HomeMy WebLinkAbout15 AUTHORIZING THE TEMPORARY POST-RETIREMENT EMPLOYMENT OF KEN_ NISHIKAWADocusign Envelope ID: 7AB05F87-574B-4CBB-8B11-B9D77ED61BD7
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item
AGENDA REPORT Reviewed:
City Manager
Finance Director
OCTOBER 1, 2024
ALDO E. SCHINDLER, CITY MANAGER
DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
15
Initial
ass
N/A
AUTHORIZING THE TEMPORARY POST -RETIREMENT
EMPLOYMENT OF KEN NISHIKAWA
Adoption of the attached Resolution will authorize the City to employ Ken Nishikawa on a
temporary part-time basis in the retired annuitant position of Deputy Director of Public Works —
Engineering sooner than 180 days after his upcoming retirement.
RECOMMENDATION:
Adopt Resolution No. 24-71 authorizing the City to employ Ken Nishikawa on a temporary part-
time basis in the retired annuitant position of Deputy Director of Public Works — Engineering
shortly after his retirement.
FISCAL IMPACT:
Authorization of this position will result in a cost of up to approximately $93,000 on an annualized
basis. Staff is not requesting any supplemental budget appropriations associated with this action
at this time; any supplemental appropriations will be incorporated with the mid -year budget
review, which will be presented to the City Council in February 2025.
CORRELATION TO THE STRATEGIC PLAN:
This item correlates to Goal A (Economic and Neighborhood Development) by enabling the City
to temporarily retain an employee with extensive institutional knowledge and technical expertise
related to land development engineering at Tustin Legacy.
BACKGROUND AND DISCUSSION:
Over 14 years ago, after a lengthy career in the private sector, Ken Nishikawa joined the City of
Tustin's Public Works Department. Originally hired as the Tustin Legacy Development Services
Manager, Mr. Nishikawa is currently serving as the Deputy Director of Public Works / City
Engineer. Mr. Nishikawa has notified the City of his plans to retire from full-time employment,
Docusign Envelope ID: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7
City Council Agenda Report
Authorizing the Temporary Post -Retirement Employment of Ken Nishikawa
October 1, 2024
Page 2
with December 6, 2024 as his last day of employment with the City and a CalPERS retirement
date of December 7, 2024.
The City has a critical and time -sensitive need for Mr. Nishikawa to return to work for the City on
a temporary part-time basis after his retirement from full-time employment. Over the past year,
the City has experienced turnover in the Engineering Division of the Public Works Department.
Mr. Nishikawa has significant institutional knowledge and technical expertise in private and
public land development engineering and has been essential in the development of Tustin
Legacy. Mr. Nishikawa's continued services are needed immediately to assist with the
coordination of approximately $90 million in critical capital improvement projects throughout
Tustin Legacy, with projects in varying stages of design and/or construction, over the next two
years. Mr. Nishikawa is uniquely qualified to assist with these high -profile development activities,
which require complex construction sequencing and coordination of overlapping projects. Mr.
Nishikawa also has the technical ability and experience to support key City initiatives like the
Tustin Legacy Specific Plan Amendment and subsequently update technical documents to
support City land development objectives. If he is re -hired into the proposed retired annuitant
position, Mr. Nishikawa's focus with be on the following key projects: Armstrong Pedestrian
Bridge, Tustin Legacy Park Phase II, Neighborhood D South Infrastructure, Tustin Legacy
Specific Area Master Plan, and Neighborhood G Grading and Infrastructure.
Individuals who have retired from CalPERS are referred to as "retired annuitants". Pursuant to
State law, retired annuitants are only permitted to work for the City (or any CalPERS employer)
without reinstating to active CalPERS membership in very limited situations, and must meet
specific requirements set forth in Government Code sections 7522.56 and either 21221(h) or
21224. Among the requirements are the individual must have specialized skills that are needed
to perform work of a limited duration, the individual's employment must be limited to 960 hours
or less in a fiscal year, the individual's rate of pay must fall within the established salary range
for individuals performing similar work, and the individual must not receive any other benefits or
compensation besides an hourly wage. The proposed retired annuitant appointment of Mr.
Nishikawa meets all of these requirements.
Government Code section 7522.56 also generally requires a 180-day wait period before a
CalPERS retiree can be re-employed as a retired annuitant at a CalPERS-covered agency,
unless the individual is re-employed as a sworn firefighter or peace officer. However, a CalPERS
retiree may be re-employed as a CalPERS retired annuitant before the expiration of a 180-day
waiting period if the governing body explicitly authorizes the need to fill the position sooner by
adopting a certification resolution. Mr. Nishikawa has informed the City that his last day of full-
time work will be December 6, 2024, with his CalPERS retirement beginning December 7, 2024.
Mr. Nishikawa has agreed to return to work for the City as a retired annuitant in a temporary
"extra help" capacity, effective December 10, 2024. Since Mr. Nishikawa's planned start date as
a retired annuitant is less than 180 days after his retirement, City Council authorization is
required.
By adopting Resolution No. 24-71, the City will be permitted to re-employ Mr. Nishikawa on a
temporary part-time basis in the retired annuitant position of Deputy Director of Public Works —
Docusign Envelope ID: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7
City Council Agenda Report
Authorizing the Temporary Post -Retirement Employment of Ken Nishikawa
October 1, 2024
Page 3
Engineering on December 10, 2024. The only compensation Mr. Nishikawa will receive is an
hourly salary for any hours he works, at a rate pay within the publicly available salary range for
the classification of Deputy Director of Public Works — Engineering; he will receive no other
compensation or benefits from the City. Mr. Nishikawa will be limited to working 960 hours or
less per fiscal year in compliance with CalPERS regulations, and will be employed at -will, so this
assignment may be terminated by either party at any time. The City currently expects to employ
Mr. Nishikawa in this limited duration retired annuitant position through no later than December
31, 2026.
Derick Yasuda
Director of Human Resources
Attachment:
1. City Council Resolution No. 24-71
2. Personnel Appointment Documents for Ken Nishikawa (Personnel Action Form and
CalPERS Retired Annuitant Compliance Checklist)
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RESOLUTION NO. 24-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE POST -RETIREMENT EMPLOYMENT OF
KEN NISHIKAWA 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, Ken K. Nishikawa, CalPERS ID 1602272402, will retire from the City
of Tustin in the position of Deputy Director of Public Works / City Engineer, effective
December 7, 2024; and
WHEREAS, Government Code section 7522.56 requires that post -retirement
employment commence no earlier than 180 days after the retirement date, which is June
5, 2025 unless the City Council adopts a 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 Ken K. Nishikawa certify that
Ken K. Nishikawa has not and will not receive a Golden Handshake or any other
retirement -related incentive; and
WHEREAS, the City Council hereby appoints Ken K. Nishikawa as an extra help
retired annuitant to perform duties of a Deputy Director of Public Works — Engineering for
the City of Tustin under Government Code section 21224, effective December 10, 2024;
and
WHEREAS, the entire employment agreement, contract or appointment document
between Ken K. Nishikawa 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 that Ken K. Nishikawa may be employed by as of December 10,
2024; and
Resolution 24-71
Page 1 of 3
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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 currently $95.62 per hour
and the minimum base salary for this position is currently $71.02 per hour; and
WHEREAS, the hourly rate paid to Ken K. Nishikawa will be $95.62; and
WHEREAS, Ken K. Nishikawa 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 Ken K. Nishikawa as described herein and detailed in
the attached personnel appointment documents and that this appointment is necessary
to fill the critically needed position of Deputy Director of Public Works — Engineering for
the City of Tustin by December 10, 2024. Over the past year, the City has experienced
significant turnover in the Engineering Division of the Public Works Department. Mr.
Nishikawa has significant institutional knowledge and technical expertise in private and
public land development engineering and has been essential in the development of Tustin
Legacy. Mr. Nishikawa's continued services are needed immediately to assist with the
coordination of approximately $90 million in critical capital improvement projects
throughout Tustin Legacy, with projects in varying stages of design and/or construction,
over the next two years. Mr. Nishikawa is uniquely qualified to assist with these high -
profile development activities, which require complex construction sequencing and
coordination of overlapping projects. Mr. Nishikawa also has the technical ability and
experience to support key City initiatives like the Tustin Legacy Specific Plan Amendment
and subsequently update technical documents to support City land development
objectives.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 1 st day of October 2024.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
Resolution 24-71
Page 2of3
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APPROVED AS TO FORM:
DocuSigned by:
7�'Z'179
DA $E3 I&RDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Erica N. 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. 24-71 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 1st day of October
2024, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Resolution 24-71
Page 3 of 3
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EMPLOYEE INFORMATION
Employee Name
Ken Nishikawa
Current Classification
Deputy Director of PW / CE
Employee Number Department / Division Name & Code
01431 Public Works 4010
WORK SCHEDULE & WORK PERIOD
Work Schedule: FLSA Work Period: FLSA Work Period Beginning Day (Civilian):
❑ 9/80 ❑ 3/12.5 ❑ Sworn (28 days)
❑ 4/10 ❑ 5/8 ❑ Civilian (7 days) FLSA Work Period Beginning Time (Civilian):
Human Resources
Current Salary Step
$ 95.62 / hour F
Effective Date of Action
12/10/2024
Shift (9/80 only):
❑A ❑B
❑ Other
PROBATIONARY PERIOD (COMPLETE FOR PROBATIONARY EMPLOYEES ONLY)
Type: ❑ Original Length: ❑ 12 months Status: ❑ Beginning ❑ In Progress ❑ Passed
❑ Promotional ❑ 18 months ❑ Extend (specify):
❑ None (At -will) ❑ Other (specify):
PERSONNEL ACTION
® NEW HIRE
❑ PROMOTION /
❑ DEMOTION
❑ RECLASSIFICATION
❑ TRANSFER
❑ ACTING APPOINTMENT
❑ MERIT INCREASE
❑ OTHER COMPENSATION
Classification: Dep. Director of PW-Engineering Salary: $ 95.62 / hour Step: G
Status: ❑ Full-time ❑ Part-time Benefitted ❑ Part-time Non-benefitted (Hourly/At-will)
❑ Temporary (At -will) ❑ Other At -will (specify):
New Classification: Salary: $ / hour Step:
Status: ❑ Full-time ❑ Part-time Benefitted ❑ Part-time Non-benefitted (Hourly/At-will)
New Department/Division Name & Code (if applicable):
New Classification: Salary: $ / hour Step:
Status: ❑ Full-time ❑ Part-time Benefitted ❑ Part-time Non-benefitted (Hourly/At-will)
New Department/Division Name & Code (if applicable):
Acting Classification:
Action: ❑ Start ❑ Stop
New Salary: $ / hour Step: Next Review Date: / /
Action: ❑ Start Type: ❑ Bilingual ❑ Education Incentive ❑ Certification
❑ Stop ❑ Career Officer ❑ Special Assignment ❑ Training
❑ Uniform ❑ Shift Differential ❑ Auto Allowance
❑ Other (specify):
❑ EVALUATION ONLY Type: ❑ 6 mo. ❑ Annual ❑ 18 mo. ❑ PIP ❑ Other Next Review Date:
❑ WORK SCH/PER CHANGE ONLY Complete the above Work Schedule & Work Period section
❑ SEPARATION Type: ❑ Resignation ❑ Service retirement ❑ Failed probation Eligible for Rehire:
❑ Discharge ❑ Disability retirement ❑ Yes ❑ No
COMMENTS
Limited duration Retired Annuitant assignment pursuant to Government Code section 21224. See CAPERS Retired Annuitant Compliance
Checklist and City Council Agenda Report dated October 1, 2024.
SIGNATURES
Emgooe9 ed by:
Date
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Manager
Date
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Department Head
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Signed by:
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White Card: HRIS:
Verified:
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Docusign Envelope ID: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7
Human Resources
EMPLOYEE INFORMATION
Name Classification Department
Ken Nishikawa Deputy Director of PW—Engineering Public Works
Date of Appointment Estimated Length of Appointment
12/10/2024 Approximately 2 years
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT LAW (PERL)
Under California state law, an individual who is receiving CalPERS retirement benefits is generally prohibited from
working for a CaIPERS employer unless that individual reinstates to active CAPERS membership. However, an
individual may lawfully work for a CalPERS employer as a "retired annuitant" without reinstatement under certain
specified circumstances as specified in the PERL (see Government Code Sections 21221, 21224, 7522.56, and
586.2). Consequences of unlawful employment may include a) reimbursement to CaIPERS for any retirement
allowance received during the period of employment that is in violation of the law, b) retroactive payment to
CaIPERS for all member and employer contributions for the period of unlawful employment, plus interest, and c)
reimbursement to CAPERS for administrative expenses.
DEPARTMENT HEAD ACKNOWLEDGEMENT AND CERTIFICATION
With my signature below, 1 acknowledge that 1 am fully aware of CaIPERS' regulations on employment after
retirement and the consequences to the employee and the City of unlawful employment.
Check the box for each item that applies:
® The retiree has specialized skills needed to perform work of limited duration
❑ The retiree is needed during an emergency to prevent stoppage of public business
® The retiree's employment will not exceed 960 hours worked in a CalPERS fiscal year (July 1 - June 30)
® The retiree's rate of pay is not less than the minimum, nor more than the maximum, paid by the City to other
employees performing comparable duties, as listed on a publicly available pay schedule
® The retiree will not receive any other benefit, incentive, or compensation in addition to the hourly pay rate
Si a Date
� Gvissa 09/23/24
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RETIREE ACKNOWLEDGEMENT AND CERTIFICATION
With my signature below, 1 acknowledge that 1 am fully aware of CaIPERS' regulations on employment after
retirement and the consequences to the employee and the City of unlawful employment.
Check the box for each item that applies:
® I will not be working for any other CalPERS-covered employer during my appointment to this position
❑ I retired more than 180 days prior to my appointment to this position
® I am at or above the normal service retirement age (the highest formula age applicable to my retirement)
® I have not received unemployment benefits for work as a retired annuitant within 12 months of appointment
® I have specialized skills needed to perform work of limited duration
❑ I am needed during an emergency to prevent stoppage of public business
❑ I understand my employment will not exceed 960 hours worked in a CaIPERS fiscal year (July 1 - June 30)
® I acknowledge that my rate of pay is not less than the minimum, nor more than the maximum, paid by the
City to other employees performing comparable duties, as listed on a publicly available pay schedule
® I accept that I will not receive any other benefit, incentive, or compensation in addition to the hourly pay rate
® I am aware that my hours and wages will be reported to CalPERS via the myCalPERS system
ii mature Date
...Signed by:
09/23/24
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