Report Prepared for City Council by: Bradley Grant - Charter Officer and Finance Officer and Kelly Fincher - Chief Deputy City Attorney
Title
SUBJECT: Approval of Employment Agreement for Position of Interim City Manager and Adoption of Resolution Approving Appointment of John M. Bramble to Interim City Manager Pursuant to California Government Code Sections 21221(h) and 7522.56
REPORT IN BRIEF
Authorization request to fill vacant City Manager position with a California Public Employee’s Retirement System (CalPERS) Retired Annuitant.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the terms of an employment agreement with John M. Bramble to serve as Interim City Manager; and,
B. Authorizing the Mayor to execute an employment agreement with Mr. Bramble after his official retirement date; and,
C. Adopting Resolution 2015-47, a Resolution of the City Council of the City of Merced, California, making a determination of special need for an Interim City Manager pursuant to California Government Code sections 21221(h) and 7522.56.
Body
ALTERNATIVES
1. Approve, as recommended; or,
2. Deny; or
3. Take no action
AUTHORITY
California Government Code Sections 21221 (h) and 7522.56, and Section 500 of the City of Merced Charter.
CITY COUNCIL PRIORITIES
The City Council is responsible for the appointment of the City Manager.
DISCUSSION
The Public Employees’ Pension Reform Act (PEPRA) made substantial changes to public employee pension laws in California, including the requirement that retired public employees must wait 180 days before returning to work for an employer in the same retirement system from which they receive a monthly retirement benefit.
There are several exceptions to this rule, including the exception set forth in California Government Code section 21221, subdivision (h), which allows a retired annuitant to be appointed before the expiration of 180 days to a vacant position requiring specialized skills, such as an Interim City Manager, if the following requirements are met: (1.) the position to which the appointment is made is vacant and there is an active recruitment for a permanent position; (2.) the governing body certifies the nature of the position and the appointment are necessary to fill a critically needed position; (3.) the person only be appointed once to the vacant position; (4.) the employment is limited to 960 hours in a fiscal year; (5.) the employee is payed an hourly rate equal to the monthly base salary paid for the position; and (6.) the employee does not receive a “Golden Handshake” or any other retirement related incentive.
Because of the retirement of City Manager Mr. Bramble, effective December 4, 2015, the City Manager position is vacant. A recruitment is in process to fill the position but it is anticipated that it may be a month or two before the position is filled.
Government Code sections 21221(h) and 7522.56 require cities who seek to employ a retired CalPERS annuitant before the expiration of the 180 day post-retirement waiting period certify the hiring is necessary to fill a critical position.
The appointment of an Interim City Manager is necessary to fill a critical position within the City. The City Manager is the chief administrative officer and head of the administrative branch of the City government.
Based on these facts, Mr. Bramble’s hiring as Interim City Manager for a temporary period of time until the new City Manager can be hired and begin employment is necessary to fill the critical position of City Manager.
The Resolution For Exception To the 180-day Wait Period and employment agreement are attached.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed.
ATTACHMENTS
1. Resolution
2. Employment Agreement