TITLE:
title
RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221, FOR THE REHIRE OF EMERGENCY SERVICES MANAGER BRENDA EMRICK
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DEPARTMENT: CITY MANAGER’S OFFICE / HUMAN RESOURCES DIVISION
PRESENTED BY: CITY MANAGER’S OFFICE / HUMAN RESOURCES DIVISION
CONTACT INFORMATION: KASAMA LEE, HUMAN RESOURCES MANAGER, (714)754-5169
RECOMMENDATION:
recommendation
Staff recommends the City Council:
Adopt by resolution the exception to the 180-Day Wait Period pursuant to Government Code Sections 7522.56 and 21221(h) (Attachment I) to retain the services of retired Emergency Services Manager Brenda Emrick
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BACKGROUND:
Emergency Services Manager Brenda Emrick retired from the City of Costa Mesa effective July 14, 2023. Her continued services are necessary because of critical needs related to the City’s emergency services and disaster preparedness programs.
ANALYSIS:
Section 7522.56 of the Government Code requires that post-retirement employment commence no earlier than 180 days after the retirement date, but a public agency may hire a retired annuitant prior to the expiration of the 180 days following his/her retirement, if the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed and while the City is recruiting for a permanent appointee.
This interim appointment is limited to 960 hours per fiscal year and 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. This appointment does not include any other benefit, incentive, or compensation in lieu of benefit or other form of compensation in addition to an hourly rate.
A recruitment to fill the Emergency Services Manager position was opened in March 2023; however, the selected candidate from this recruitment declined the position. The Human Resources Division is continuing to recruit for this position. While the position is vacant, Ms. Emrick’s services are required to assist in performing the functions of this important position. Ms. Emrick provides vital services for the City’s emergency services and disaster preparedness programs including maintaining the City’s Emergency Operations Plan and the City’s Emergency Operations Center (EOC). Her services are imperative while the City conducts a search for her replacement. Further, she will assist with the transition and training when her replacement comes on board. Ms. Emrick will also be able to assist with other special projects such as coordination of emergency preparedness training and tabletop exercises, assisting with the coordination and management of various community risk reduction community outreach and programs and training of new employees.
This interim appointment complies with the CalPERS guidelines regarding retired annuitants.
ALTERNATIVES:
Do not approve the recommendation action(s) and direct staff accordingly.
FISCAL REVIEW:
The hourly rate paid will be $66.12. No other benefits will be provided. The salary falls within the base salary range for the position of Emergency Services Manager and complies with the CalPERS guidelines regarding retired annuitants. Ms. Emrick will work no more than 960 hours per fiscal year. Should she work up to the 960-hour limitation during the fiscal year, her maximum earnings would be $63,475. Funding will come from salary savings from her vacant position.
LEGAL REVIEW:
The attached resolution has been reviewed by the City Attorney’s Office and approved as to form
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the City’s Strategic Plan Goals to Strengthen the Public’s Safety and Improvement the Quality of Life.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. 2023-XX, granting an exception to the 180-day wait period pursuant to Government Code Sections 7522.56 and 21221(h).