RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AN EXCEPTION TO THE 180-DAY WAITING PERIOD FOR
THE POST-RETIREMENT EMPLOYMENT OF FAROOQ AZIM TO FILL
THE CRITICALLY NEEDED POSITION OF EXTRA HELP FOR THE CITY
ENGINEER PURSUANT TO GOVERNMENT CODE SECTIONS
7522.56(F)(1) AND 21224 AND APPROVING AN EMPLOYMENT
AGREEMENT WITH FAROOQ AZIM TO SERVE AS EXTRA HELP TO
THE CITY ENGINEER
WHEREAS, in compliance with Government Code Section 7522.56(f)(1) of the Public Employees’ Retirement Law, the City Council of the City of Union City (“City Council”) must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since their retirement date; and
WHEREAS, Farooq Azim retired from the position of City Engineer in the Public Works Department effective October 6, 2025; and
WHEREAS, Government Code section 7522.56 requires that postretirement employment commence no earlier than 180 days after the retirement date, which is April 4, 2026 (October 6, 2025, plus 180 days), absent any exception; and WHEREAS, Government Code section 7522.56(f)(1) provides an exception to the 180-day requirement if the City certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the governing body of the City has approved the appointment in a public meeting, provided that the appointment is not placed on a consent calendar; and WHEREAS, the City Council of the City of Union City certifies that the nature of the employment is necessary to fill the critically needed position of Extra Help for the City Engineer role, before 180 days have passed, due to Farooq Azim’s specialized skills to train and support the incoming City Engineer as they transition into their new position; and
WHEREAS, Government Code section 7522.56(g) provides that this exception to the 180-day waiting period shall not apply if the retiree accepts any retirement incentive; and
WHEREAS, the City Council of the City of Union City, the City of Union City, and Farooq Azim certify that Farooq Azim has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council of the City of Union City recognizes and authorizes the appointment of Farooq Azim as Extra Help for the City Engineer role under Government Code section 21224, effective October 18, 2025, through June 30, 2026; and
Resolution No. 2025-XXX
Post-Retirement Employment Exception and Agreement for Farooq Azim
WHEREAS, the entire employment agreement, contract or appointment document between Farooq Azim and the City of Union City has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, Government Code section 7522.56(d) provides 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, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $19,938 and the hourly equivalent is $115.03, and the minimum monthly base salary for this position is $16,604 and the hourly equivalent is $95.79; and
WHEREAS, the hourly rate paid to Farooq Azim will be $115.03; and WHEREAS, Farooq Azim has not and will not receive any other benefit, incentive, or compensation in lieu of benefits or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby certifies that the City needs to fill the critically needed position of Extra Help for the City Engineer, and that the nature of the temporary employment of Farooq Azim as Extra Help for the City Engineer, as detailed in the attached appointment document, shall be for the purpose of to assisting in transition planning, training and onboarding of the newly hired City Engineer from October 18, 2025 to July 31, 2026.
Farooq Azim shall fill this critically needed position due to his specialized knowledge, requisite skills, and project management experience earned over the course of the last 34 years of work for the City. Farooq Azim possesses the specialized skills needed to perform this work, and this appointment qualifies for an exception under Government Code Sections 7522.56(f) and 21224.
Resolution No. 2025-XXX
Post-Retirement Employment Exception and Agreement for Farooq Azim
Resolution No. 2025-XXX
Post-Retirement Employment Exception and Agreement for Farooq Azim
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of October 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney