RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPOINTING MIKE MILHISER AS INTERIM CITY MANAGER WHEREAS, the City Council of the City of Rialto (“City”) proposes to, and hereby does by this resolution, enter into an employment agreement with Mike Milhiser, a retired CalPERS annuitant, to serve as the City’s Interim City Manager commencing May 15, 2024 which agreement is attached hereto as Exhibit “A”; and, WHEREAS, Government Code section 7522.56 and 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and, WHEREAS, by adoption of this resolution, the City intends to comply with the necessary requirements of the Public Employees’ Retirement Law related to the hiring and appointment of Mike Milhiser as the City’s Interim City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby incorporates the above recitals herein by reference.
SECTION 2. As required by the Public Employee Retirement Law, the City Council hearby finds and certifies the following:
That it is necessary to fill the critically needed position of Interim City Manager for the City of Rialto because the current Acting City Manager will return to her prior position as of 11:59 pm on May 14, 2024 leaving the position of City Manager vacant; and, The orderly functioning of the City, compliance with the Municipal Code and relevant state laws, and implementation of the lawful direction of the Rialto City Council requires a capable and competent person be in place as the Interim City Manager; and, On or before May 14, 2024 the City posted a recruitment for the position of City Manager, and The compensation to be paid to Mike Milhiser complies with the requirement that 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, at $170.67 hourly rate; and, Mike Milhiser 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.
SECTION 3. The City Council approves the Employment Agreement between the City and Mike Milhiser attached hereto as Exhibit “A” and authorizes the Mayor to execute the Employment Agreement.
PASSED, APPROVED AND ADOPTED this 14th Day of May, 2024.
Deborah Robertson, Mayor
ATTEST:
Barbara McGee, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
4883-3547-7101v.1
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RIALTO ) I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the day of .
Upon motion of Council Member , seconded by Council Member , the foregoing Resolution No. was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this day of .
Barbara McGee, City Clerk
RIV #4883-3547-7101 v1