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Home My WebLink AboutAgenda Report - February 16, 2022 H-03AGENDA ITEM H663 CITY OF LODI - COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving the Exception to the 180 -day Waiting Period for Appointing a Retired Annuitant to Provide Support to the Transportation Division and Provide Training for the new Transportation Manager when Hired MEETING DATE: February 16, 2022 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 support to the Transportation Division and provide training for the new Transportation Manager, when hired. 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, 2021, Transportation Manager, Georgina Graham retired from the Transportation Division of Public works, prior to a new Manager being hired. Ms. Graham possesses a wealth of institutional and transit knowledge that is pertinent to the City. It is critical to the Transportation Division of the Public Works Department to ensure the continuity of workflow and to provide a transition of that institutional knowledge to the newly hired Transportation Manager. The Transit Division is subject to a myriad of complex State and Federal regulatory requirements that must be performed in order to secure Transit funding. The City proposes to hire Ms. Graham, as a retired annuitant to provide as -needed expertise to the Transit Division regarding these requirements, as well as act as a resource for the new Transportation Manager during their transition into the position to provide input regarding Transit operations. Ms. Graham possesses the required knowledge and experience to perform this work. Ms. Graham will be paid an hourly rate of $61.68 and shall be limited to working no more than 960 hours in the fiscal year. It is anticipated that this assignment will last between nine and twelve months. Staff requests that Council approve the resolution approving the exception to the 180 -day waiting period and appoint Georgina Graham as a retired annuitant in the position of part-time Transportation Manager, effective February 17, 2022. APPROVED: Steve SCilWabaUer Stephen Schwabauer, City Manager FISCAL IMPACT: This position will cost $61.68 an hour and will be utilized based on need, not to exceed $50,000. FUNDING AVAILABLE: Funding from 60054101.71003 within Public Works. Adele Post, Human Resources Manager Andrew Keys, Deputy City Manager/Internal Services Director CITY COUNCIL MARK CHANDLER, Mayor MIKEY HOTHI, Mayor Pro Tempore SHAK KHAN DOUG KUEHNE ALAN NAKANISHI February 17, 2022 CITY OF L OD I 2015 "Wine Region of the Year" HUMAN RESOURCES, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6700 / FAX (209) 333-6807 www.lodi.gov citymanager(a)lodi.gov Ms. Georgia Graham Ms. Graham: 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 Transportation Manager with the City of Lodi. This is a short-term assignment to provide subject matter expertise to the Transit Division regarding a myriad of complex State and Federal regulatory requirements, as well as act as a resource for the new Transportation Manager during their transition into the position to provide input regarding Transit operations. Your hourly rate of pay will be $61.68. 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, Adele Post Human Resources Manager Cc: Charles Swimley, Public Works Director RESOLUTION NO. 2022-48 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, Georgina Graham, CalPERS ID 5390635470, retired from the City of Lodi in the position of Transportation Manager, effective December 30, 2021; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 28, 2022 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 Georgina Graham certify that Georgina Graham has not and will not receive a Golden Handshake or any other retirement - related incentive; and WHEREAS, the Lodi City Council hereby appoints Georgina Graham as an extra help retired annuitant to perform the duties of the part-time Transportation Manager for the City of Lodi under Government Code section 21224, effective February 17, 2022; and WHEREAS, the entire employment agreement, contract, or appointment document between Georgina Graham 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 $10,691.20 and the hourly equivalent is $61.68, and the minimum monthly base salary for this position is $8,794.93 and the hourly equivalent is $50.74; and WHEREAS, the hourly rate paid to Georgina Graham will be $61.68; and WHEREAS, Georgina Graham 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; and NOW THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby certify the nature of the appointment of Georgina Graham 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 Transportation Manager for the City of Lodi by February 17, 2022, to provide critical support to the Transit Division on a myriad of complex State and Federal regulatory requirements that must be performed in order to secure Transit funding. Dated: February 16, 2022 I hereby certify that Resolution No. 2022-48 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2022-48 CITY COUNCIL MARK CHANDLER, Mayor MIKEY HOTHI, Mayor Pro Tempore SHAK KHAN DOUG KUEHNE ALAN NAKANISHI February 17, 2022 CITY OF L OD I 2015 "Wine Region of the Year" HUMAN RESOURCES, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6700 / FAX (209) 333-6807 www.lodi.gov citirnariagerPlodLgov Ms. Georgia Graham Ms. Graham: 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 Transportation Manager with the City of Lodi. This is a short-term assignment to provide subject matter expertise to the Transit Division regarding a myriad of complex State and Federal regulatory requirements, as well as act as a resource for the new Transportation Manager during their transition into the position to provide input regarding Transit operations. Your hourly rate of pay will be $61.68. 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, Adele Post Human Resources Manager Cc: Charles Swimley, Public Works Director