Attachment 1 - 180 Day Wait Period Resolution - Sean Rose1 of 2
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ATTACHMENT 1
DRAFT RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS
Gov. Code sections 7522.56 & 21224
August 15, 2023
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, Sean Rose will retire from the Town of Woodside in the position of Public
Works Director/Town Engineer effective September 5, 2023; 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 3, 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 Sean Rose certify that
Sean Rose has not and will not receive a Golden Handshake or any other retirement-
related incentive; and
WHEREAS, the Town Council hereby appoints Sean Rose as an extra help retired
annuitant to perform the duties of Capital Projects Manager (temporary/hourly) for the
Town of Los Gatos under Gov. Code section 21224, effective September 6, 2023; and
WHEREAS, the entire employment agreement, contract or appointment document
between Sean Rose 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
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ATTACHMENT 1
duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $20,030.36 and the
hourly equivalent is $115.56, and the minimum monthly base salary for this position is
$12,169.71 and the hourly equivalent is $70.21; and
WHEREAS, the hourly rate paid to Sean Rose will be $108.15; and
WHEREAS, Sean Rose 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 Sean Rose as described herein and detailed in the attached employment
appointment document and that this appointment is necessary to fill the critically needed
position of Capital Projects Manager for the Town of Los Gatos by September 6, 2023 because
the Capital Projects Manager role is essential to the design and construction management of
critical projects and overall administration of the Town’s Capital Improvement Program (CIP) to
improve the Town’s public infrastructure. Mr. Rose has the skills needed to perform work of
limited duration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the day of , 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS LOS
GATOS, CALIFORNIA
DATE: