R
esolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPOINTING THOMAS R. HATCH AS CITY
MANAGER ON AN INTERIM BASIS AND APPROVING
EMPLOYMENT AGREEMENT
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HEREAS, Government Code sections 7522.56 and 21221(h) permit the City of Santa Ana (“City”) to appoint a California Public Employees’ Retirement System (“CalPERS”) retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retiree to reinstatement from retirement or loss of benefits so long as the applicable requirements are met;
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HEREAS, in order to ensure continuity in the operation and management of the City, the City Council desires to retain the services of Thomas R. Hatch, who is a retired member of CalPERS, to serve as Interim City Manager effective November 21, 2023; W
HEREAS, The City Council deems that the position of City Manager requires specialized skills and that, Thomas R. Hatch has such skills as evidenced by his extensive experience in managing, directing and overseeing an organization like the City, given his prior employment as City Manager and Interim City Manager for several cities in Orange County and Los Angeles County;
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HEREAS, an appointment under Government Code section 21221(h) requires an active recruitment for a permanent replacement and the City has an active recruitment;
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HEREAS, the 180-day wait period requirement set forth in Government Code Section 7522.56(f) does not apply because Thomas R. Hatch has been retired from a CalPERS agency for more than 180 days;
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HEREAS, this section 21221(h) appointment shall only be made once and therefore will end on the date immediately before the date on which the permanent replacement for the vacant position of City Manager begins his or her employment or, if earlier, the date that this appointment is terminated by the City Council or Thomas R.
Hatch;
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HEREAS, it is understood by the City Council and Thomas R. Hatch that the combined total hours to be worked by Mr. Hatch 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), unless an exception applies;
Resolution No. 2023-XXX
WHEREAS, the compensation paid to retired annuitants 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 an hourly rate; WHEREAS, the base annual salary for this position is $326,181 and the hourly equivalent is $156.82;
WHEREAS, the hourly rate to be paid to Thomas R. Hatch is $156.82; WHEREAS, Thomas R. Hatch will not receive any other benefits, incentives, compensation in lieu of benefit or any other form of compensation in addition to this hourly pay rate; and
WHEREAS, pursuant to Government Code section 7522.56(e)(1), Thomas R.
Hatch must certify in writing to the City Council upon accepting an offer of employment that he has not received any unemployment insurance compensation arising out of prior employment with a public employer that is subject to Government Code section 7522.56 during the 12-month period preceding the effective date of this appointment. Execution of the Agreement for Interim City Manager Services shall fulfill this requirement.
BE IT RESOLVED BY THE CITY COUNCIL OF T HE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The foregoing r ecitals ar e t rue a nd co rrect and ar e h ereby incorporated by reference.
Section 2. Thomas R. Hatch has the specialized skills needed to perform the work required of the City Manager position on an interim basis until a permanent City Manager is appointed by the City Council and thereafter begins service.
Section 3. The City Council hereby appoints Thomas R. Hatch as Interim City Manager effective November 21, 2023, until the day immediately before the date on which the permanent replacement for the vacant position of City Manager begins his or her employment, unless earlier terminated, pursuant to the authority provided under Government Code sections 7522.56 and 21221(h), pending the recruitment, selection and employment of a permanent City Manager, to provide the specialized skills necessary to manage the City of Santa Ana.
Section 4. The Mayor is authorized to execute an employment agreement for Interim City Manager services with Thomas R. Hatch on behalf of the City, provided that such agreement is consistent with the terms set forth in this Resolution.
Resolution No. 2023-XXX
Section 5 . This Resolution shall take effect immediately upon its adoption by a majority of the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution.
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DOPTED this ____ day of November, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, J ennifer L. Hall, City Clerk , do hereby attest to and certify the attached Resolution No. 2023 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
City Clerk
City of Santa Ana