2023-049 -Waiving the CalPERS 180 Day Waiting Period to Rehire Retiree Paul Horvat as an Emergency Services CoordinatorRESOLUTION 2023-049
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 CaIPERS 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 selected for the temporary Emergency
Services Coordinator position in the Town Manager's Office; and
WHEREAS, the Town has received correspondence from CaIPERS 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 CaIPERS; and
WHEREAS, the Town Council 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
1 of 3
Resolution 2023-049 September 19, 2023
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 CaIPERS
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 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.
2 of 3
Resolution 2023-049 September 19, 2023
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of September 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:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: q IL -.2.3
ATTEST:
TOWN CLEK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: Cli-01%-,
3 of 3
Resolution 2023-049 September 19, 2023