Resolution No. 2025-247
Resolution 2025-247
February 21, 2025
6 6
6 2
RESOLUTION NO. 2025-247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN BERNARDINO APPOINTING WILLIAM J.
GALLARDO AS CITY MANAGER ON AN INTERIM BASIS
WHEREAS, Government Code sections 7522.56 and 21221(h) permit the City Council to appoint a California Public Employees’ Retirement System (“CalPERS”) retired annuitant to a vacant position requiring specialized skills during recruitment for a regular 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, the position of City Manager became vacant effective February 5, 2025; and WHEREAS, in order to retain efficient and uninterrupted operation and management of the City the City Council desires to appoint William J. Gallardo as an interim appointment retired annuitant to the vacant position of City Manager for the City of San Bernardino pursuant to Government Code section 21221(h), effective February 21, 2025; and WHEREAS, William J. Gallardo has substantial experience serving in municipal government with an extensive history in management, including serving as the city manager for the City of Brea; and
WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the City has retained the services of Ralph Anderson and Associates to conduct the recruitment for a permanent appointment to the City Manager position and an announcement of the City’s recruitment for the City Manager position has been posted on the City’s website at https://www.sbcity.org/870/Current-Job-Opportunities; and WHEREAS, in compliance with Government Code Section 7522.56(f), the City must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since his or her retirement date; and
WHEREAS, William J. Gallardo retired as City Manager from the City of Brea effective December 31, 2024; and
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, 2025, without this certification resolution; and
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; and Resolution No. 2025-247
Resolution 2025-247
February 21, 2025
6 6
6 2
WHEREAS, the City Council, the City of San Bernardino, and William J. Gallardo, certify that William J. Gallardo did not receive a Golden Handshake or any other retirement related incentive; and
WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the regular appointment to the vacant position of City Manager commences his or her employment or, if earlier, the date that this appointment is terminated by the City or William J. Gallardo; and WHEREAS, it is understood by the City Council and William J. Gallardo that the combined total hours to be worked by William J. Gallardo in any fiscal year, for all retired annuitant positions with any CalPERS employer, shall not exceed the 960-hour limitation set forth in California Government Code sections 7522.56(d) and 21221(h); 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 monthly salary for the City Manager position is $27,814.58 and the hourly equivalent is $160.47; and
WHEREAS, the hourly rate to be paid to William J. Gallardo for his services as City Manager on an interim basis shall be $160.47, subject to any subsequent adjustment to the payrate for City Manager position listed on a publicly available pay schedule approved by the City Council; and
WHEREAS, William J. Gallardo has not and will not receive any other benefit, incentive compensation in lieu of benefits or any other form of compensation in addition to the hourly pay rate; and
WHEREAS, no matters, issues, terms, and/or conditions related to this appointment have been or will be placed on the consent calendar; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The City Council has considered the full record before it, which may include but is not limited to such things as the agenda staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2.The City Council hereby certifies the nature of the appointment of William J. Gallardo as described herein and that this appointment is necessary to ensure the efficient operation of the City.
Resolution No. 2025-247
Resolution 2025-247
February 21, 2025
6 6
6 2
SECTION 3. The City Council hereby waives the 180-day waiting period pursuant to Government Code Sections 7522.56(f)(1).
SECTION 4. William J. Gallardo has the specialized skills needed to perform the work required as the City Manager on an interim basis until a regular City Manager is appointed by the City Council and thereafter begins service.
SECTION 5. The City Council hereby appoints William J. Gallardo as City Manager on an interim basis effective February 21, 2025 pursuant to the authority provided under Government Code sections 21221(h) and 7522.56, during the active recruitment for a regular appointment to the City Manager position, to provide the critically-needed, specialized skills necessary to manage the City.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-247
Resolution 2025-247
February 21, 2025
6 6
6 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-247, adopted at a regular meeting held on the 21 st day of February 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.
Genoveva Rocha, CMC, City Clerk