Report Prepared by: Scott McBride, City Manager
Title
SUBJECT: Adoption of a Resolution for an Exemption to CalPERS 180-Day Wait Period to Hire a Temporary Planning Manager to Fill a Critical Need in the Planning Department Pursuant to Government Code Sections 7522.56 and 21224
REPORT IN BRIEF
Considers adopting a Resolution approving the hiring of Julie Nelson as an extra-help retired annuitant to perform the duties of Planning Manager under Government Code sections 7522.56 and 21224, effective December 19, 2023.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-93, a Resolution of the City Council of the City of Merced, California, for exemption to the 180-day wait period pursuant to Government Code sections 7522.56 and 21224.
Body
ALTERNATIVES
1. Approve as recommended; or
2. Deny; or
3. Take no action.
AUTHORITY
California Government Code sections 7522.56 and 21224.
CITY COUNCIL PRIORITIES
As provided for in the 2023-2024 Adopted Budget.
DISCUSSION
California Government Code section 7522.56, subdivision (f)(1) provides that a CalPERS retiree is not eligible to work for a CalPERS employer for a period of 180 days following the date of their retirement unless an exception applies. One such exception allows the 180-day waiting period to be waived if the retired employee is needed to fill a critically necessary position and the employee has the specialized skills and knowledge for the position. Under this circumstance, the retired employee can be hired before the expiration of the 180-day waiting period if the governing body of the CalPERS agency certifies through the adoption of a resolution that the appointment is necessary to fill a critical need. Additional requirements for the post-retirement employment include:
• The retired employee can only work for a limited duration and must be hired into a retired annuitant or part-time temporary/extra-help position (not a permanent part-time position); and,
• The retired employee can only work 960 hours in a fiscal year (July 1 to June 30); and,
• The retired employee can only be paid an hourly compensation without benefits or any additional or special compensation; and,
• The compensation paid to the retired employee must be an hourly rate that is not greater than nor less than the hourly rate on the salary schedule for the equivalent position; and,
• The appointment of the employee must be made by the governing body at a public meeting and the appointment cannot be placed on a consent calendar.
The Planning Manager position oversees the day-to-day operations of the Planning Department as well as processing complex applications such as the UC Merced and VST annexations. In addition, the Planning Manager position oversees the processing of the six other annexations the City is currently working on. The Planning Manager position was vacated in April when the previous Planning Manager retired. Prior to the Planning Manager retiring, the Principal Planner position was vacated leaving two mid-manager positions vacant within the Planning Department. With the two highest level mid-manager positions vacant, there was a critical need to fill the vacant Planning Manager position with an Acting Planning Manager to ensure the department could continue operating as usual.
Ms. Nelson was in the position of Senior Planner when she was named Acting Planning Manager after the previous Planning Manager’s retirement. Ms. Nelson has been with the City for over 30 years and has extensive institutional knowledge related to the Planning Department and overall City operations. Ms. Nelson’s experience and expertise qualified her to step into the role of Acting Planning Manager. However, Ms. Nelson had plans to retire in October 2023. Because the recruitment to fill the Principal Planner position took longer than anticipated, Ms. Nelson agreed to extend her employment until December 2, 2023. Ms. Nelson’s experience and knowledge of the Planning Department is needed to help train the new Principal Planner and to help maintain the day-to-day operations within the Planning Department.
The former Director of Development Services, Scott McBride, was recently named City Manager which leaves another vacancy in the Planning Department. Although Mr. McBride is still overseeing the Department along with his duties as City Manager, having someone with Ms. Nelson’s experience and knowledge to assist and oversee the immediate needs of the department will be very beneficial for the Department and the City as a whole.
Once the new Director of Development Services position is filled, a recruitment for a Deputy Director would take place. The Deputy Director position would replace the Planning Manager position as approved in the 2023-24 budget.
The attached resolution authorizes the City Council to make the required findings to allow Ms. Nelson to be hired as a Temporary Planning Manager effective December 19, 2023, which is before the expiration of her 180-day post-retirement wait period. As set forth in further detail in the attached resolution, Ms. Nelson will be paid on an hourly basis within the same hourly range as other employees performing the same duties. Moreover, her hours will not exceed 960 hours in a fiscal year and no other benefits will be paid or provided.
Approval of the attached Resolution is therefore requested to waive the 180-day waiting period to allow the City to hire Ms. Nelson on December 19, 2023.
IMPACT ON CITY RESOURCES
Funds are available in the 2023-2024 Planning Department Budget to cover this temporary cost; no additional funding is needed.
ATTACHMENTS
1. Resolution 2023-93
2. Personnel Action Form