Attachment 1 - CalPERS ResolutionPage 1 of 2
Resolution 2022- Council Meeting Date
RESOLUTION 2022 –
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO WAIVE THE 180-DAY WAITING PERIOD TO HIRE CHERIE STRAND AS A RETIRED ANNUITANT TO FILL A CRITICAL POSITION AS PERMIT TECHNICIAN PURSUANT TO GOV. CODE SECTIONS 7522.56 & 21224
September 6, 2022
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the
Public Employees Retirement Law, the Town Council must provide CalPERS this
certification resolution when hiring a retiree before 180 days has passed since their
retirement date; and
WHEREAS, Cherie Avery-Strand retired from Town of Los Gatos in the position of Permit
Technician, effective September 17, 2022; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment
commence no earlier than 180 days after the retirement date, which is March 16, 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 Town Council, the Town of Los Gatos and Cherie Avery-Strand
certify that Cherie Avery-Strand has not and will not receive any other retirement-related
incentive; and
WHEREAS, the Town Council hereby appoints Cherie Avery-Strand as an extra help
retired annuitant to perform the duties of the Permit Technician for the Town of Los Gatos
under Gov. Code section 21224, effective September 19, 2022; and
WHEREAS, the entire employment agreement, contract or appointment document
between Cherie Avery-Strand and the Town of Los Gatos 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
ATTACHMENT 1
Page 2 of 2
Resolution 2022- Council Meeting Date
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 monthly base salary for this position is $7,962.93 and the
hourly equivalent is $45.94, and the minimum monthly base salary for this position is $6,158.53
and the hourly equivalent is $35.53; and
WHEREAS, the hourly rate paid to Cherie Avery-Strand will be $45.94; and
WHEREAS, Cherie Avery-Strand 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
THEREFORE, BE IT RESOLVED THAT the Town Council hereby certifies the nature of the
appointment of Cherie Avery-Strand as described herein and detailed in the attached
employment agreement and that this appointment is necessary to fill the critically needed
position of Permit Technician for the Town of Los Gatos by September 19, 2022 because the
Permit Technician role is essential to the continued operation of the Community Development
Department and its permitting functions.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of September, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:_______________