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DISCUSSION
City of San Bernardino
Request for Council Action
Date: February 21, 2025
To: Honorable Mayor and City Council Members
From: Tanya Romo, Acting City Manager; Andrea Russell, Director of Human Resources
Department: City Manager, Human Resources
Subject: Adoption of Resolution No. 2025-247 Appointing an Interim City Manager (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-247, appointing William J. Gallardo as Interim City Manager.
Executive Summary
Approving a resolution for employment of an Interim City Manager, effective February 21, 2025.
Background
On February 5, 2025, the City Manager position became vacant. Although the City has commenced recruitment for a regular appointment to the position, the recruitment will take some time. As such, it is prudent to appoint an interim City Manager to ensure the continued efficient operation of the City.
Discussion
William J. Gallardo retired as City Manager of the City of Brea effective December 31, 2024. With over 35 years of experience in administration and management, he is an ideal candidate for the interim appointment. Accordingly, staff recommends that the City Council appoint Mr. Gallardo as interim City Manager effective February 21, 2025.
As a CalPERS retiree, the appointment of Mr. Gallardo as interim City Manager is subject to the working after retirement rules codified at Government Code sections 7522.56 and 21221(h), including the 180-day waiting period which must be waived by the City Council.
The California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) requires a 2 5
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180-day waiting period before a retiree can return to work for a public agency; however, the 180-day waiting period is not applicable if the employer adopts a resolution establishing the critical need for the appointment as is the case here so long as the retiree did not retire with a retirement incentive such as the CalPERS golden parachute (i.e., 2 years additional service credit). In addition to the requirements of PEPRA, the appointment of a retiree to a vacant position must comply with section 21221(h) of the Public Employees’ Retirement Law (“PERL”). In accordance with PERL, the appointment is permissible if it is made during the recruitment for a regular appointment to the position and it is approved by the governing body of the employer in a public meeting and not on a consent calendar.
As a CalPERS retiree, Mr. Gallardo will only be authorized to work 960 hours in a fiscal year (July 1 to June 30) combined for any retired annuitant appointment during the fiscal year, unless an exception applies. Further, he cannot be paid more than what the City would otherwise pay a person filling the City Manager position according to its publicly available pay schedule. In addition, the City must initiate active recruitment efforts for a permanent appointment to the City Manager position no later than the day that Mr. Gallardo begins his interim appointment. Staff has worked with the City Attorney’s Office to ensure that additional requirements will be met.
Under applicable law, the City Council must pass a resolution that makes certain findings before it can employ a CalPERS retiree on an interim basis, including waiving the 180-day waiting period. The attached Resolution No.2025-247 provides for the appointment of Mr. Gallardo prior to the expiration of the 180-day waiting period in conformity with the requirements of Government Code sections 75422.56 and 21221(h).
The Resolution reflects Mr. Gallardo’s appointment as interim City Manager, his hourly rate of $160.47 (calculated pursuant to the requirements of Government Code section 21221(h)), and the term of the appointment. If approved by the City Council, the appointment would be effective immediately after conclusion of the meeting and would continue, unless terminated earlier by the City or Mr. Gallardo. 2021-2025 Strategic Targets and Goals
The authorization to execute the employment agreement aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community.
Fiscal Impact
Mr. Gallardo would be paid an hourly rate of $160.47 per hour, which is not less or greater than the hourly equivalent of the salary for the City Manager position as stated in the City’s publicly available pay schedule. He cannot receive any other compensation, benefits, or paid leave, unless otherwise required by state or federal law.
Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution NO. 2025-247, appointing William J. Gallardo as Interim City Manager.
Attachments
Attachment 1- Resolution No. 2025-247
Ward:
All Wards