07 Attachment 1 - 180 Day Wait Period Resolution - Paul Horvat1 of 4
Resolution 2023-047 September 5, 2023
RESOLUTION 2023-047
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, Paul Horvat will retire from the City of Santa Cruz in the position of Emergency
Services Manager effective September 20, 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 18, 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 Paul Horvat certify that
Pau Horvat has not and will not receive a Golden Handshake or any other retirement-
related incentive; and
WHEREAS, the Town Council hereby appoints Paul Horvat as an extra help retired
annuitant to perform the duties of the Emergency Services Coordinator for the Town of Los
Gatos under Gov. Code section 21224, effective September 20, 2023; and
WHEREAS, the entire employment agreement, contract or appointment document
between Paul Horvat 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 exceed the maximum monthly base
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Resolution 2023-047 September 5, 2023
salary paid to other employees performing comparable duties, divided by 173.333 to equal the
hourly rate; and
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Resolution 2023-047 September 5, 2023
WHEREAS, the maximum monthly base salary for this position is $20,631.47 and the
hourly equivalent is $119.03; and
WHEREAS, the hourly rate paid to Paul Horvat will be $60.00; and
WHEREAS, Paul Horvat 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 Paul Horvat as described herein and detailed in the attached employment
appointment document and that this appointment is necessary to fill the critically needed
position of Emergency Services Coordinator for the Town of Los Gatos by September 20, 2023
because the Emergency Services Coordinator role is essential to the implementation of the
Town’s disaster response program and the Emergency Operations Center function.
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: MOTION: Motion by Vice Mayor Badame to endorse the values on the staff report .
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
NAYS: None
ABSENT: None
ABSTAIN: None
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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Resolution 2023-047 September 5, 2023