HomeMy WebLinkAbout2023-40 - Emrick 180 Day Wait PeriodRESOLUTION NO. 2023-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, FOR AN EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT
TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h)
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND
DECLARES AS FOLLOWS:
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the
Public Employees' Retirement Law, the City Council of the City of Costa Mesa must
provide CalPERS this certification resolution when hiring a retiree before 180 days has
passed since his or her retirement date; and
WHEREAS, Brenda S. Emrick (SSN XXX-XX-XXXX) retired from the City of
Costa Mesa in the position of Emergency Services Manager effective July 14, 2023;
and
WHEREAS, Gov. Code Section 7522.56 requires that post -retirement
employment commence no earlier than 180 days after the retirement date, which is
January 11, 2024, without this certification resolution; and
WHEREAS, Gov. 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;
and
WHEREAS, the City Council, the City of Costa Mesa and Brenda S. Emrick
certify that Brenda S. Emrick has not and will not receive a Golden Handshake or any
other retirement -related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the
retiree to be appointed on an interim basis to a vacant position requiring specialized
skills during recruitment for a permanent appointment; and
WHEREAS, the governing body has authorized the search for a permanent
appointment on March 14, 2023; and
WHEREAS, the City Council hereby appoints Brenda S. Emrick as an interim
appointment retired annuitant to the vacant position of Emergency Services Manager for
the City of Costa Mesa under Gov. Code section 21221(h), effective July 30, 2023; and
Resolution No. 2023-40 Page 1 of 4
WHEREAS, this Gov. Code section 21221 (h) appointment shall only be made
once and therefore will end on December 31, 2023; and
WHEREAS, the entire employment agreement, contract or appointment
document between Brenda S. Emrick and the City of Costa Mesa has been reviewed by
this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment
and appointment have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all
CalPERS employers; and
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; and
WHEREAS, the maximum base salary for this position is $12,636 per month and
the hourly equivalent is $72.90, and the minimum base salary for this position is $9,429
per month and the hourly equivalent is $54.40; and
WHEREAS, the hourly rate paid to Brenda S. Emrick will be $66.12; and
WHEREAS, Brenda S. Emrick has not and will not receive any other benefit,
incentive, compensation in lieu of benefit or other form of compensation in addition to
this hourly pay rate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
HEREBY RESOLVES as follows:
SECTION 1. The City Council of the City of Costa Mesa hereby certifies the
nature of the appointment of Brenda S. Emrick as described herein and detailed in the
attached employment agreement and that this appointment is necessary to fill the
vacant and critically needed position of Emergency Services Manager for the City of
Costa Mesa by July 30, 2023 because of critical needs related to the City's emergency
services and disaster preparedness programs, during recruitment of a permanent
appointee.
Resolution No. 2023-40 Page 2 of 4
PASSED AND ADOPTED this 18t" day of July, 2023.
ATTEST:
ajX1&U Imo'
Brenda Green, tity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
John Stephens, Mayor
APPROVED AS TO FORM:
Kimberly H' II'Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 2023-40 and
was duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 18t" day of July, 2023, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARPER, MARR, REYNOLDS,
HARLAN, AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 19t" day of July, 2023.
Brenda Green, Oty Clerk
Resolution No. 2023-40 Page 3 of 4