RESOLUTION NO. 2026-XXX
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 JACQUELYN ACOSTA
TO FILL THE CRITICALLY NEEDED POSITION OF EXTRA HELP TO
THE FINANCE DIRECTOR PURSUANT TO GOVERNMENT CODE
SECTIONS 7522.56(F)(1) AND 21224 AND APPROVING AN
EMPLOYMENT AGREEMENT WITH JACQUELYN ACOSTA TO SERVE
AS EXTRA HELP TO THE FINANCE DIRECTOR
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, Jacquelyn Acosta retired from the position of Finance Director effective December 29, 2025; and
WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 28, 2026 (December 29, 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 to the Finance Director role, before 180 days have passed, due to Jacquelyn Acosta’s specialized skills to document and transfer knowledge unique to Union City to support the current Finance Director as he transitions into his 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 Jacquelyn Acosta certify that Jacquelyn Acosta 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 Jacquelyn Acosta as extra help to the Finance Director role under Government Code section 21224, effective January 28, 2026, through June 30, 2026; and
Resolution No. 2026-XXX
Post-Retirement Employment Exception for Jacquelyn Acosta as Extra Help to the Finance Director
WHEREAS, the entire employment agreement, contract, or appointment document between Jacquelyn Acosta 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 that 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 $21,558 and the hourly equivalent is $124.37, and the minimum monthly base salary for this position is $17,981, and the hourly equivalent is $103.74; and
WHEREAS, the hourly rate paid to Jacquelyn Acosta will be $124.37; and WHEREAS, Jacquelyn Acosta has not and will not receive any other benefit, incentive, or compensation in lieu of benefits or any 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 to the Finance Director, and that the nature of the temporary employment of Jacquelyn Acosta as extra help to the Finance Director, 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 Finance Director from January 28, 2026 to no later than June 30, 2026. Jacquelyn Acosta shall fill this critically needed position due to her specialized knowledge, requisite skills, and project management experience gained over the years of working for the City of Union City. Jacquelyn Acosta 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. 2026-XXX
Post-Retirement Employment Exception for Jacquelyn Acosta as Extra Help to the Finance Director
Resolution No. 2026-XXX
Post-Retirement Employment Exception for Jacquelyn Acosta as Extra Help to the Finance Director
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on January 27, 2026, 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