City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00476 2/11/2025 Discussion Item 8.
Declaration of Critical Need to Fill the Chief of Staff to the Mayor Position and Authorization to Hire a Retired Annuitant to that Position
File ID: 2025-00476
Location: Citywide
Recommendation: Adopt a Resolution: 1) certifying the critical need to hire a Chief of Staff to the Mayor on or after February 12, 2025; 2) waiving the 180-day wait period for initiating post-retirement employment; and 3) authorizing the Mayor to appoint Maria Alvarez as a retired annuitant into the Chief of Staff to the Mayor classification.
Contact: Shelley Banks-Robinson, Director, (916) 808-5541, smbanks- [email protected], Department of Human Resources Presenter: Shelley Banks-Robinson, Director, (916) 808-5541, smbanks- [email protected], Department of Human Resources Attachments:
1-Description/Analysis
2-City Resolution
3-CalPERS Resolution
Description/Analysis
Issue Detail: Assembly Bill 340, the Public Employee Pension Reform Act of 2013 also known as PEPRA, was signed into law on September 12, 2012, and went into effect on January 1, 2013.
PEPRA created Government Code Section 7522.56 which requires public agency retirees to wait 180 days after retirement before returning to work for a public agency. This waiting period can be waived should the City Council certify the critical need to fill a specific position. The Government Code allows a retired annuitant to fill such a position where the employee has specific experience and skills necessary to perform the functions of the position for a limited time. Therefore, this request is before Council for approval.
The Chief of Staff to the Mayor classification serves in a role that is critical to City operations and to the success of the Mayor’s office. It also requires highly specialized experience if the person filling the job is to be successful. This position must be filled immediately, and must be filled by someone with sufficient experience to perform all of the job duties.
Maria Alvarez will retire from the State of California on February 11, 2025. She has previously served
File ID: 2025-00476 2/11/2025 Discussion Item 8.
as the District Director and Senior Council Representative to Councilmembers Kevin McCarty and Eric Guerra from November 23, 2004, to August 8, 2015. She also served as the Chief of Staff to Assemblymember Kevin McCarty. Her extensive knowledge and experience serving in these capacities make her an ideal candidate to fill this critical role in City Hall.
It is staff’s intent for Ms. Alvarez to fill the chief of staff position in order to facilitate the operations of the new mayor’s office for a limited time; ideally until a recruitment for the position can be initiated and completed.
Policy Considerations: The City Council may waive the 180-day waiting period for retired annuitants.
Economic Impacts: Not applicable.
Environmental Considerations: California Environmental Quality Act (CEQA): This action is not a project that is subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5)).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The City Council may waive the 180-day waiting period for retired annuitants when there is a critical need. Expertise and continuity in the Office of the Mayor requires Maria Alvarez’s expertise and immediate attention.
Financial Considerations: The Chief of Staff to the Mayor position is an existing budgeted full-time equivalent position.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2025-xxxx
Adopted by the Sacramento City Council
RESOLUTION OF EXCEPTION TO THE 180 DAY WAIT PERIOD FOR APPOINTMENT OF
A RETIRED ANNUITANT TO THE CHIEF OF STAFF TO THE MAYOR CLASSIFICATION California Government Code Sections 7522.56 and 21224
BACKGROUND
A. In compliance with Government Code section 7522.56 the City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date.
B. Maria M. Alvarez retired from the State of California in the position of Chief of Staff to Assemblyman Kevin McCarty, effective February 11, 2025.
C. Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is August 11, 2025, without this certification resolution.
D. Section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive.
E. The City Council, the City of Sacramento, and Maria M. Alvarez certify that Maria M.
Alvarez has not and will not receive a Golden Handshake or any other retirement-related incentive.
F. The City Council hereby authorizes the mayor to appoint Maria M. Alvarez to serve for a limited duration as a retired annuitant in the vacant position of Chief of Staff to the Mayor for the City of Sacramento pursuant to Government Code sections 7522.56 and 21224, effective on or after February 12, 2025.
G. No matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar.
H. The employment shall be limited to 960 hours per fiscal year.
I. 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.
J. The maximum monthly base salary for this position is $15,450.00 and the hourly equivalent is $89.134615, and the minimum monthly base salary for this position is $9,809.53 and the hourly equivalent is $56.593428.
K. The hourly rate paid to Maria M. Alvarez will be $89.134615.
L. Maria M. Alvarez 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.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council hereby certifies the nature of the appointment of Maria M. Alvarez as described in the staff report herein and that this appointment is necessary to fill the critically needed position of Chief of Staff to the Mayor for the City of Sacramento for a period of limited duration on or after February 12, 2025. This position is critical to the daily operations of the office of the newly elected Mayor of the City of Sacramento.
Section 2. The Mayor is authorized to appoint Maria M. Alvarez to the position of Chief of Staff to the Mayor on or after February 12, 2025.
RESOLUTION NO. 2025-xxxx
Adopted by the Sacramento City Council
RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD
California Government Code Sections 7522.56 and 21224
WHEREAS, in compliance with Government Code section 7522.56 the City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
WHEREAS, Maria M. Alvarez CalPERS ID_______ retired from the State of California in the position of Chief of Staff to Assemblymember Kevin McCarty, effective February 11, 2025; and
WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is August 11, 2025, without this certification resolution; and
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; and
WHEREAS, the City Council, the City of Sacramento and Maria M. Alvarez certify that Maria M. Alvarez has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council hereby appoints Maria M. Alvarez as a retired annuitant to perform critically necessary work of limited duration in the vacant position of Chief of Staff to the Mayor for the City of Sacramento under Government Code sections 7522.56 and 21224 effective February 12, 2025; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
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; and
WHEREAS, the maximum monthly base salary for this position is $15,450.00 and the hourly equivalent is $89.134615, and the minimum monthly base salary for this position is $9,809.53 and the hourly equivalent is $56.593428; and
WHEREAS, the hourly rate paid to Maria M. Alvarez will be $89.134615; and
WHEREAS, Maria M. Alvarez 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; and
THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the nature of the appointment of Maria M. Alvarez as described in the staff herein and that this appointment is necessary to fill the critically needed position of Chief of Staff to the Mayor for the City of Sacramento for a period of limited duration on or after February 12, 2025. This position is critical to the daily operations of the office of the newly elected Mayor.