CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Appointing an Interim Director of Public Works, Operations and Maintenance (U)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-189 appointing Lynn C. Merrill as Director of Public Works, Operations and Maintenance (U) on an interim basis; and
2. Approve Retired Annuitant Employment Agreement.
Executive Summary
To ensure the continuity of operations in the Public Works, Operations and Maintenance Department while the recruitment for the Director of Public Works, Operations and Maintenance (U) is underway, it is recommended that the City retain the services of Mr. Lynn C. Merrill, a California Public Employees Retirement System (CalPERS) retiree, to serve as Director of Public Works, Operations and Maintenance (U) on an interim basis.
Background
On September 15, 2023, a vacancy occurred for the position of Director of Public Works, Operations and Maintenance (U) for the City of San Bernardino. The City Manager reached out to Mr. Merrill due to his high level of knowledge, skills, and abilities to perform the job duties until the recruitment for the Director of Public Works, Operations and Maintenance (U) concludes and a regular appointment is made.
Prior to his retirement, Mr. Merrill held the position Director of Public Services (U) with the City of San Bernardino. Mr. Merrill has over 45 years of public and private sector experience in Public Works, Streets, Sewers, Water Utility, Facilities and Fleet operations. Mr. Merrill’s employment terms will comply with all applicable statutes and regulations regarding the hiring of a retired annuitant. As such, the City Manager is recommending approval of the attached resolution.
Discussion
State and federal laws provide specific employment restrictions for retirees who return to work with an employer in the same public retirement system from which they receive a benefit.
Mr. Merrill’s appointment is eligible for the “vacant position” employment option under the CalPERS retired annuitant rules, which provides for an appointment to an interim position by the governing body as authorized by Government Code section 21221(h), the Mayor and City Council must make the appointment and approve the employment agreement by resolution. In addition, an appointment under Section 21221(h) requires the City to be actively pursuing a permanent replacement. The City is presently in the process of selecting a recruitment firm to assist with the recruitment for a permanent Director of Public Works, Operations and Maintenance (U). The City will continue to abide by Section 21221(h) and will take further steps to actively recruit for a permanent Director of Public Works, Operations and Maintenance (U). The interim appointment will end when the regular replacement for the vacant position of Director of Public Works, Operations and Maintenance (U) for the City commences their employment or, if earlier, the date that this appointment is terminated by the City or the selected candidate.
In accordance with applicable law, the proposed contract limits the number of hours which may be worked in any fiscal year to 960 hours. Further, 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. For the position of Interim Director of Public Works, Operations and Maintenance (U), that rate is $106.36 (i.e., $18,436.18, which is both the top step for the Director of Public Works, Operations and Maintenance (U) position on the approved salary schedule, divided by 173.333).
Lastly, in accordance with the applicable law, the employment agreement does not provide for any other benefit, incentive compensation in lieu of benefits, or any other form of compensation in addition to this hourly pay.
2021-2025 Strategic Targets and Goals
Approving an employment agreement with Interim Director of Public Works, Operations and Maintenance (U) aligns with Goal No. 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
Sufficient funding is included in the FY 2023/24 Adopted Budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-189 appointing Lynn C. Merrill as Director of Public Works, Operations and Maintenance (U) on an interim basis
2. Approve Retired Annuitant Employment Agreement.
Attachments
Attachment 1 Resolution 2023-189;
Attachment 2 Exhibit A – Retired Annuitant Employment Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A