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Res 22-086RESOLUTION NO. 22-086 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 of the Public Employees' Retirement Law, the Poway City Council must provide CaIPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; WHEREAS, Marc LeDrew retired from the City of Poway in the position of Customer Services Field Worker, effective August 2, 2022; WHEREAS, Marc LeDrew previously held the position of Code Compliance Officer with the City of Poway for fourteen years; WHEREAS, Government Code section 7522.56 requires that post -retirement employment commence no earlier than 180 days after the retirement date, which is January 29, 2023 without this certification resolution; WHEREAS, Government 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; WHEREAS, the Poway City Council, the City of Poway and Marc LeDrew certify that Marc LeDrew has not and will not receive a Golden Handshake or any other retirement -related incentive; WHEREAS, the Poway City Council hereby appoints Marc LeDrew as an extra help retired annuitant to perform the duties of the Code Compliance Officer for the City of Poway under Government Code section 21224, effective November 16, 2022; WHEREAS, the entire employment agreement between Marc LeDrew and the City of Poway has been reviewed by this body and is attached hereto 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 for all CalPERS employers; 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; WHEREAS, per the current Management/Confidential Salary Schedule, attached hereto as Exhibit B, the minimum monthly base salary for this position is $5,090 and the hourly equivalent is $29.3627, and the maximum monthly base salary for this position is $6,186 and the hourly equivalent is $35.6900; WHEREAS, the hourly rate paid to Marc LeDrew will be $35.6900; and Resolution No. 22-086 Page 2 WHEREAS, Marc LeDrew 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. NOW, THEREFORE, BE IT RESOLVED THAT the Poway City Council hereby certifies the nature of the employment of Marc LeDrew as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Code Compliance Officer for the City of Poway by November 16, 2022 because Mr. LeDrew has specialized skills after serving the City for thirty years which are needed over the next several months to address code compliance matters. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of November, 2022 by the following vote, to wit: AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NOES: NONE ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City GC erk - 'OI' I'C )jf�• i ��. CITY OF POWAY F Retired Annuitant — Employment Agreement S Government Code (GC) sections 7522.56 and 21224 permit employees who retire and receive Ca1PERS 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 they reinstate from retirement. I. 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. Marc LeDrew has been appointed to serve as a Code Compliance Officer on an as -needed, interim basis, beginning November 16, 2022, in order to address code compliance matters, 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. Marc LeDrew will immediately notify the City of Poway should they perform work as a Retired Annuitant for any other CalPERS 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 Code Compliance Officer ranges from $29.3627 to $35.6900. For the term of this agreement, Marc LeDrew will be compensated at an hourly rate of $35.6900, 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, Marc LeDrew has not received unemployment insurance compensation during the 12-month period preceding this appointment. (Initials) 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 (01) Resolution #22- approved on November 15, 2022 (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 meeting the required waiting periods may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement. Marc LeDrew did not receive a retirement incentive upon retirement. Mr. LeDrew retired from public service effective August 2, 2022. Based upon an effective date of November 16, 2022, the terms of this appointment are in compliance with the 180-day statutory requirements. (Initials) VI. Acknowledgement and Agreement I, Marc LeDrew, Retired Annuitant, accept a limited appointment as a Code Compliance Officer 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 Approved By: Date Director of Human Resources/Risk Management Date City of Poway City Manager City of Poway Date City of Poway Management/ Confidential Salary Schedule Effective Se tember 20, 2022 Classification Title Approx. Monthly Hourly Salar Ran e City Manager 22,664 Min - Max Min Max Assistant City Manager 13,346 - 18,684 76.9976 107.7966 Director of Community Services 12,710 - 17,795 73.3313 102.6635 Director of Development Services 12,710 - 17,795 73,3313 102.6635 Director of Finance 12,710 - 17,795 73.3313 102.6635 Director of Human Resources & Risk Management 12,710 - 17,795 73,3313 102.6635 Director of Public Works 12,710 - 17,795 73,3313 102.6635 Fire Chief 12,710 - 17,795 73.3313 102.6635 Classification Title Grade Approx. Monthly Step 1 Step 2 Step 3 Step 4 Step 5 Salary Range Group 2AExempt At -Will Assistant Director of Public Works Utilities 731 9,937- 12,080 57,3277 60.1939 63.2037 66.3639 69.6909 Assistant Director of Public Works Operations 731 9,937 - 12,080 57.3277 60.1939 63.2037 66.3639 69.6909 Assistant Director of Finance Operations 731 9,937- 12,080 57,3277 60.1939 63.2037 66.3639 69,6909 City Clerk 681 8,778- 10,670 50.6411 53.1732 55.8319 58.6235 61.5582 City Engineer 780 11,139 - 13,540 64.2668 67.4801 70.8541 74.3968 78,1167 City Planner 731 9,937 - 12,080 57.3277 60,1939 63.2037 66.3639 69.6909 Deputy Fire Chief 780 11,139 - 13,540 64,2668 67.4801 70,8541 74.3968 78.1167 Deputy Fire Marshal 620 7,503 - 9,121 43.2917 45.4563 47.7291 50.1156 52.6213 Finance Manager 681 8,778 - 10,670 50.6411 53.1732 55.8319 58.6235 61.5582 Fire Battalion Chief (not at-will/2912 hrs/yr) 570 9,285 - 11,286 38,2636 40.1767 42.1856 44.2948 46.5096 Parks and Trails Area Manager 560 6,470 - 7,865 37.3303 39.1968 41,1567 43.2145 45.3752 Principal Engineer - Utilities 731 9,937 - 12,080 57.3277 60.1939 63.2037 66.3639 69.6909 Public Works Operations Manager 681 8,778 - 10,670 50.6411 53,1732 55.8319 58.6235 61,5582 Recreation Area Manager 560 6,470 - 7,865 37.3303 39.1968 41,1567 43.2145 453752 Recreation Area Manager (Y-Rated) 681 8,778 - 10.670 50.6411 53.1732 55.8319 58.6235 61,5582 Revenue and Operations Manager 681 8,778 - 10,670 50.6411 53,1732 55.8319 58.6235 61,5582 Water Treatment Plant Manager 681 8,778 - 10,670 50.6411 53.1732 55.8319 58.6235 61.5582 Group 2B Exempt Accountant 481 5,326-6,475 30.7255 32.2616 33.8747 35.5684 37.3547 Associate Civil Engineer 602 7,261 - 8,826 41.8893 43,9837 46.1827 48.4920 50.9165 Associate Planner 521 5,902 - 7,174 34.0517 35.7528 37.5413 39.4178 41.3896 Community Outreach Coordinator 571 6,678-8,117 38.5265 40.4510 42.4745 44.5975 46.8285 Deputy City Clerk 571 6,678 - 8,117 38.5265 40.4510 42.4745 44.5975 46.8285 CIS Analyst 531 6,050 - 7,354 34.9030 36.6466 38.4798 40.4032 42.4243 Information Technology Analyst 531 6,050-7,354 34.9030 36,6466 38,4798 40.4032 42.4243 Network & Computer Systems Analyst 550 6,312 - 7,673 36.4198 38.2411 40.1535 42.1601 44,2678 Management Analyst 531 6,050-7,354 34,9030 36.6466 38,4798 40.4032 42.4243 Network & Computer Systems Administrator 631 7,744 - 9,413 44.6789 46,9109 49.2574 51.7195 54.3067 Revenue and Operations Supervisor 571 6,678 - 8,117 38.5265 40.4510 42.4745 44,5975 46.8285 Senior Accountant 561 6,515 - 7,919 37.5868 39.4644 41.4385 43.5098 45,6863 Senior Civil Engineer 682 8,971 - 10,782 51.1773 53.7360 56.4230 59.2440 62.2062 Senior Code Compliance Officer 501 5,618 - 6,829 32.4109 34.0300 35.7324 37.5184 39.3952 Senior Fire Safety Inspector 541 6,201 - 7,537 35.7756 37,5628 39,4418 41,4133 43.4849 Senior Human Resources Analyst 571 6,678 - 8,117 38.5265 40.4510 42.4745 44.5975 46,8285 Senior Management Analyst 571 6,678-8,117 38.5265 40.4510 42.4745 44.5975 46.8285 Senior Planner 581 6,845 - 8,320 39,4897 41.4623 43,5364 45.7124 47.9992 Special Projects Engineer 571 6,678 - 8,117 38.5265 40.4510 42,4745 44.5975 46.8285 Utilities Administrator 631 7,744 - 9,413 44.6789 46.9109 49.2574 51.7195 54.3067 Water Utilities Distribution Supervisor 640 7,884 - 9,583 45.4833 47,7575 50.1454 52.6527 55.2853 Group 3 Non -Exempt Assistant Engineer 531 6,050 - 7,354 34.9030 36.6466 38,4798 40.4032 42A243 Assistant Planner 491 5,481 - 6,662 31.6204 33,2000 34.8609 36,6033 38A343 Code Compliance Officer 461 5,090-6,186 29.3627 30,8295 32.3718 33.9898 35.6900 Construction Maintenance Supervisor 501 5,618-6,829 32.4109 34.0300 35.7324 37,5184 39.3952 Facilities Maintenance and Special Districts Supervisor 501 5,618 - 6,829 32.4109 34.0300 35.7324 37.5184 39,3952 Fire Safety Inspector 461 5,090-6,186 29,3627 30.8295 32.3718 33.9898 35.6900 Fleet Maintenance Supervisor 521 5,902 - 7,174 34.0517 35.7528 37.5413 39.4178 41.3896 Management Assistant 491 5,481 -6,662 31.6204 33,2000 34.8609 36.6033 38,4343 Parks Maintenance Supervisor 480 5,310 - 6,455 30.6387 32.1708 33.7797 35.4678 37.2409 Senior Accounting Technician 460 5,054-6,144 29.1623 30.6206 32.1520 33.7587 35.4464 Utility Systems Supervisor 650 8,081 - 9,822 46,6204 48.9514 51.3990 53,9690 56.6674 Wastewater Utilities Supervisor 620 7,504 - 9,121 43.2917 45.4563 47.7291 50.1156 52.6213 Group 4 Non -Exempt Accounting Technician 11 360 3,948 - 4,799 22.7815 23.9206 25.1167 26.3725 27.6911 Administrative Assistant 111 331 3,692 - 4,488 21,3002 22.3643 23.4831 24.6570 25.8903 Executive Assistant to the City Manager 451 4,965 - 6,035 28.6465 30.0776 31.5822 33.1608 34,8195 Human Resources Technician 1 412 4,498 - 5,468 25.9523 27.2488 28.6119 30.0420 31.5448 Human Resources Technician It 451 4,965 - 6,035 28,6465 30.0776 31.5822 33.1608 34.8195 Senior Administrative Assistant - Confidential 380 4,148-5,042 23,9348 25.1318 26.3887 27.7073 29.0926 Aplx�ncJ ul n rcpulnr n�cclin(; 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