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Home My WebLink About2023-114 - Resolution RESOLUTION NO. 2023-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPOINTING RAY CASEY AS AN 'INTERIM PUBLIC WORKS SERVICES DIRECTOR GOVERNMENT CODE SECTION 21221(H) WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees' Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City Council of the City of Rancho Cucamonga desires to appoint Ray Casey as an interim appointment retired annuitant to the vacant position of Public Works Services Director for the City of Rancho Cucamonga under Gov. Code section 21221(h), effective November 6, 2023; and WHEREAS, the City Council of the City of Rancho Cucamonga, the City of Rancho Cucamonga and Ray Casey certify that Ray Casey 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 is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the governing body has authorized the search for a permanent appointment on October 18, 2023; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on May 1, 2024; and WHEREAS, the entire employment agreement, contract or appointment document between Ray Casey and the City of Rancho Cucamonga has been reviewed by this body and is attached herein; 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 $15,756 and the hourly equivalent is $90.90; the minimum base salary for this position is $11,113 and the hourly equivalent is $64.11; and WHEREAS, the hourly rate paid to Ray Casey will be $90.9002; and Resolution No. 2023-114- Page 1 of 3 5 WHEREAS, Ray Casey 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; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga hereby certifies the nature of the employment of Ray Casey as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Public Works Services Director for the City of Rancho Cucamonga by November 6, 2023, because his employment is needed to provide day-to-day management of the Public Works Department that oversees all Streets, Parks and City Facilities until a permanent Public Works Services Director is hired. Resolution No. 2023-114- Page 2 of 3 PASSED, APPROVED, and ADOPTED this 1st day of November, 2023. L. a is ichae , Mayor ATTEST: Ja C eynolds, City Clerk STATE OF CALIFORNIA ) COUNTY PF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 1st day of November, 2023. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 2"d day of November, 2023, at Rancho Cucamonga, California. L.. Jan' Reynolds, City CleplC Resolution No. 2023-114- Page 3 of 3 Mayor L.Dennis Michael 1 Mayor Pro Tom Lynne B.Kennedy Council Members Ryon A.Hutchison,Kristine D.Scott,Sam Spognoto City Manager John R.Gillison CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive J Rancho Cucamonga,CA 91730 909.477.2700 %ww.CtplltC.us October 24,2023 Ray Casey RE: Appointment to a Vacant Position in accordance with Government Code section 21221(h) Dear Ray Casey, I am pleased to extend to you an offer of anat-will, provisional appointment to a Vacant Position Appointment under Gov.Code section 21221(h)with the City of Rancho Cucamonga. If you accept this appointment,your pay rate would be $90.90 per hour,;Step 6718. This assignment is to work in the vacant position of Public Works Services Director while a recruitment for the position of Public Works Services Director, which opened on October 18,2023,is conducted. Your start date would be November 6, 2023,and would end no later than May 1, 2023. This offer is made contingent upon approval of a Resolution of the City Council of the City of Rancho Cucamonga appointing you as an interim Public Works Services Director for the City of Rancho Cucamonga.The Resolution is scheduled to be considered by the City Council on November 1,2023. In compliance with the Public Employees' Pension Reform Act "PEPRA", the City acknowledges that you have the specialized skills and experience needed to perform.this special assignment of limited duration,per CaIPERS GC Section 21221(h). By accepting this offer of at-will, provisional employment, you confirm that you were of normal retirement age when you retired on January 29, 2023, and that, there has been greater than a 180-day separation from your date of retirement.Furthermore,you certify that you did not receive any unemployment insurance payments within 12 months prior to this appointment for previous retired annuitant work with any Cal'PERS employer. In addition, you agree that the City of Rancho Cucamonga will enroll you as a retired annuitant and will report your hours worked with the hourly pay rate to Ca1PERS. As a CalPERS retiree,you will be limited to working a, maximum of 960 hours per fiscal year for all Ca1PERS contracting agencies. Subject to,in accordance with,and to the extent.provided by the California Government Claims Act[Government Code Section 810 et seq.], CITY will indemnify, defend, and hold Ray Casey harmless from and against any action demand,suit,monetary judgment or other legal or administrative proceeding,and any liability,injury,loss, or other damages, arising within the course and scope of his employment. Starting Salary.Step: 6718,$90.90 per hour.This rate is within the Public Works Services Director salary range. The Public Works Services Director is the classification in the City that performs the most comparable duties to the duties you will be performing in this assignment.No other benefit, incentive,compensation in lieu of benefits, or other forms of compensation will be paid. Classification: Temporary, At-Will,Provisional Appointment of Limited Duration Mayor L.Uenms Michael I Mayor Fro lem Lynne b.Kennedy Council Members Ryan A.Hutchison,Kristine D.Scott,Sam Spagnolo City Manager John R.Gillison 10500 Civic Center Drive Rancho Cucamonga,CA 91730 909.477.V00 www.CityofRC.us The City makes no representation,promises,guarantees,or warranties,express or implied, on the impact, if any, the acceptance of this offer may have upon your Ca1PERS retirement benefits, status, duties, and/or obligations. In entering into this agreement, you acknowledge that you have not relied upon such representations (none of which being in existence) in assessing the Ca1PERS-related impact of your employment. Therefore, by signing below you release the City,its employees,elected officials,agents,or attorneys from any and all Ca1PERS-related claims or liabilities that may arise in connection with employment pursuant to this Agreement. This offer of employment contains the entire offer. There are no other expressed or implied promises, representations or contracts being offered to you. Your provisional employment is considered "at will' and termination may occur at any time with or without cause. If you have any questions regarding your appointment,please feel free to call me at(909)774-2401. Sincerely, Robert Neiuber Human Resources Director ACKNOWLEDGEMENT OF CONDITIONAL OFFER OF EMPLOYMENT 1,Ray Casey,understand and accept the above terms and conditions of employment.I certify that I did not receive any unemployment insurance payments within 12 months prior to this appointment or previous retired annuitant work with any Ca1PERS employer. I further understand that, if hired, I would be an at-will employee and that termination may occur at any time with or without cause, and without the right of appeal or hearing. Received and Accepted by Date Z3