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HomeMy WebLinkAbout2016-06 CC Reso - Auth Retired Police Captain to Work Temporarily1 RESOLUTION No. 2016- 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE CITY'S RETIRED POLICE CAPTAIN TO WORK ON A TEMPORARY BASIS DURING THE RECRUITMENT AND ORIENTATION OF A REPLACMENT PEACE OFFICER POSITION. WHEREAS, section 7522.56 requires that post- retirement employment commence no earlier than 180 days after the retirement date, which is December 26th 2015; and WHEREAS, Government Code section 7522.56(f) provides that a retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he meets one of four conditions, which in this case would include (1) 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; and WHEREAS, in compliance with Government Code section 7522.56 the City must provide CaIPERS this certification resolution when hiring a retiree before 180 days has passed since the incumbents retirement date; and WHEREAS, the current incumbent, Trent Taylor has retired on December 26th 2015; and WHEREAS, due to the critical nature of the duties and responsibilities associated with the position of Police Officers and the requirement to ensure that such are continued to be applied until a new, full -time replacement officer can be recruited, it is necessary and most efficient for the current incumbent, Trent Taylor to continue his peace officer duties on a temporary basis until recruitment and /or orientation is completed; and WHEREAS, section 7522.56 provides that this exception of the 180 day wait period shall not apply if the retiree accepts any retirement - related incentive; and WHEREAS, the City of Ukiah and Trent Taylor certify that Trent Taylor has not and will not receive a Golden Handshake or any other retirement - related incentive; and WHEREAS, the City hereby appoints Trent Taylor as an interim appointment retired annuitant to the vacant position of Police Sergeant for the City of Ukiah under Government Code section 21221(h) effective January 31st 2016; and WHEREAS, an appointment under Government Code section 2122(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the current status of this recruitment is open and in process, and the City has maintained open continuous recruitment, however the City has not yet found a prospective replacement; and WHEREAS, this section 2122(h) appointment will end no later than July 31st 2016; 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 Page 1 of 2 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 $7,399.01 and the hourly equivalent is $42.69, and the minimum monthly base salary for this position is $5,797.31 and the hourly equivalent is $33.45; and WHEREAS, the hourly rate paid to Trent Taylor will be $42.69; and WHEREAS, Trent Taylor, will not receive any benefit incentive, compensation in lieu of benefit or other form of compensation in addition to his hourly pay rate; and WHEREAS, sufficient funding is included in the FY 2014 -15 budget and contained within the General Fund, Police Department budgeted salary accounts. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah does hereby: 1. Certify the nature of the appointment of Trent Taylor as described herein and that this appointment is necessary to fill the critically needed position of Peace Officer for the City of Ukiah by January 31st 2016, because of the critical duties and responsibilities associated with this position. PASSED AND ADOPTED by the City Council of the City of Ukiah at a regular meeting duly held on January 20th 2016, by the following vote: AYES: Councilmembers Mulheren, Doble, Brown, and Mayor Scalmanini NOES: None ABSENT: Councilmember Crane ABSTAIN: None ATTEST: 'stifle Lawler, City Clerk Page 2 of 2 Steph n G. Scalmanini, Mayor