City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00661 3/11/2025 Discussion Item 5.
Declaration of Critical Need to Hire an Extra Help Senior Advisor to the Mayor Position and Authorization to Hire a Retired Annuitant to that Position File ID: 2025-00661
Location: Citywide
Recommendation: Adopt Resolutions: 1) repealing City Resolutions 2025-0036 and 2025-0037, adopted on February 11, 2025; 2) certifying the critical need to hire an extra help classification of Senior Advisor to the Mayor on or after February 12, 2025, for extra help; 3) waiving the 180-day wait period for initiating post-retirement employment; and 4) authorizing the Mayor to appoint Maria Alvarez as a retired annuitant into the Senior Advisor 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
4-Appointment Letter
Description/Analysis
Issue Detail: This report is being brought to Council to correct an error from Discussion Item on the City Council’s February 11, 2025, agenda regarding hiring a retired annuitant. In the Resolutions attached to Discussion Item 8, the classification of Chief of Staff to the Mayor was used, and this shall correct the record to show that the classification being filled is an extra help Senior Advisor to the Mayor.
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
File ID: 2025-00661 3/11/2025 Discussion Item 5.
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.
The Senior Advisor 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 retired from the State of California on February 11, 2025. She has previously served 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. Over the years, Ms. Alvarez has developed an extensive knowledge of the Sacramento region and local government operations. Her knowledge uniquely qualifies her to help with the critical need for extra help in the classification of Senior Advisor to the Mayor during the City’s transition to the new Mayor.
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 Senior Advisor to the Mayor position will be paid for out of the Mayor’s existing budget.
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 SENIOR ADVISOR 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 extra help position of Senior Advisor 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 $11,589.21 and the hourly equivalent is $66.860826, and the minimum monthly base salary for this position is $7,178.76 and the hourly equivalent is $41.415923.
K. The hourly rate paid to Maria M. Alvarez will be $66.860826.
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.
M. City Council Resolution numbers 2025-0036 and 2025-0037 included an error which requires correction, and so those resolutions must be repealed.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. City Council Resolutions 2025-0036 and 2025-0037 are hereby repealed.
Section 2. 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 extra help position of Senior Advisor 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 3. The Mayor is authorized to appoint Maria M. Alvarez to the position of Senior Advisor to the Mayor on or after February 12, 2025.
RESOLUTION NO. 2025-xxxx
Adopted by the Sacramento City Council
(Date)
RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD EXCEPTION California Government Code Sections 7522.56 and 21224
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the (governing body name) must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Maria M. Alvarez CalPERS ID_______ retired from State of California in the position of Chief of Staff to Assemblymember Kevin McCarty, effective February 11, 2025; and
WHEREAS, Gov. Code 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, Gov. 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; and WHEREAS, the Sacramento 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 Sacramento City Council hereby appoints Maria M. Alvarez as an extra help retired annuitant to perform the duties of the Senior Advisor to the Mayor for the City of Sacramento under Gov. Code section 21224 effective February 12, 2025; and
WHEREAS, the entire employment agreement, contract or appointment document between Maria M. Alvarez and the City of Sacramento has been reviewed by this body and is attached herein; 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 for all CalPERS employers; 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 base salary for this position is $11,589.21 and the hourly equivalent is $66.860826, and the minimum base salary for this position is $7,178.76 and the hourly equivalent is $41.415923; and
WHEREAS, the hourly rate paid to Maria M. Alvarez will be $66.860826; 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 Sacramento City Council hereby certifies the nature of the appointment of Maria M. Alvarez as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Senior Advisor to the Mayor for the City of Sacramento by February 12, 2025, because this position is critical to the daily operations of the office of the newly elected Mayor.
ATTACHMENT-Appointment Letter
(Signatures and other notations as per usual for resolution by governing body name including vote count)
Mayor’s Office
Main: (916) 808-5300
915 I Street, 5th Floor
Sacramento, CA 95814
February 12, 2025
Maria Alvarez
915 I Street, 5th Floor
Sacramento, CA 95818
Dear Maria:
Congratulations on your appointment as an extra help retired annuitant in the at-will exempt position of Senior Advisor to the Mayor, serving at the pleasure of the Mayor.
Your appointment is effective February 12, 2025, and your rate of pay will be $66.860826 per hour. Your extra help appointment will end at the conclusion of special project work, but no later than December 31, 2026. Pursuant to the Government Code governing retired annuitants:
1. Employment shall be limited to 960 hours per fiscal year for all CalPERS covered employers.
2. You are not eligible to receive any other benefit, incentive, compensation in lieu of benefit s, or other form of compensation in addition to the hourly pay rate.
3. You will be required to follow all other conditions related to the appointment of CalPERS retired annuitants.
You may be required to file a conflict -of-interest statement, which is a determination made by the City Clerk. Your department will provide the appropriate forms if required.
You have my best wishes for success and my support in this important position. I know you will do well!
Sincerely,
Mayor Kevin McCarty