06 Staff Report - 180 Day Wait Period - Sean Rose with attachments
PREPARED BY: Salina Flores
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and 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: 09/05/2023 ITEM NO: 6
DATE: August 25, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Rescind Resolution 2023-044 and Adopt an Amended Resolution for the
California Public Employees’ Retirement System Retirement Plan to Waive
the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the
Temporary Capital Projects Manager in the Parks and Public Works
Department
RECOMMENDATION:
Rescind Resolution 2023-044 and adopt an Amended Resolution for the California Public
Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period
and to appoint Sean Rose as the temporary Capital Projects Manager in the Parks and Public
Works Department (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.
On August 15, 2023, the Town Council adopted a resolution to waive the 180-day requirement
for Sean Rose who was tentatively selected for the temporary Capital Projects Manager
position in the Parks and Public Works Department. Since Council’s action, Mr. Rose has
PAGE 2 OF 2 SUBJECT: Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager. DATE: August 25, 2023
BACKGROUND (Continued):
postponed his retirement date to September 13, 2023, necessitating the Council’s
consideration of an Amended Resolution.
DISCUSSION:
Sean Rose is currently employed as Public Works Director/Town Engineer with the Town of
Woodside. Mr. Rose initially provided his notice of intent to retire from the Town of Woodside
with his last day of work to occur on September 4, 2023, resulting in a CalPERS retirement
effective date of September 5, 2023. However, in order to complete certain critical
assignments, his last of work has changed to September 12, 2023, resulting in a new CalPERS
retirement effective date of September 13, 2023. Mr. Rose would start his employment with
the Town on that date.
CONCLUSION:
Due to the change in retirement date, staff recommends that the Town Council rescind the
prior Resolution (2023-044) and adopt an Amended Resolution to waive the CalPERS 180-day
wait period and appoint Sean Rose to the temporary Capital Projects Manager position
effective September 13, 2023.
FISCAL IMPACT:
It is anticipated that the hire of a retired annuitant will result in overall budget savings, given
that the retiree will not be eligible for benefits related to permanent employment except the
Town’s contribution to Medicare.
This position is funded through the Parks and Public Works Department, and the salary is paid
via reimbursement from project related funds. There is no impact to the General Fund from
this position and the cost of staff time is already accounted for in the project budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. CalPERS Amended Resolution for a 180-Day Wait Period Exception and Appointment of
Sean Rose as the Temporary Capital Projects Manager
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
Gov. Code sections 7522.56 & 21224
September 5, 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, Gov. Code section 7522.56 requires that post-retirement employment
commence no earlier than 180 days after the retirement date, which is March 11, 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, On August 15, 2023, the Town Council adopted a resolution to waive the 180-
day requirement for Sean Rose who was tentatively selected for the temporary Capital Projects
Manager position in the Parks and Public Works Department; and
WHEREAS, Mr. Rose has revised his retirement date to September 13, 2023; and
WHEREAS, the Town needs to revise its Resolution to reflect Mr. Rose’s new retirement
date of September 13, 2023; and
WHEREAS, the Town Council rescinds Resolution 2023-044 and adopts an Amended
Resolution for the California Public Employees’ Retirement System Retirement Plan to
waive the 180-day retiree rehire wait period and to appoint Sean Rose as the temporary
Capital Projects Manager in the Parks and Public Works Department.
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 13, 2023; and
ATTACHMENT 1
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
duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $20,631.47 and the hourly
equivalent is $119.03; 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 14, 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of September 2023, 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:
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