Attachment 1-180-Day Wait Period Exception & Interim Position Resolution Conway1 of 3
Resolution 20 - December 21, 2021
RESOLUTION 2021 -xx RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GOV. Code sections 7522.56 & 21221(h)
December 21, 2021
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, Stephen Conway retired from the Town of Los Gatos in the position of
Finance Director, effective December 31, 2021; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment
commence no earlier than 180 days after the retirement date, which is June 30, 2022 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 Stephen Conway certify that
Stephen Conway has not and will not receive a Golden Handshake or any other retirement-
related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is
appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment
on December 21, 2021; and
WHEREAS, the Town Council hereby appoints Stephen Conway as an interim
appointment retired annuitant to the vacant position of Finance Director for the Town of Los
Gatos under Gov. Code section 21221(h), effective January 1, 2022; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and
therefore will end 12 months from the date of the interim appointment; 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
ATTACHMENT 1
2 of 3
Resolution 20 - December 21, 2021
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS
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 maximum base salary for this position is $18,047 and the hourly
equivalent is $104.12, and the minimum base salary for this position is $13,368 and the hourly
equivalent is $77.12; and
WHEREAS, the hourly rate paid to Stephen Conway will be $103.52; and
WHEREAS, Stephen Conway 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
NOW, THEREFORE, BE IT RESOLVED THAT the Town Council hereby certifies the nature
of the employment of Stephen Conway as described herein and that this appointment is
necessary to fill the critically needed position of Finance Director for the Town of Los Gatos by
January 1, 2022 because the position provides critical oversight and contributions to financial
processes, audits, and required financial documents such as the Annual Comprehensive
Financial Report.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21st day of December, 2021, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3 of 3
Resolution 20 - December 21, 2021
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________