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
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