HomeMy WebLinkAboutCC Reso 2024-02 - Exception to 180 Day Weight Period RESOLUTION No. 2024-02
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 COMMUNICATIONS
AND RECORDS MANAGER ON A TEMPORARY BASIS AS AN EXTRA HELP IN
ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.66 & 21224
WHEREAS,section 7522.56 requires that post-retirement employment commence no earlier than
180 days after the retirement date, which is December 10'h, 2023; 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, Tracey Porter, has retired on December 101, 2023; and
WHEREAS, the Ukiah City Council hereby appoints Tracey Porter as an extra help retired
annuitant to perform some of the duties of Communications and Records Manager for the City of
Ukiah under Government Code Section 21224, effective February 12, 2024; 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 Tracey Porter certify that Tracey Porter 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 $9,818.90 and the hourly
equivalent is $56.65 and the minimum monthly base salary for this position is $7,688.79 and the
hourly equivalent is $44.36; and
WHEREAS, the hourly rate paid to Tracey Porter will be $56.65; and
WHEREAS, Tracey Porter, will not receive any benefit incentive, compensation in lieu of benefit
or other form of compensation in addition to his hourly pay rate; and
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WHEREAS, sufficient funding is included in the FY 2023/2024 budget and contained within the
General Fund, Police Operations 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 Tracey Porter as described herein and that this
appointment is necessary to fill the critically needed position of Communications/Records
Manager for the City of Ukiah by February 12, 2023, because of the critical needs of the Ukiah
Police Department and , her expertise and skills are needed to assist with the transition of the
new Communications/Records Manager.
PASSED AND ADOPTED by the City Council of the City of Ukiah at a regular meeting duly held
on January 17, 2024, by the following vote:
AYES: Councilmembers Rodin, Orozco, Sher, and Mayor Duenas.
NOES: None
ABSENT: Vice Mayor Crane
ABSTAIN: None
Jo ma Dbeflas, Mayor
ATTEST:
Kristine Lawler, City Clerk
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