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Legislative Public Meetings

File #: 17-1172   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 12/19/2017
Title: Adopt a Resolution Approving an Exception to the CalPERS 180-Day Waiting Period for Work After Retirement for Brice McQueen, Senior Management Analyst in the Department of Finance
Attachments: 1. Resolution (revised 12/14/17)
REPORT TO COUNCIL

SUBJECT
Title
Adopt a Resolution Approving an Exception to the CalPERS 180-Day Waiting Period for Work After Retirement for Brice McQueen, Senior Management Analyst in the Department of Finance

Report
BACKGROUND
CalPERS rules generally prohibit hiring retired annuitants to permanent or regular staff positions without reinstatement from retirement, and require a minimum "waiting period" of 180 days following retirement. However, there are some limited exceptions to that prohibition allowed by Government Code section 7522.56. Section 21221(h) of the Government Code allow a retiree to serve without reinstatement from retirement for a single interim appointment to a vacant managerial, executive or other unique position. Similarly, Government Code section 21224 allows agencies to hire retirees to perform work of limited duration, such as the elimination of backlogs, limited term special project work, or to do work in excess of what regular permanent staff can do. To waive the 180-day waiting period, a public agency must adopt a resolution certifying the nature of the employment and that the appointment is necessary to fill a critically needed position before the 180 days has passed.

Finance Department Senior Management Analyst, Brice McQueen, recently submitted his resignation and retirement effective December 30, 2017. Brice is the department's exclusive analyst for the Redevelopment Successor Agency (RSA), and there are several actions related to redevelopment that need to be completed over the coming six months, including an oversight board meeting in late January. Brice carries many years of knowledge and experience related to the RSA (and former Redevelopment Agency). Therefore, it is in the best interest of the City to hire him to perform limited services to meet this unique and limited duration need. He has agreed to continue in a Casual Management capacity to carry out this function.

EXISTING POLICY
CalPERS rules (Government Code Sectio...

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