09 Staff Report.180 Day Wait Period Amended Resolution - Sean Rose
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023 ITEM NO: 8
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Rescind Resolution 2023-046 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 2023-046 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.
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: September 14, 2023
BACKGROUND (Continued):
On September 5, 2023, the Town Council adopted an amended resolution to adjust for the fact
that Mr. Rose changed his retirement date to September 13, 2023.
DISCUSSION:
Upon submitting the documentation to CalPERS, CalPERS recommended clarifying in the
resolution that Mr. Rose’s duties would most closely align with a subset of the Parks and Public
Works Director duties and to use the Director pay rates for the comparable maximum and
minimum base salaries. The amended resolution reflects these changes.
CONCLUSION:
Due to the clarification requested, staff recommends that the Town Council rescind the prior
Resolution 2023-046 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
2. Conditional Offer Letter
3. Final Offer Letter