TO:Andrew P. Powers, City Manager
FROM:Tim Giles, Human Resources Director
DATE:December 5, 2023
SUBJECT: Retired Annuitant Appointment
RECOMMENDATION:
1. Approve appointment of Jay Spurgin as a retired annuitant hourly employee.
2. Approve budget appropriation and authorize expenditure in the amount of $42,500 in FY 2023-24 and $17,000 in FY 2024-25 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-0960-644-1210 (General Fund, Navigation Center, Temporary/Hourly Employee).
3. Find that this action does not constitute a project as identified in the California Environmental Quality Act (CEQA).
FINANCIAL IMPACT:
$42,500 Increase to Adopted FY 2023-24 and $17,000 Increase to Adopted FY 2024-25 General Fund Budgets. Minimal staff time required to prepare the report is included in the Adopted FY 2023-24 General Fund Budget.
Budget increase will facilitate temporary employment of retired annuitant to assist with a construction project.
BACKGROUND:
Jay Spurgin retired from the City on February 6, 2020, as the Director of Public Works. Mr. Spurgin provided significant counsel, support, and advice to the City in overseeing and liaising with contractors constructing public infrastructure projects. City Council has directed the City to pursue the construction of a Navigation Center. The City desires to employ the specialized skills possessed by Mr. Spurgin for the limited duration of the construction project.
Retired Annuitant Appointment
December 5, 2023
DISCUSSION/ANALYSIS:
Pursuant to state law, City retirees who are members of the California Public Employees Retirement System (CalPERS) are precluded from returning to work for a covered agency, except in limited circumstances. Government Code 7522.56(c) provides that a retired annuitant may return to part-time employment, if the retired person has skills needed to perform work, of limited duration. The retired annuitant’s employment for any covered entities is limited to a cumulative maximum of 960 hours per fiscal year [Gov. Code 7522.56(d.)]. The City has previously appointed Mr. Spurgin as a consultant to the City Attorney’s Office regarding a CalAm water rate increase case. He also provides services to other CalPERS member jurisdictions.
The City has determined the need to retain Mr. Spurgin to work as a liaison with and oversee the work of the City’s private partner who will be constructing the Navigation Center. The City would propose to appoint Mr. Spurgin as a retired annuitant to an hourly position not to exceed a cumulative 960 hours per fiscal year for all covered services. The appointment will be for a limited duration and shall cease upon no later than the City’s acceptance of the improvements of construction. The hourly rate for the appointment will be within the range authorized by CalPERS regulations.
The City Attorney has reviewed the Ethics Code of Chapter 10 of Title 1 of the Thousand Oaks Municipal Code and the Administrative Ethics Policy and determined that the proposed appointment is not prohibited by applicable ethics rules.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
HRD:700-10\TG\H:\COMMON\StaffReports\2023\120523 Spurgin Appointment.docx