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HomeMy WebLinkAboutCC Reso 2024-51 - Exception of 180-day Wait Period for Retired Assistant Finance Director RESOLUTION No. 2024-61 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 ASSISTANT FINANCE DIRECTOR TO SERVE AS INTERIM ASSISTANT FINANCE DIRECTOR IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 & 21221(h) WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees' Retirement Law, the City of Ukiah must provide CaIPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and WHEREAS,Georgina Feth-Michel, CID 1003065592, retired from the City of Ukiah in the position of Assistant Finance Director, effective December 31, 2024; and WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is July 1, 2025 without this certification resolution; and WHEREAS, Gov. Code 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 City Council, the City of Ukiah, and Georgina Feth-Michel certify that Georgina Feth-Michel has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the governing body has authorized the search for a permanent appointment on December 18, 2024; and WHEREAS, the City Council hereby appoints Georgina Feth-Michel as an interim appointment retired annuitant to the vacant position of Interim Assistant Finance Director for the City of Ukiah under Gov. Code section 21221(h), effective January 2, 2025; and WHEREAS,this Gov. Code section 21221(h)appointment shall only be made once and therefore is expected to end no later than December 31, 2025; and WHEREAS, the Ukiah Valley Water Authority (UVWA) integration project is a critical undertaking that involves aligning UVWA's operational and financial systems with the City's existing infrastructure, ensuring compliance with regulatory requirements and seamless service delivery to residents and businesses; and WHEREAS, failure to secure immediate, specialized leadership for this project risks delays in implementation, additional costs, and disruptions to essential water services, with potential legal and financial consequences for the City; and WHEREAS, Georgina Feth-Michel's institutional knowledge of the City's financial systems and herextensive experience managing the UVWA integration project uniquely position her to oversee the project's successful and timely completion; and WHEREAS, the entire employment agreement between Georgina Feth-Michel and the City of Ukiah has been reviewed by this body and is attached herein; and Page 1 of 2 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 for all CalPERS employers; 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 base salary for this position is$13,919.76 and the hourly equivalent is $80.31, and the minimum base salary for this position is $11,451.82 and the hourly equivalent is $66.07; and WHEREAS, the hourly rate paid to Georgina Feth-Michel will be$80.31; and WHEREAS, Georgina Feth-Michel 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 THEREFORE, BE IT RESOLVED THAT that the City Council hereby certifies the employment of Georgina Feth-Michel, as described in this resolution and detailed in the attached employment agreement. This appointment is deemed necessary to fill the critical position of Interim Assistant Finance Director for the City of Ukiah by January 2, 2025. PASSED AND ADOPTED by the City Council of the City of Ukiah at a regular meeting duly held on December 18, 2024, by the following vote: AYES: Councilmembers Rodin, Criss, Orozco, Sher, and Mayor Crane. NOES: None. ABSENT: None, ABSTAIN: None. 04-7,Ij d Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk Page 2 of 2 Exhibit A AGREEMENT FOR TEMPORARY EMPLOYMENT OF A RETIRED ANNUITANT THIS AGREEMENT, effective January 2, 2025, is between the City of Ukiah, a municipal corporation of the State of California, ("City") and Georgina Feth-Michel "Retired Annuitant" (collectively, the "Parties") and is effective January 2, 2025. RECITALS A. The City has a vacancy for the position of Assistant Finance Director, a regular position for which the City is conducting a recruitment for a permanent appointment; and B. The City has an immediate need for an employee to temporarily perform the position of Assistant Finance Director, a position involving specialized skills and training and which is critically necessary for the ongoing duties and functions of the City's Finance Department; and C. Retired Annuitant is competent and qualified to perform the services required by this Agreement, and City wishes to have Retired Annuitant perform the Assistant Finance Director duties in an interim basis; and D. Retired Annuitant's employment is authorized by Government Code section 21221(h), which permits the City to appoint a Ca1PERS retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent replacement. In consideration of this matter described above and of the mutual benefits and obligations set forth in this Agreement, the parties of this Agreement agree as follows: 1. A1212ointment and Scope of Services: Pursuant to this Agreement, Retired Annuitant is appointed as interim Assistant Finance Director, and shall temporarily perform the functions of this position, which is a position involving highly specialized and critically needed skills set forth in the attached job description. Such employment is "at-will" subject to the terms of this Agreement, and Retired Annuitant shall perform said duties at the pleasure of and under the direction of the Finance Director. 2. Compensation and Work Schedule: Rate of Pay: Retired Annuitant shall be paid at the rate of$80.31 per hour. The City has confirmed that this rate is not less than the minimum, nor in excess of the maximum, paid Lby the City to other employees performing comparable duties (divided by 173.333 to Page 1 of 5 equal an hourly rate) as listed on the City's publicly available pay schedule and publicly available employment agreements. Payments will be made on regularly scheduled City payroll dates and shall be subject to all applicable payroll taxes and withholdings. Such compensation shall be the sole compensation for Retired Annuitant's services under this agreement. Work Schedule and 960-hour Limitations: Retired Annuitant is expected to devote the necessary time, within and outside normal business hours, to the business of the City. Pursuant to Government Code section 21221(h)and section 7522.56(d), however, Retired Annuitant is allowed to work a maximum of 906 hours per fiscal year for all public employers that contract with CalPERS for retirement benefits. The City retains the right to designate, reduce, change, or amend the number of hours assigned to Retired Annuitant consistent with the City's workload and other needs. If Retired Annuitant's annual hours are approaching 906,then the City retains the right to summarily suspend the Retired Annuitant's duties under this Agreement, and to reassign any scheduled hours, as needed, to ensure the Retired Annuitant does not exceed the maximum hours allowed by this Agreement. Retired Annuitant will be responsible for keeping track of the number of hours worked on a timesheet form provided by the City and submitting them at least every two weeks. The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per week. The City, through the Finance Director, will assign Retired Annuitant's hours to work. Due to the nature of the position, it is understood that the workday and work week hours may vary, however, Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week). 3. Employment Status: A. Benefits: Other than the compensation described above in Section 2, Retired Annuitant will receive no other benefits, incentives, compensation in lieu of benefits, or any other form of compensation. Retired Annuitant understands and agrees that she is not, and wi Il not be, eligible to receive any benefits, including City medical insurance, any City retirement program, or any paid holidays, vacation, sick leave,or other leave, with or without pay, or any other job benefits available to an employee in the regular service of the City, except for Workers' Compensation Insurance coverage or similar benefits required by law. B. No Membership in Bargaining Unit: Retired Annuitant understands that she is not a member of any bargaining unit and is not covered by the terms of any Memorandum of Understanding with any represented or unrepresented group of City employees. Page 2 of 5 C. No Property Right in Employment: Retired Annuitant understands and agrees that the terms of her employment are governed only by this Agreement and that no right of regular employment for any specific term is created by this Agreement. Retired Annuitant further understands that she acquires no property interest in her employment by virtue of this agreement, that the employment is"at will" as defined by the laws of the State of California (meaning that she can be terminated at any time for any reason or for no reason), and that she is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action except as otherwise provided by law. D. Employment of a Retiree: Retired Annuitant understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment to a position not to exceed 960 hours in any fiscal year for all such employers; either(1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration. In the event Retired Annuitant is providing service to any other CalPERS public agency employer during the term of this Agreement, Retired Annuitant must notify the City of such employment and disclose on a periodic basis (at a frequency determined by the City)the number of hours Retired Annuitant is performing for that other public agency to ensure that the maximum number of hours is not exceeded. 4. Representation of Retired Annuitant: Retired Annuitant represents that she is properly trained and certified to perform the duties required of the position and this Agreement. 5. Effective Date and Term of Agreement: This Agreement shall be effective January 2, 2025, and unless terminated earlier, shall terminate automatically at midnight on December 31, 2025. Employment is temporary, at-will and may be terminated with or without cause and with or without notice at any time by the Retired Annuitant or the City. Retired Annuitant is not eligible for any severance payment or benefit relating to or arising out of the termination of this Agreement. 6. Non-Assignment-of Agreement: This Agreement is intended to secure the individual services of the Retired Annuitant and is not assignable or transferable by Retired Annuitant to any third party. 7. Governing Law/Venue: This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in Mendocino County. Page 3 of 5 8. Enforceability: if any term, covenant, condition, or provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 9. Conflict of Interest: Retired Annuitant agrees that during the term of this Agreement, she will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated or not, that would in any way conflict with or impair Retired Annuitant's ability to perform the duties described in this Agreement.Any work performed for the City outside the terms of this Agreement must be approved in advance in writing by the Finance Director. Retired Annuitant agrees to disclose whether she is performing work for any other CalPERS public agency employer as required by section 3.D. of this Agreement. 10. Entire Agreement and Modification: This Agreement constitutes the entire understanding of the parties hereto. This Agreement supersedes any previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Retired Annuitant shall be entitled to no other compensation or benefits than those specified herein, and Retired Annuitant acknowledges that no representation, inducements or promises not contained in this Agreement have been made to Retired Annuitant to induce Retired Annuitant to enter into this Agreement. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Retired Annuitant understands that no oral modification of this Agreement made by any officer, agent, or employee of the City is effective. Retired Annuitant specifically acknowledges that in entering into and executing this Agreement, she relies solely upon the provisions contained herein and no others. l 1. Support Services and Equipment: Retired Annuitant shall be provided the equipment needed to perform her duties and sufficient to fulfill the obligations under this Agreement, as determined by the City, at no cost to the Retired Annuitant. 12. Reimbursement for Expenses: Retired Annuitant shall be reimbursed by City in accordance with standard City travel policy (as well as federal and state law) for all authorized and necessary travel undertaken by Retired Annuitant in performance of services pursuant to this Agreement. Retired Annuitant shall document, and claim said reimbursement for such travel in the manner and forms required by the City. Other than as specifically provided herein, Retired Annuitant shall receive no other compensation or reimbursements for expenses incurred by her in performance of this Agreement. Page 4 of 5 13.Notices: All notices permitted or required under this Agreement shall be given to the respective parties by hand-delivery or by mail at the following address, or at such other address as the respective parties may provide in writing for this purpose, by deposit in the U.S. Mail, postage pre-paid, addressed as follows: CITY: City of Ukiah 300 Seminary Ave Ukiah, CA 95482 RETIRED ANNUITANT: Georgina Feth-Michell 14. Indemnification: In accordance with and subject to the limitations of the California Government Claims Act and California Labor Code, the City shall defend, save harmless and indemnify Retired Annuitant against any tort, professional liability, claim or demand or other legal action, arising out of an alleged act or omission occurring in the performance of Retired Annuitants services as Assistant Finance Director, except that this provision shall not apply with respect to any intentional tort or crime committee by Retired Annuitant, or any actions outside the course and scope of her employment as interim Assistant Finance Director. 16. Assistance of Counsel: Each party to this Agreement warrants to the other party that the party has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain such assistance. CITY: Sage Sangiacomo, City Manager RETIRED ANNUTANT: Georgiana Feth-Michell Page 5 of 5 OP City of Ukiah ASSISTANT FINANCE DIRECTOR (Exempt/Management Position) DEFINITION Under general direction of the Finance Director or designee, the Assistant Finance Director oversees and coordinates all financial operations of the City, including accounting, budgeting, disbursements, utility billing, procurement, and reporting functions.This position is responsible for implementing efficient financial policies and practices, fostering collaboration within the Finance Department, and providing innovative, solutions-based leadership.The role requires strong written and verbal communication skills to interact effectively with stakeholders, a proven ability to delegate tasks to enhance team productivity, and a commitment to achieving the City's financial objectives.The Assistant Finance Director acts as the Department Head in the absence of the Finance Director and performs related work as assigned. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E=Essential Duty; M=Major Portion of Time) • Lead and manage the City's financial operations, including budgeting, disbursements, procurement, utility billing, accounts receivable, and reporting, ensuring compliance with applicable regulations. (E, M) • Provide strategic direction to team members across all financial service areas, promoting accountability, efficiency, and collaboration. (E, M) • Prepare, analyze, and present complex financial reports, including the annual budget,the Annual Comprehensive Financial Report(ACFR), and grant reports. (E) • Communicate financial information clearly and concisely to stakeholders, including City Council, department heads, and the public. (E) • Oversee the development and implementation of innovative solutions to improve financial systems, internal controls, and operational processes. (E, M) • Supervise and mentor staff, fostering professional growth and ensuring high performance. (E, M) • Coordinate the preparation and administration of the City's annual budget, aligning fiscal strategies with organizational goals. (E, M) • Ensure timely and accurate filings with local, state, and federal agencies. (E) • Facilitate external financial audits, ensuring transparency and accuracy in financial reporting. (E) • Actively manage procurement activities to ensure cost efficiency and compliance with City policies. (E, M) • Represent the Finance Department in cross-departmental initiatives and special projects. (E) 300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707)463-6200 - Fax: (707)463-6204 •www.cityofukiah.com QUALIFICATIONS Knowledee Of: • Best principles and practices of leadership, supervision, financial services (accounts payable, payroll, accounts receivable, etc.), accounting, auditing, and budgeting in a governmental/municipal organization. • Generally accepted accounting principles (GAAP)for governmental agencies, particularly those promulgated by the Governmental Accounting Standards Board. • GAAP financial statements for a governmental entity, including an Annual Comprehensive Financial Report (ACFR). • Best practices in managerial accounting and budgeting. • Day-to-day operations of, and best practices in, accounts payable, payroll, general accounting, budget development and management, and enterprise resources planning (ERP)systems. • Generally accepted governmental auditing standards. • Grant accounting and financial management. • Effective conflict resolution strategies and techniques. Ability To: • Provide clear, concise communication (both written and verbal)to a wide range of stakeholders. • Analyze complex financial issues and develop practical, innovative solutions. • Analyze financial transactions and determine the appropriate accounting and reporting. • Delegate tasks effectively to maximize team efficiency and performance. • Build and maintain productive working relationships with staff, other departments, and external agencies. • Plan, organize, and oversee the work of a multidisciplinary financial team. • Lead with a solutions-oriented mindset to address operational challenges and improve outcomes. Education and Experience: Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain knowledge and abilities would be: Experience—five years of experience of an increasingly responsible nature in governmental accounting,financial services (i.e. accounts payable, receivable, payroll, and procurement), budget development and management, or auditing work, including two years in a managerial capacity,to obtain the knowledge and abilities listed above. Education—equivalent to a bachelor's degree from an accredited college or university with major course work in accounting, business or public administration, or a closely related field. A master's degree in accounting, public administration, business administration, or a related field is preferred and may substitute for two years of experience. Possessing one or more of the following licenses/credentials/certifications is also strongly preferred: • Certified Public Accountant (CPA) • Certified Management Accountant(CMA) • Chartered Global Management Accountant(CGMA) • Certified Government Financial Manager(CGFM) • Certified Public Finance Officer(CPFO) • Certified Public Procurement Officer(CPPO) • NIGP Certified Procurement Professional (NIGP-CPP) Necessary Special Requirement: Possession of a valid Class C California Driver's License.