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08 Attachment 1 - Resolution Paul Horvat 1 of 3 Draft Resolution Date ATTACHMENT 1 DRAFT RESOLUTION 2023- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS Gov. Code sections 7522.56 & 21224 September 19, 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, On September 5, 2023, the Town Council adopted Resolution 2023-047 to waive the 180-day requirement for Paul Horvat, who was tentatively selected for the temporary Emergency Services Coordinator position in the Town Manager’s Office; and WHEREAS, the Town has received correspondence from CalPERS requesting clarification with regard to the classification upon which the salary for this position is based; and WHEREAS, the Town needs to revise its Resolution to provide the requested clarification to CalPERS; and WHEREAS, the Town Council rescinds Resolution 2023-047 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 Paul Horvat as the temporary Emergency Services Coordinator in the Town Manager’s Office; and 2 of 3 Draft Resolution Date ATTACHMENT 1 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 salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the Emergency Services Coordinator duties are most comparable to a subset of duties in the Community Outreach Coordinator classification; and WHEREAS, the maximum monthly base salary for the classification of Community Outreach Coordinator is $10,902.65 and the hourly equivalent is 62.90, and the minimum monthly base salary for the classification is $8,075.58 and the hourly equivalent is $46.59; 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 rescinds Resolution 2023- 047 and adopts this Resolution certifying 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 3 of 3 Draft Resolution Date ATTACHMENT 1 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 ______ day of _____________, 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: