2023-044 - Waiving the CalPERS 180 Day Waiting Period to Rehire Retiree Sean Rose as a Capital Projects ManagerRESOLUTION 2023-044
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GOVERNMENT 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 CaIPERS 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 CaIPERS
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
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Resolution 2023-044 August 15, 2023
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 15th day of August, 2023, by the following vote:
COUNCIL MEMBERS:
AYES: Mary Badame, Matthew Nudes, Rob Moore, Rob Rennie, Mayor Maria Ristow
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
kf . I44\1)1,?
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: cd'<<v —23
ATTEST:
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TOWN CL K OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 8- Pl-0n
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Resolution 2023-044 August 15, 2023