Item 13 - Approving a CALPERS 180-day Waiting Period Exception to Hire a Retired AnnuitantDecember 5, 2023, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway CITY COUNCIL December 5, 2023 Honorable Mayor and Members of the City Council Jodene Dunphy, Director of Human Resourcet~.?d Risk Management ~ Eric Heideman, Director of Public Works { ~ Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or jdunphy@poway.org Eric Heidemann, Director of Public Works (858) 668-4716 or eheidemann@poway.org Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway is in the process of recruiting a Water Treatment Plant Manager. The critical responsibilities of the position are currently being performed through a contract with Operational Technical Services (OTS), a business that provides personnel with state certifications necessary to operate critical water infrastructure. The City desires to hire a retired annuitant through OTS who possesses the required Water Treatment Operator Grade TS certification issued by the State Water Resources Control Board Division of Drinking Water on a temporary basis while recruiting for a new Water Treatment Plant Manager. A Cal PERS-contracted public agency may appoint a retired annuitant to an interim position with approval from the governing body, as authorized in Government Code Sections 7522.56 and 21221 (h) and waive the 180-day wait period due to the critical nature of the Water Treatment Plant Manager position and the need to have it filled while the recruitment is in progress. Recommended Action: It is recommended the City Council approve the resolution appointing an Interim Water Treatment Plant Manager pursuant to Government Code Sections 7522.56 and 21221 (h) and approving the waiver of the 180-day wait period for the newly retired individual to work as a retired annuitant through OTS as the Interim Water Treatment Plant Manager. Discussion: California Government Code Sections 7522.56 and 21221 (h) authorize the City to employ a retired Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired 1 of 4
December 5, 2023, Item #13annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed. Larry Lyford is officially retiring as the Water Treatment Plant Manager from Helix Water District on December 15, 2023, and has more than 46 years of experience in the water industry including 26 years with Helix Water District. Based on a long and successful career in the water industry serving public agencies, Mr. Lyford has the specialized knowledge and skills needed to temporarily step into the role of Water Treatment Plant Manager with the City of Poway. To comply with the Government Code and allow Mr. Lyford to work through OTS as a retired annuitant, the City must submit to Cal PERS a copy of the approved and executed resolution and the publicly available salary schedule listing the comparable or vacant position. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The total estimated cost to appoint Larry Lyford as a retired annuitant for the position of Interim Water Treatment Plant Manager through Operational Technical Services (OTS) is anticipated not to exceed $85,000. Sufficient funds are available in the department's budget to cover the expenses for the remainder of the current fiscal year. Public Notification: None. Attachments: A. Resolution Reviewed/Approved By: Wendaserman Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: #tk2 Chris Hazeltine City Manager
December 5, 2023, Item #13RESOLUTION NO. 23-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, Larry Lyford is retiring from the Helix Water District as the Water Treatment Plant Manager, effective December 15, 2023; WHEREAS, Larry Lyford has worked in the water industry for more than 46 years, and has held the position of Water Treatment Plant Manager; WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 15, 2024, 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 Larry Lyford certify that Larry Lyford 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 November 2023; WHEREAS, the Poway City Council hereby appoints Larry Lyford as an interim appointment retired annuitant to the vacant position of Water Treatment Plant Manager through a contracting business, Operational Technical Services, for the City of Poway under Government Code section 21221 (h), effective December 16, 2023; WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end once the position has been filled with a permanent replacement; 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; 3 of4 ATTACHMENT A
December 5, 2023, Item #13Resolution No. 23-Page 2 WHEREAS, per the current City of Poway Management/Confidential Salary Schedule the minimum monthly base salary for this position is $10,697 and the hourly equivalent is $61.7159, and the maximum monthly base salary for this position is $13,003 and the hourly equivalent is $75.0160; WHEREAS, the hourly rate paid to Larry Lyford will be within the range indicated above, which was approved by the City Council on November 7, 2023; WHEREAS, Larry Lyford has not and will not receive any other benefit, incentive, compensation in lieu of benefit from the City of Poway or Operational Technical Services 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 Larry Lyford is necessary to fill the critically needed position of Water Treatment Plant Manager for the City of Poway beginning December 16, 2023, because Mr. Lyford has specialized skills as a retired annuitant, which are needed over the next several months to oversee the water treatment plant in the City of Poway. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December 2023, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of 4