APPROVING THE HIRING OF JEFFREY BERK,
RETIRED ANNUITANT , AS A TEMPORARY
EMPLOYEE TO SERVE AS PART-TIME ACTING
CHIEF ASSISTANT CITY ATTORNEY FOR A
PERIOD OF LIMITED DURATION
City Council Meeting
February 14, 2023
Amy Reeve
Director of Human Resources
1 BACKGROUND
• Jeffrey Berk retired from his position as Chief Assistant City Attorney as of January 4, 2023.
• The City is currently conducting an open recruitment for his replacement. It is anticipated that the recruitment could take four to six months.
• There are critical issues and projects pending, which will need to be addressed while the recruitment for a
permanent replacement is underway.
• Mr. Berk has the specialized knowledge and skills required to address those critical issues and projects.
2 BACKGROUND
• To ensure a smooth transition and uninterrupted City
operations, it is recommended that Mr. Berk return as a Temporary Employee to serve in the position of part-time, Acting Chief Assistant City Attorney until February 20, 2024, or until a replacement is appointed.
• Mr. Berk is a CalPERS retired annuitant and his
employment is therefore governed by CalPERS regulations. 3 CalPERS Regulations
• Government Code section 21221(h) allows a retired person to serve without reinstatement upon interim appointment by the Council to a vacant position during recruitment for a permanent appointment and deemed by the Council to
require specialized skills or during an emergency to
prevent stoppage of public business.
• Pursuant to Government Code section 7522.56(f)(1),
retirees shall not be eligible to begin work for a period of 180 days following the date of retirement unless the
Council certifies the nature of the employment and that the appointment is necessary to fill a critically needed position within that initial period.
4 CalPERS Regulations
• The appointment must be of limited duration.
• The appointment must have a beginning date and an
end date.
• The retiree shall not work more than 960 hours each
fiscal year for CalPERS employers, except as otherwise
provided by Gubernatorial emergency declaration.
• Compensation must be within the existing hourly rate
of the Chief Assistant City Attorney position.
• The retiree shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of
compensation in addition to the hourly pay rate.
5 RECOMMENDATION
It is recommended by the City Attorney’s Office
and Human Resources Department that the
Council, by resolution, approve Jeffrey Berk to
be hired as a Temporary Employee to the
position of part-time Acting Chief Assistant City
Attorney for a limited period from February 21,
2023 through February 20, 2024, or until the
permanent full-time position is filled, whichever
is sooner, and certify the appointment is
necessary to fill the critically needed Chief
Assistant City Attorney position.
6 QUESTIONS?
7