Resolution/CalPERS Resolution
Rev: 11/22/17
RESOLUTION NO. 23-9215
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;
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, 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 4TH DAY OF APRIL, 2023, BY THE FOLLOWING VOTE:
AYES : COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
1. Giovannett i, Mark - Offer Letter
Resolution/CalPERS Resolution
Rev : 11 /22/17
Chahal, Hardy, Jain, Park, and Watanabe, and
Mayor Gillmor
None
Becker
None
ATTEST: ,~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2080 ● Fax: 408-985-0667 ● www.SantaClaraCA.gov 1
Human Resources
April 5, 2023
Mark Giovannetti
1295 Husted Ave.
San Jose, CA 95125
Dear Mark,
Congratulations! This is to confirm our offer of employment for the As-Needed position of Temporary Employee (Purchasing Division Manager) in the Finance Department with the City of Santa Clara.
Below are a few key provisions for your offer of employment:
• Effective Date: Wednesday, April 5, 2023
• Salary: Your hourly pay rate is $99.83 per hour.
• Employment Status: As-Needed employment is not to be considered permanent.
This is an “at-will” position and hours in any given week is not guaranteed. Under CalPERS regulations and the City of Santa Clara practices, As-Needed retired annuitants are not permitted to work more than 960 hours per fiscal year (July 1 through June 30). If you reach 960 hours during the fiscal year, your assignment will end. As-Needed employees will be enrolled in PARS retirement system in lieu of participation in CalPERS and Social Security. However, if you have been previously employed by a CalPERS employer and have funds on deposit with CalPERS, you will be enrolled in CalPERS and Social Security upon your first date of As-Needed employment with the City of Santa Clara.
• New Employee Orientation (NEO): You are required to attend NEO with the Human Resources Department to continue your employment. You have been scheduled to attend on:
o Monday, April 17, 2023 at 3:30PM at Santa Clara City Hall (City Cafeteria) at 1500 Warburton Avenue, Santa Clara, CA 95050
• Form I-9 Employment Eligibility Verification: All new employees are required to show documentation which proves their identity and their eligibility to work in the United States. A list of acceptable documentation can be found at http://uscis.gov/i-
9-central/acceptable-documents. Please bring I-9 employment verification identification with you on your first day of employment; original documents are required. This verification must be completed in person at the Human Resources Department within the first 3 days of your employment start date. If this Re: City of Santa Clara Offer of Employment – Mark Giovannetti April 5, 2023
2 is not completed within the deadline, you will be ineligible to work until you have completed your I-9 verification.
Please sign and date this offer letter and return it to me by Wednesday, April 5, 2023. If you have questions, please contact the Human Resources Department at (408) 615- 2080.
Sincerely,
xxxxxxXXXXXXXXXXXXXXX
for
Aracely Azevedo
Director of Human Resources
I accept the terms and conditions of my employment with the City of Santa Clara.
xxxxxxXXXXXXXXXXXXXXX
______________________________________ Date: ______________________ Mark Giovannetti