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File #: 23-1025    Version: 1 Name:
Type: Report Item Status: Passed
File created: 11/11/2023 In control: City Council/Public Finance and Economic Development Authority/Parking Authority
On agenda: 12/18/2023 Final action: 12/18/2023
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.
Attachments: 1. Resolution 2023-93, 2. Personnel Action Form
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 employe...

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