2023-050 -Waiving the CalPERS 180 Day Waiting Period to Rehire Retiree Sean Rose as a Capital Projects ManagerRESOLUTION 2023-050
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, 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, 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, On August 15, 2023, the Town Council adopted Resolution 2023-044 to waive
the 180-day requirement for Sean Rose, who was selected for the temporary Capital Project
Manager position in the Parks and Public Works Department; and
WHEREAS, on September 5, 2023, after Mr. Rose changed his retirement date, the Town
Council adopted Amended Resolution 2023-046 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 Project Manager in the Parks and Public Works Department; 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 Sean Rose as the temporary Capital Projects Manager in the Parks and Public
Works Department; and
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Resolution 2023-050 September 19, 2023
WHEREAS, the Town Council hereby appoints Sean Rose as an extra help retired
annuitant to perform the duties of Capital Project Manager (temporary/hourly) for the Town
of Los Gatos under Gov. Code section 21224, effective September 13, 2023; and
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 CaIPERS
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 Capital Project Manager duties are most comparable to a subset of duties
in the Parks and Public Works Director classification; and
WHEREAS, the maximum monthly base salary for the classification of Parks and Public
Works Director is $20,212.36 and the hourly equivalent is $116.61, and the minimum monthly
base salary for the classification is $14, 972.50 and the hourly equivalent is $86.38; 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 Project Manager for the Town of Los Gatos by September 13, 2023 because
the Capital Project 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.
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Resolution 2023-050 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 Hudes, 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: / — ).lp "23
ATTEST:
LJ
TOWN CLOF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: CA- a(0-0-3
Resolution 2023-050 September 19, 2023