Res 19-007 RESOLUTION NO. 19-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA, FOR A 180-DAY WAITING
PERIOD EXCEPTION TO HIRE A RETIRED ANNUITANT
PURSUANT TO GOVERNMENT CODES SECTIONS
7522.56 AND 21224
WHEREAS, in compliance with Government Code section 7522.56 the Poway City Council
must provide CaIPERS this certification resolution when hiring a retiree before 180 days have
passed since his or her retirement date;
WHEREAS, Andrew White retired from the City of Poway in the position of Finance
Manager, effective January 12, 2019;
WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier
than 180 days after the retirement date, which is July 21, 2019, without this certification resolution;
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;
WHEREAS, the Poway City Council, the City of Poway and Andrew White certify that
Andrew White has not and will not receive a Golden Handshake or any other retirement-related
incentive;
WHEREAS, the Poway City Council hereby appoints Andrew White as an extra help retired
annuitant to perform the duties of the Finance Manager for the City of Poway under Government
Code section 21224, effective February 11, 2019;
WHEREAS, the entire employment agreement between Andrew White and the City of
Poway has been reviewed by this body and is attached herein as Exhibit "A";
WHEREAS, no matters, issues, terms or conditions related to this employment and
appointment have been or will be placed on a consent calendar;
WHEREAS, the employment shall be limited to 960 hours per fiscal year;
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 173.33 to equal the hourly rate;
WHEREAS, the maximum base salary for this position is $10,670 monthly and the hourly
equivalent is $61.5589, and the minimum base salary for this position is $8,778 monthly and the
hourly equivalent is $50.6433;
WHEREAS, the hourly rate paid to Andrew White will be $61.5589; and
WHEREAS, Andrew White 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.
Resolution No. 19-007
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway,
California, hereby certifies the nature of the employment of Andrew White as described herein as
Exhibit "A," and detailed in the attached employment agreement and that this appointment is
necessary to fill the critically needed position of Finance Manager for the City of Poway by February
11, 2019, because the Finance Manager is instrumental and key to ensuring the City's fiscal health
by assisting with the mid-year financial review and year-end forecast for the Fiscal Year 2018-19
budget; developing the City's Fiscal Year 2019-20 budget; and overseeing and monitoring critical
functions.
PASSED,ADOPTED AND APPROVED by the City Council of the City of Poway, California,
at a regular meeting this 5th day of February 2019.
Steve Vaus, Mayor
ATTEST:
'
. ::..
A. Kay .i saarM, im City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. 19-007 was duly adopted by the City Council at
a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by
the following vote: .
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
C1-14c \) ;ANN ralr'S
A. Kay Vinson, terim City Clerk
City of Powly
Exhibit A Resolution No. 19-007
Page 3
+ CITY OF POWAY
Retired Annuitant— Employment Agreement
Government Code (GC) sections 7522.56 and 21224 permit employees who retire and receive CaIPERS
retirement benefits to accept limited, post-retirement, employment without reinstatement or loss or interruption
of benefits. A retired person (Retired Annuitant), whose employment without reinstatement is authorized by
Government Code Sections 7522.56 and 21224, shall acquire no service credit or retirement rights unless he/she
reinstates from retirement.
Conditions of Limited Appointment
Post-retirement service must be attributable to either an emergency event (to prevent stoppage of public
business) or the Retired Annuitant has skills needed to perform work of limited duration (GC 7522.56.c).
II. Length of Appointment
Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC 7522.56.d)
and both the City and the Retired Annuitant are responsible for tracking hours of employment. Andrew
White has been appointed to serve as a Finance Manager on an, as-needed, interim basis, beginning
February 11, 2019 and ending no later than the completion of the recruitment and filling of the vacant
Finance Manager position.
Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's retirement
benefits and/or require reinstatement from retirement.
Andrew White will immediately notify the City of Poway should he perform work as a Retired Annuitant for
any other CaIPERS member agency during the term of this agreement. _(Initials)
III. Compensation
The rate of pay for these services shall be no less than the minimum and no more than the maximum rate
of pay for other employees performing comparable functions (GC 7522.56.d). Based upon the approved
Salary Schedule for classifications within the Management/Confidential Group, the City's hourly rate of pay
for a Finance Manager ranges from $50.6433 to $61.5589. For the term of this agreement, Andrew White
will be compensated at an hourly rate of $61.5589, which is within the approved, allowable pay range for
this position.
Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit or other
form of compensation in addition to this hour pay rate including holidays, sick leave, vacation or any
employee leave or benefit program.
IV. Unemployment Insurance Compensation
Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12-month period
prior to an appointment, the Retired Annuitant received any unemployment insurance compensation arising
out of prior employment with a public employer (GC 7522.56.e.1). Furthermore, a Retired Annuitant that
accepts employment, and has received unemployment insurance compensation within the 12-month period
preceding employment, must terminate employment effective the last day of the current payroll period. The
Retired Annuitant shall not be eligible for reappointment for a period of 12 months following the termination
date (GC 7522.56.e.2).
In accordance with these provisions, Andrew White has not received unemployment insurance
compensation during the 12-month period preceding this appointment. (Initial)
Resolution No. 19-007
Page 4
V. 180-Day Rule
A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of retirement,
unless one of the following conditions is satisfied for a local government agency:
• The City of Poway 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. (GC 7522.56 (f)1) Resolution # approved on (if
applicable.)
• The retiree is a public safety officer or firefighter hired to perform a function or functions regularly
performed by a public safety officer or firefighter. (GC 7522.56(04)
Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be eligible for
employment for a period of 180 days following the date of retirement and the provisions of GC 7522.56(f) shall
not apply. (GC 7522.56(g))
Hiring a retiree prior to their meeting the required waiting periods may jeopardize the retiree's retirement benefits
and/or require reinstatement from retirement.
Andrew White retired from public service effective January 12, 2019. Based upon an effective date of February
11, 2019, the terms of this appointment are in compliance with the 180-day statutory requirements.
(Initials)
VI. Acknowledgement and Agreement
I, Andrew White, Retired Annuitant, accept a limited appointment as a Finance Manager with the City of Poway.
By signing this agreement, I acknowledge that I am in compliance with the statutory provisions contained herein,
and I further agree to maintain compliance for the duration of this agreement.
Retired Annuitant Date
Approved By:
Director of Human Resources/Risk Management Date
City of Poway
City Manager Date
City of Poway