Resolution/CalPERS Resolution
Rev: 11/22/17
RESOLUTION NO. 23- _
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
FOR EXCEPTION TO THE 180 -DAY WAITING PERIOD TO HIRE A
RETIRED ANNUITANT AS A TEMPORARY EXTRA HELP
EMPLOYEE (GOVERNMENT CODE SECTIONS 7522.56 AND
21224) AS A PURCHASING DIVISION MANAGER IN THE
FINANCE DEPARTMENT
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, in compliance with Government Code section 7522.56 the City of Santa Clara must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date;
WHEREAS, Mark Giovannetti (CalPERS ID 7677121453) retired from the City of Santa Clara in the position of Purchasing Division Manager in the Finance Department, effective April 3, 2023; WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is October 4, 2023 , without this certification resolution;
WHEREAS, section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the City of Santa Clara and Mark Giovannetti certify that Mark Giovannetti has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, the City of Santa Clara hereby appoints Mark Giovannetti as an extra help retired annuitant to perform the critically needed duties of Temporary Employee for the City of Santa Clara under Government Code section 21224, effective April 5, 2023; WHEREAS, the entire employment agreement, contract or appointment document between the City of Santa Clara and Mark Giovannetti has been reviewed by this body and is attached herein;
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar;
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Resolution/CalPERS Resolution
Rev: 11/22/17
WHEREAS, the employment shall be limited to 960 hours per fiscal year;
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; WHEREAS, effective February 5, 2023, the maximum hourly salary rate for the Temporary Employee position is $214.06, and the minimum hourly equivalent is $17.20; WHEREAS, the hourly rate paid to Mark Giovannetti will be $99.83; and
WHEREAS, Mark Giovannetti 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.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City of Santa Clara hereby certifies the appointment of Mark Giovannetti and that this appointment is necessary to fill the critically needed position of Temporary Employee for the City of Santa Clara by April 5, 2023. The retired annuitant was the Purchasing Division Manager for the Finance Department and will be rehired performing the comparable duties of the Purchasing Division Manager classification. The City would like to rehire Mark Giovannetti to serve as a lead for the Purchasing Division as part of the Finance Department. The Purchasing Division supports and facilitates the timely and efficient procurement of supplies, materials, equipment, and services by City departments while ensuring compliance to City policies, applicable government regulations, and best practices in public sector procurement to obtain the lowest cost while maintaining internal controls.
The position also oversees the central warehouse operations and processes to ensure that the City’s electric and water utilities are stocked with parts to support their operations and process outgoing mail for the City. Lastly, the division facilitates the disposition of surplus property to ensure a fair and transparent process is followed and maximum value is recovered. The City would like to rehire Mr. Giovannetti to provide continued assistance with several projects including large procurements for critical Silicon Valley Power infrastructure, Resolution/CalPERS Resolution
Rev: 11/22/17
contracts management system improvements, and procuring upgrades to the Finance revenue system. Mr. Giovannetti will also help to transition the new Purchasing Division Manager.
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF __, 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST:
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Giovannetti, Mark – Offer Letter