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HomeMy WebLinkAboutCC Reso 2022-07 - Exception to 180-day Wait for Retired Electric Utility Director RESOLUTION No. 2022-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FOR EXCEPTION TO THE 180-DAY WAIT PERIOD AND AUTHORIZING THE CITY'S RETIRED ELECTRIC UTILITY DIRECTOR TO WORK ON A TEMPORARY BASIS AS AN EXTRA HELP IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.66 S 21224 WHEREAS,section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 31 St 2021; 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 CalPERS this certification resolution when hiring a retiree before 180 days has passed since the incumbents retirement date; and WHEREAS, the current incumbent, Mel Grandi, has retired on December 318t, 2021; and WHEREAS,the Ukiah City Council hereby appoints Mel Grandi as an extra help retired annuitant to perform some of the duties of Electric Utility Director for the City of Ukiah under Government Code Section 21224, effective January 24, 2022; 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 Mel Grandi certify that Mel Grandi has not and will not receive a Golden Handshake or any other retirement-related incentive; 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 $16,498.22 and the hourly equivalent is $95.18 and the minimum monthly base salary for this position is $13,573.12 and the hourly equivalent is $78.31; and WHEREAS, the hourly rate paid to Mel Grandi will be $95.18; and WHEREAS, Mel Grandi, will not receive any benefit incentive, compensation in lieu of benefit or other form of compensation in addition to his hourly pay rate; and Page 1 of 2 WHEREAS, sufficient funding is included in the FY 2021-2022 budget and contained within the Enterprise, Electric Utility budgeted salary accounts. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah does hereby: Certify the nature of the appointment of Mel Grandi as described herein and that this appointment is necessary to fill the critically needed position of Electric Utility Director for the City of Ukiah by January 24t' 2022, because of the critical nature of gas and electric energy analysis and procurement, his expertise and skills are needed to assist with the transition of the new Electric Utility Director. PASSED AND ADOPTED by the City Council of the City of Ukiah at a regular meeting duly held on January 19, 2022, by the following vote: AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None Brown, Mayor ATTEST: Kristine Lawler, City Clerk Page 2 of 2