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Home My WebLink AboutAgenda Report - February 3, 2021 H-01AGENDA ITEM H�i CITY OF L ODI . COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving the Exception to the 180 -day Waiting Period for Appointing a Retired Annuitant to Provide Training to New Fleet Superintendent MEETING DATE: February 3, 2021 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolution approving the exception to the 180 -day waiting period for appointing a retired annuitant to provide training to new Fleet Superintendent. BACKGROUND INFORMATION: The City of Lodi is a member of California Public Employee's Retirement System (PERS); as such the City must comply with the Government Code which sets forth post-retirement employment requirements which are applicable to all retirees. The Government Code provides specific criteria for hiring qualified annuitants. With the passage of Public Employees' Pension Reform Act of 2013 (PEPRA), all retirees must serve a 180 -day waiting period before they can be hired as an annuitant. Section 7522.56(f) (1) of the Government Code provides for the following exception to the 180 -day waiting period: The employer 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 appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. On December 30, 2020, Fleet Superintendent, Randy Laney retired after 25 years of service within the Fleet Division, prior to the new Superintendent being hired. Mr. Laney possesses a wealth of institutional knowledge that is pertinent to the City and the incoming Superintendent. There are numerous state and federal regulations, compliance and reporting requirements that the incoming Superintendent needs to be trained on. The City conducted a successful recruitment and the newly hired Superintendent is anticipated to begin employment on or about February 8, 2021. It is critical to the Fleet Division of the Public Works Department to ensure the continuity of work flow to provide a transition of that institutional knowledge to the newly hired Superintendent. The City proposes to hire Randy Laney, as a retired annuitant, to train the incoming Superintendent on the myriad of state and federal reporting processes. Mr. Laney possesses the required knowledge and experience to perform this work. Mr. Laney will be paid an hourly rate of $44.42 and would work on a limited duration basis, not to exceed 200 hours. Staff requests that Council approve the resolution approving the exception to the 180 -day waiting period and appoint Randy Laney as a retired annuitant in the position of part-time Fleet Superintendent, effective February 8, 2021. FISCAL IMPACT: This position will cost $44.42 an hour and will be utilized based on need, not to exceed $10,000. APPROVED:` Stephen 8-69Rer ity Manager FUNDING AVAILABLE. Funding from 65055000.71003 within Public Works. Adele Post Adele Post, Human Resources Manager Andrew Keys Andrew Keys, Deputy City ManageNlntemal Services Director Signature: dJ c D Signature: OftA , X&-qbJ Email: apost@lodi.gov Email: akeys@lodi.gov CITY COUNCIL ALAN NAKANISHI, Mayor MARK CHANDLER, Mayor Pro Tempore MIKEY HOTHI SHAK KHAN DOUG KUEHNE February 3, 2021 CITY OF LODI 2015 "Wine Region of the Year" HUMAN RESOURCES, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6607 www.lodi.gov cityclerknIodi-gov Mr. Randy Laney 2081 Providence Way Lodi, CA 95242 Mr. Laney: STEPHEN SCHWABAUER City Manager JENNIFER CUSMIR City Clerk JANICE D. MAGDICH City Attorney This letter is to officially offer you employment as a retired annuitant part-time Fleet Superintendent with the City of Lodi. This is a short-term assignment to provide training to the newly hired Fleet Superintendent. Your hourly rate of pay will be $44.42, not to exceed the monthly salary of $7,699.75. The anticipated duration of your part-time employment is 200 hours. Retired annuitants are restricted in the number of hours they can work for a CalPERS agency and shall be limited to 960 hours per fiscal year. Sincerely, ..- X�216 Adele Post Human Resources Manager RESOLUTION NO. 2021-33 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING EXCEPTION TO THE 180 -DAY WAIT PERIOD FOR RETIRED ANNUITANT -------------------------------------------------------------------------- WHEREAS, in compliance with Government Code Section 7522.56 the City of Lodi must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Randy Laney, CalPERS ID 6662888551, retired from the City of Lodi in the position of Fleet Superintendent, effective December 30, 2020; and WHEREAS, Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 28, 2021 without this certification resolution; and 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; and WHEREAS, the Lodi City Council, the City of Lodi, and Randy Laney certify that Randy Laney has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, the Lodi City Council hereby appoints Randy Laney as an extra help retired annuitant to perform the duties of the part-time Fleet Superintendent for the City of Lodi under Government Code Section 21224, effective February 8, 2021; and WHEREAS, the entire employment agreement, contract or appointment document between Randy Laney and the City of Lodi 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, the employment shall be limited to 960 hours per fiscal year; and 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, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $7,699.75 and the hourly equivalent is $44.42, and the minimum monthly base salary for this position is $6,334.61 and the hourly equivalent is $36.55; and WHEREAS, the hourly rate paid to Randy Laney will be $44.42; and WHEREAS, Randy Laney 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 RESOLVED that the Lodi City Council hereby certifies the nature of the appointment of Randy Laney as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically -needed position of part-time Fleet Superintendent for the City of Lodi by February 8, 2021, to provide critical training to the incoming Fleet Superintendent on State and federal regulations, compliance and reporting requirements, along with other City of Lodi Fleet processes, including Munis training; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: February 3, 2021 I hereby certify that Resolution No. 2021-33 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 3, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None E NIF City Clerk 2021-33 CITY COUNCIL ALAN NAKANISHI, Mayor MARK CHANDLER, Mayor Pro Tempore MIKEY HOTHI SHAK KHAN DOUG KUEHNE February 3, 2021 CITY OF LODI 2015 "Wine Region of the Year" HUMAN RESOURCES, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6607 www.lodi.gov cityclerknIodi-gov Mr. Randy Laney 2081 Providence Way Lodi, CA 95242 Mr. Laney: STEPHEN SCHWABAUER City Manager JENNIFER CUSMIR City Clerk JANICE D. MAGDICH City Attorney This letter is to officially offer you employment as a retired annuitant part-time Fleet Superintendent with the City of Lodi. This is a short-term assignment to provide training to the newly hired Fleet Superintendent. Your hourly rate of pay will be $44.42, not to exceed the monthly salary of $7,699.75. The anticipated duration of your part-time employment is 200 hours. Retired annuitants are restricted in the number of hours they can work for a CalPERS agency and shall be limited to 960 hours per fiscal year. Sincerely, ..- X�216 Adele Post Human Resources Manager