Res 23-003RESOLUTION NO. 23-003
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 21221(h)
WHEREAS, in compliance with Government Code section 7522.56 of the Public
Employees' Retirement Law, the Poway City Council must provide CalPERS this certification
resolution when hiring a retiree before 180 days has passed since their retirement date;
WHEREAS, Tim McDermott retired from the City of Santee in the position of Director of
Finance/City Treasurer, effective September 23, 2022;
WHEREAS, Tim McDermott previously held the position of Director of Finance/City
Treasurer with the City of Santee for twenty-one years;
WHEREAS, Government Code section 7522.56 requires that post -retirement employment
commence no earlier than 180 days after the retirement date, which is March 23, 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 Tim McDermott certify that
Tim McDermott has not and will not receive a Golden Handshake or any other retirement -related
incentive;
WHEREAS, an appointment under Government Code section 21221(h) requires the
retiree is appointed into the interim appointment during recruitment for a permanent appointment;
WHEREAS, the governing body has authorized the search for a permanent appointment
in December 2022;
WHEREAS, the Poway City Council hereby appoints Tim McDermott as an interim
appointment retired annuitant to the vacant position of Director of Finance for the City of Poway
under Government Code section 21221(h), effective January 18, 2023;
WHEREAS, this Government Code section 21221(h) appointment shall only be made
once and therefore will end on July 18, 2023;
WHEREAS, the entire employment agreement between Tim McDermott 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
Resolution No. 23-003
Page 2
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 $12,710 and the hourly
equivalent is $73.3313, and the maximum monthly base salary for this position is $17,795 and
the hourly equivalent is $102.6635;
WHEREAS, the hourly rate paid to Tim McDermott will be $100.00; and
WHEREAS, Tim McDermott 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 Tim McDermott as described herein and detailed in the attached
employment agreement and that this appointment is necessary to fill the critically needed position
of Director of Finance for the City of Poway by January 18, 2023 because Mr. McDermott has
specialized skills after serving as a Director of Finance with the City of Santee for twenty-one
years which are needed over the next several months to address the financial matters of the City
of Poway.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 17th day of January 2023 by the following vote, to wit:
AYES: PEPIN, FRANK, DE HOFF, LEONARD, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Cit 'Clerk
Resolution No, 23-003
I/ CITY OF POWAY Page 3
r Retired Annuitant — Employment Agreement
Government Code (GC) sections 7522.56 and 21221(h) permit employees who retire and receive
CalPERS 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 21221(h), 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. Tim McDermott has been appointed to serve as Interim Director of Finance on an as -
needed, interim basis, beginning January 18, 2023, in order to address the financial matters of the City.
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.
Tim McDermott 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 an Interim Director of Finance from $73.3313 to $102.6635. For the term of this
agreement, Tim McDermott will be compensated at an hourly rate of $100.00, 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, Tim McDermott has not received unemployment insurance
compensation during the 12-month period preceding this appointment. (Initials)
Resolution No. 23-003
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 (01)
Resolution #23- approved on January 17, 2023 (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.
Tim McDermott did not receive a retirement incentive upon retirement. Mr. McDermott retired from
public service effective September 23, 2022. Based upon an effective date of January 18, 2023, the
terms of this appointment are in compliance with the 180-day statutory requirements. (Initials)
VI. Acknowledgement and Agreement
I, Tim McDermott, Retired Annuitant, accept a limited appointment as a Interim Director of Finance
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
Resolution No. 23-003
EXHIBIT B Page 5
City of Poway
Management / Confidential Salary Schedule
Effective September 20 2022
Classification Title
Approx. Monthly
Hourly
Sala 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
45A563
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
45.3752
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
55S319
58.6235
61.5582
Group 213 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
GIs 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
8,871 - 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
42.4243
Assistant Planner
491
5,481-6,662
31,6204
33.2000
34.8609
36.6033
38.4343
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 - 6,929
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 Technician11
360
3,948-4,799
22.7815
23.9206
25.1167
26.3725
27,6911
Administrative Assistant III
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
34.6195
Human Resources Technician 1
412
4,498 - 5,468
25.9523
27.2488
28,6119
30.0420
31.5448
Human Resources Technician II
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
App,-d ul n eph, meeting nl
&- F.-Y City C-il on 9/20/2022