Res 24-001RESOLUTION NO. 24-001
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, Jeff Beers retired from the City of Poway as the Special Projects Engineer on
December 29, 2023;
WHEREAS, Jeff Beers has worked for the City of Poway for over 22 years and completed
216 capital improvement projects that have increased the safety and quality of life for Poway
community members;
WHEREAS, Government Code section 7522.56 requires that post -retirement employment
commence no earlier than 180 days after the retirement date, which is June 29, 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 Jeff Beers certify that Jeff
Beers 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 be appointed for a limited duration during the recruitment for a permanent appointment;
WHEREAS, the governing body has authorized the search for a permanent appointment
which is ongoing;
WHEREAS, the Poway City Council hereby appoints Jeff Beers as an interim appointment
retired annuitant to the vacant position of Special Projects Engineer for the City of Poway under
Government Code 21221(h), effective January 17, 2024;
WHEREAS, this Government Code section 21221(h) appointment shall only be made;
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;
Resolution No. 24-001
Page 2
WHEREAS, per the current City of Poway Management/Confidential Salary Schedule the
minimum monthly base salary for this position is $7,073 and the hourly equivalent is $40.8381,
and the maximum monthly base salary for this position is $8,603 and the hourly equivalent is
$49.6382;
WHEREAS, the hourly rate paid to Jeff Beers will be the maximum hourly amount of the
current range, which is indicated above; and
WHEREAS, Jeff Beers has not and will not receive any other benefit, incentive,
compensation in lieu of benefit from the City of Poway 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 Jeff Beers is necessary to fill the critically needed position of
Special Projects Engineer for the City of Poway beginning January 17, 2024, because Mr. Beers
has specialized skills as a retired annuitant, which are needed to ensure critical community capital
improvement projects continue to move forward for the community.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council
of the City of Poway, California on the 16th day of January 2024, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
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