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HomeMy WebLinkAboutCC RES 23-51______________________ Resolution 23-51 Page 1 of 3 RESOLUTION NO. 23-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE POST-RETIREMENT EMPLOYMENT OF SHARON MCCANN AS A POLICE RECORDS LEAD SOONER THAN 180 DAYS AFTER RETIREMENT WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees’ Retirement Law, the City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and WHEREAS, Sharon McCann, CalPERS ID 7778083494, will retire from the City of Tustin in the position of Police Records Lead, effective November 20, 2023; and WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is May 18, 2024 without this certification resolution; and WHEREAS, Government 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 City Council, the City of Tustin, and Sharon McCann certify that Sharon McCann has not and will not receive a Golden Handshake or any other retirement- related incentive; and WHEREAS, the City Council hereby appoints Sharon McCann as an extra help retired annuitant to perform the duties of a Police Records Lead for the City of Tustin under Government Code section 21224, effective November 20, 2023; and WHEREAS, the entire employment agreement, contract or appointment document between Sharon McCann and the City of Tustin has been reviewed by this body and is attached hereto; 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 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 DocuSign Envelope ID: 42F89EFF-71D5-470A-9DE5-EBABFE3FEB4ADocuSign Envelope ID: 464CD510-EB4E-4EF7-97CC-FE8AE729D3AF _____________________ Resolution 23-51 Page 2 of 3 WHEREAS, the maximum base salary for this position is $38.26 per hour and the minimum base salary for this position is $28.42 per hour; and WHEREAS, the hourly rate paid to Sharon McCann will be $38.26; and WHEREAS, Sharon McCann 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 City Council hereby certifies the nature of the employment of Sharon McCann as described herein and detailed in the attached personnel appointment documents and that this appointment is necessary to fill the critically needed position of Police Records Lead for the City of Tustin by November 20, 2023 because the Records Unit is severely understaffed, current staff is not yet sufficiently trained on critical tasks currently performed by Sharon McCann, and the 24/7 operations of this work unit require this position be filled by someone with the special skills, experience, and organizational knowledge of Sharon McCann by November 20, 2023. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7th day of November 2023. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney DocuSign Envelope ID: 42F89EFF-71D5-470A-9DE5-EBABFE3FEB4ADocuSign Envelope ID: 464CD510-EB4E-4EF7-97CC-FE8AE729D3AF ______________________ Resolution 23-51 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 23-51 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of November 2023, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ____________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: 42F89EFF-71D5-470A-9DE5-EBABFE3FEB4A Lumbard, Clark, Gallagher, Gomez Schnell (4) (0) (0) (1) (0) DocuSign Envelope ID: 464CD510-EB4E-4EF7-97CC-FE8AE729D3AF