Staff Report with attachments
PREPARED BY: Salina Flores
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/06/2022 ITEM NO: 7
DATE: August 26, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System
Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to
Appoint Cherie Avery-Strand as an Interim Permit Technician.
RECOMMENDATION:
Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to
waive the 180-day retiree rehire wait period and to appoint Cherie Avery-Strand as an Interim
Permit Technician (Attachment 1).
BACKGROUND:
The Town has an existing agreement with the California Public Employees’ Retirement System
(CalPERS) to provide its retirement program to employees. The CalPERS retirement program is
governed by Public Employees’ Retirement Law (PERL). PERL contains the rules and regulations
that a contracting agency must adhere to related to the hire of a CalPERS retiree, referred to as
a retired annuitant. PERL requires that a non-safety retired annuitant may not work for a
CalPERS contracting agency unless the retired annuitant has been retired for at least 180 days
(Gov. Code section 7522.56). In lieu of the 180-day wait period, an agency’s governing body
may approve a resolution to waive the 180 days. PERL also requires that if a retired annuitant
will be rehired into a vacant position while a recruitment for a permanent replacement is taking
place, the governing body must approve a resolution appointing the retired annuitant as an
interim employee [Gov. Code section 21224].
DISCUSSION:
Cherie Avery-Strand has been employed as a Permit Technician with the Town of Los Gatos
since 1988.
PAGE 2 OF 3 SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Cherie Avery-Strand as an Interim Permit Technician. DATE: August 26, 2022
DISCUSSION (continued):
Recently, Ms. Avery-Strand provided her notice of intent to retire from the Town with her last
day of work to occur on September 16, 2022, resulting in a CalPERS retirement effective date of
September 17, 2022.
The Town opened the recruitment for Permit Technician on August 22, 2022. The recruitment
timeline to hire this position typically spans approximately three months. The Permit
Technician role is essential to the continued operation of the Community Development
Department and its permitting functions. The incumbent is responsible for front counter
customer service duties including monitoring and responding to the Building Department email
and phone lines; receiving, processing, performing plan reviews, and issuing Building Permits;
cashier responsibilities for Building, Planning, Code Compliance, and Business License
processes; new address requests and issuance; and assisting with the Building Inspection
request line and Inspector’s schedules.
To allow for this continued critical function as well as the transfer of important institutional
knowledge to the new Permit Technician, staff is requesting to rehire Cherie Avery-Strand as an
Interim Permit Technician until the permanent replacement is trained. Before Ms. Avery-
Strand can be hired as a retired annuitant, the Town Council must adopt a CalPERS resolution to
allow staff to request that the re-employment begins earlier than the 180-day wait period and
to appoint Ms. Avery-Strand as an Interim Permit Technician. A retired annuitant may be
appointed in an interim position provided that there is an open recruitment to fill the vacancy.
The rate of pay may not be less than or more than the current approved salary range for the
vacant position. Also, a retired annuitant may not work more than 960 hours in a CalPERS fiscal
year. The CalPERS fiscal year begins July 1 and ends on June 30. The tentative first day of
employment as a retired annuitant for Ms. Strand is September 8, 2022, subject to CalPERS
approval of the executed resolutions.
CONCLUSION:
Staff recommends that the Town Council adopt a Resolution to waive the 180-day wait period
and appoint Cherie Avery-Strand to the Interim Permit Technician position while the
recruitment for a permanent replacement takes place.
PAGE 3 OF 3 SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Cherie Avery-Strand as an Interim Permit Technician. DATE: August 26, 2022
FISCAL IMPACT:
It is anticipated that the rehire of a retired annuitant will result in overall budget savings given
that the retiree will no longer be eligible for benefits related to permanent employment except
the Town’s contribution to Medicare.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. CalPERS Resolution for a 180-Day Wait Period Exception and Appointment of Cherie Avery-
Strand as an Interim Permit Technician.
This Page Intentionally Left Blank
Page 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:_______________