HomeMy WebLinkAbout16-201 - ResolutionsResolution No. 16-201 – Page 1 of 5
RESOLUTION NO. 16-201
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA CERTIFYING BASIS FOR EXCEPTION
TO THE 180-DAY WAIT PERIOD GC SECTIONS 7522.56 &
21221(H) TO ALLOW A CALPERS RETIREE TO FILL AN
EXECUTIVE POSITION DURING AN ONGOING RECRUITMENT
WHEREAS, in compliance with Government Code section 7522.56 the City Council of the
City of Rancho Cucamonga must provide CalPERS this certification resolution when hiring a
retiree before 180 days has passed since his or her retirement date; and
WHEREAS, Trang Huynh will retire from City of Rancho Cucamonga in the position of
Building and Safety Services Director, effective December 31, 2016; and
WHEREAS, section 7522.56 requires that post-retirement employment commence no
earlier than 180 days after the retirement date, which is July 1, 2017 without this certification
resolution; and
WHEREAS, 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 of the City of Rancho Cucamonga, the City of Rancho
Cucamonga and Trang Huynh certify that Trang Huynh has not and will not receive a Golden
Handshake or any other retirement-related incentive; and
WHEREAS, the City Council of the City of Rancho Cucamonga hereby appoints Trang
Huynh as an interim appointment retired annuitant to the vacant position of Building and Safety
Services Director for the City of Rancho Cucamonga under Government Code section 21221(h),
effective January 1, 2017; and
WHEREAS, an appointment under Government Code section 21221(h) requires an
active, publicly posted recruitment for a permanent replacement; and
WHEREAS, the current status of this recruitment is open and accepting applications; and
WHEREAS, this section 21221(h) appointment shall only be made once and therefore will
end on July 1, 2017 or upon filling the position, whichever is earlier; and
WHEREAS, the entire employment agreement, contract or appointment document
between Trang Huynh and the City of Rancho Cucamonga 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; and
Resolution No. 16-201 – Page 2 of 5
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 $12,342 and the hourly
equivalent is $71.20, and the minimum base salary for this position is $8,705 and the hourly
equivalent is $50.22 and
WHEREAS, the hourly rate paid to Trang Huynh will be $71.20; and
WHEREAS, Trang Huynh 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, the City Council of Rancho Cucamonga, hereby resolves the City
Council of the City of Rancho Cucamonga hereby certifies the nature of the appointment of Trang
Huynh as described herein and detailed in the attached employment
agreement/contract/appointment document and that this appointment is necessary to fill the
critically needed position of Building and Safety Services Director for the City of Rancho
Cucamonga by January 1, 2017 because a responsible executive employee is needed to provide
leadership, guidance and direction to Department staff involved in checking plans and inspecting
buildings for compliance with laws, codes, ordinances, and regulations governing the safety,
construction, and alteration of buildings including structural, electrical, mechanical, and plumbing
and certain fire and life safety systems; issue building, grading, and related permits for building
construction activities within the City.
December 7, 2016
Trang Huynh
Building and Safety Services Director
10500 Civic Center Drive
Rancho Cucamonga, CA 91030
RE: Interim Appointment Building and Safety Services Director during an ongoing recruitment
Dear Mr. Huynh:
I am pleased to extend to you an offer of employment for the position of Interim Building and Safety Services
Director at $71.20 per hour with the City of Rancho Cucamonga.
In compliance with the Public Employees’ Pension Reform Act “PEPRA”, the City acknowledges that this interim
appointment will be effective January 1, 2017, and end no later than June 30, 2017, per CalPERS exception to
the 180-day waiting GC Section 7522.56 and GC Section 21221(h).
Resolution No. 16-201, “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA CERTIFYING BASIS FOR EXCEPTION TO THE 180-DAY WAIT PERIOD GC
SECTIONS 7522.56 & 21221(H) TO ALLOW A CALPERS RETIREE TO FILL AN EXECUTIVE
POSITION DURING AN ONGOING RECRUITMENT”
By accepting this offer of temporary employment, 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 CalPERS. As a CalPERS
retiree, you will be limited to working a maximum of 960 hours per fiscal year.
Starting Salary Step: 1667 ($71.20/hr.) This is the top step of the Building and Safety Services Director
range. No other benefit, incentive, compensation in lieu of benefits, or other form of
compensation will be paid. The City must enroll Mr. Huynh as a retired annuitant and
his pay rate with hours worked will be reported in the “my CalPERS” system.
Classification: Interim Appointment Building and Safety Services Director
This offer of employment contains the entire offer. There are no other expressed or implied promises,
representations or contracts being offered to you. Your interim employment is considered “at will” and termination
may occur at any time with or without cause.
Resolution No. 16-201 – Page 4 of 5
If you have any questions regarding your appointment, please feel free to call me at (909) 477-2700, ext. 2401.
Sincerely,
Robert Neiuber
Human Resources Director
Human Resources Department
Attachment: Acknowledgement
ACKNOWLEDGEMENT OF
CONDITIONAL OFFER OF EMPLOYMENT
I understand the terms and conditions of employment. I certify that I did not receive any unemployment insurance
payments within the 12 months prior to this appointment for previous retired annuitant work with any CalPERS
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 without right of appeal or hearing.
Received and Accepted by
______________________
Date
Resolution No. 16-201 – Page 5 of 5