than 22 years of service with the City of Poway. Mr. Beers worked in the Capital Improvement Projects (CIP) division of Engineering in the Development Services Department and throughout his career, he was instrumental in completing approximately 216 CIP projects, including the Mickey Cafagna Community Center, Veterans Park and the recently reconstructed Lake Poway Upper Playground. The City recently opened and closed a recruitment to fill the position held by Mr. Beers before he retired but was not successful. Therefore, the City desires to temporarily hire back Mr. Beers as a retired annuitant while it continues to recruit an engineer to fill the vacant position. In order to do so, the governing body must waive the required CalPERS 180-day wait period for a retired annuitant to be temporarily hired back based on the critical need for their specialized knowledge and skills while a new recruitment is in progress and to train the new engineer. Recommended Action: It is recommended the City Council approve the resolution pursuant to Government Code Sections 7522.56 and 21221 (h) approving the waiver of the 180-day wait period for the newly retired Special Projects Engineer to temporarily work as a retired annuitant while the City recruits for the position. Discussion: California Government Code Sections 7522.56 and 21221 (h) authorize the City to 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 Cal PERS contracting agency for a period of 180 days 1 of 4
January 16, 2024, Item #9following 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. It has become increasingly difficult to recruit for the civil engineer series over the last few years, mainly due to competition from the private sector. In the Fall, the City opened an Assistant/Associate Civil Engineer recruitment to hire for two vacant positions, including the position held by Mr. Beers. One Assistant Engineer was hired, and the City is currently recruiting an Associate Civil Engineer in the CIP section to fill the position from which Mr. Beers retired. Fortunately, Mr. Beers agreed to temporarily work as a retired annuitant while the City recruits for the position. He will continue to work on critical capital improvement projects such as storm drain improvements, street maintenance and traffic control signal upgrades. Based on a successful career with the City of Poway, completing numerous capital improvement projects improving the safety and quality of life for community members in the City of Poway, Mr. Beers has the specialized knowledge and skills needed to continue the critical work within the CIP division of Engineering in the Development Services Department until a permanent engineer is hired. To comply with the Government Code and allow Mr. Beers to work as a retired annuitant, the City must submit to Cal PERS a copy of the approved and executed resolution and 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 Jeff Beers as a retired annuitant for the position of Special Projects Engineer is anticipated not to exceed $48,000. Sufficient funds are available in the department's budget to cover the expenses for the remainder of the current fiscal year. Public Notification: None. Attachments: A. Resolution Reviewed/Approved By: Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager
January 16, 2024, Item #9RESOLUTION NO. 24-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 21221(h) 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, Jeff Beers retired from the City of Poway as the Special Projects Engineer on December 29, 2023; WHEREAS, Jeff Beers has worked for the City of Poway for over 22 years and completed 216 capital improvement projects that have increased the safety and quality of life for Poway community members; WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 29, 2024, 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' Jeff Beers certify that Jeff Beers has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, an appointment under Government Code section 21221 (h) requires the retiree be appointed for a limited duration during the recruitment for a permanent appointment; WHEREAS, the governing body has authorized the search for a permanent appointment which is ongoing; WHEREAS, the Poway City Council hereby appoints Jeff Beers as an interim appointment retired annuitant to the vacant position of Special Projects Engineer for the City of Poway under Government Code 21221 (h), effective January 17, 2024; WHEREAS, this Government Code section 21221 (h) appointment shall only be made; 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 Cal PERS 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; 3 of 4 ATTACHMENT A
January 16, 2024, Item #9Resolution No. 24-Page 2 WHEREAS, per the current City of Poway Management/Confidential Salary Schedule the minimum monthly base salary for this position is $7,073 and the hourly equivalent is $40.8381, and the maximum monthly base salary for this position is $8,603 and the hourly equivalent is $49.6382; WHEREAS, the hourly rate paid to Jeff Beers will be the maximum hourly amount of the current range, which is indicated above; and WHEREAS, Jeff Beers has not and will not receive any other benefit, incentive, compensation in lieu of benefit from the City of Poway 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 Jeff Beers is necessary to fill the critically needed position of Special Projects Engineer for the City of Poway beginning January 17, 2024, because Mr. Beers has specialized skills as a retired annuitant, which are needed to ensure critical community capital improvement projects continue to move forward for the community. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of January 2024, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of 4