HomeMy WebLinkAboutCC RES 24-81Docusign Envelope ID: BF68041B-05F8-41EC-A88F-E857CF256E12
RESOLUTION NO. 24-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE APPOINTMENT OF STUART A. GREENBERG
AS INTERIM POLICE CHIEF AS A RETIRED ANNUITANT PURSUANT TO
GOVERNMENT CODE SECTION 21221(H)
WHEREAS, Government Code section 21221(h) of the Public Employees'
Retirement Law permits a governing body to appoint a CalPERS retiree to a vacant
position requiring specialized skills during the recruitment for a permanent appointment,
and provides that such appointment will not subject the retired person to reinstatement
from retirement or loss of benefits so long as it is a single appointment that does not
exceed 960 hours in a fiscal year; and
WHEREAS, the City Council desires to expressly authorize the City Manager to
appoint Stuart A. Greenberg as an interim appointment retired annuitant to the vacant
position of Police Chief for the City of Tustin pursuant to Government Code section
21221(h), effective December 28, 2024; and
WHEREAS, the City Council, the City of Tustin, and Stuart A. Greenberg certify
that Stuart A. Greenberg has not and will not receive a Golden Handshake or any other
retirement -related incentive; and
WHEREAS, an appointment under Government Code section 21221(h) requires
the retiree is appointed to the interim appointment during a recruitment for a permanent
appointment; and
WHEREAS, the City of Tustin has retained an executive recruiter to conduct a
recruitment for a permanent Police Chief that will open prior to December 28, 2024; and
WHEREAS, this Government Code section 21221(h) appointment shall only be
made once and therefore will end no later than the day prior to the start date of the new
permanent Police Chief, which is anticipated to be in early 2025, after the conclusion of
the recruitment process, or June 30, 2025, whichever occurs earlier; and
WHEREAS, the appointment documents between Stuart A. Greenberg and the
City of Tustin have been reviewed by this body and are attached herein; 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 minimum base salary for this position is currently $101.47 per hour
and the maximum base salary for this position is currently $136.60 per hour; and
Resolution 24-81
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WHEREAS, the hourly rate paid to Stuart A. Greenberg will be $136.60 per hour;
and
WHEREAS, Stuart A. Greenberg 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 Stuart A. Greenberg as described herein and detailed in
the attached appointment documents and that this appointment is necessary to fill the
critically needed position of Police Chief for the City of Tustin effective December 28,
2024 because the City of Tustin needs a Police Chief to perform the functions and duties
as the department head of the municipal police department, which includes planning,
directing, and coordinating activities of the Police Department and implementing policies
and establishing procedures related to crime prevention, law enforcement, and related
community services.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 19t" day of November 2024.
Signed by:
AU §nNDLTJq' ffARD,
Mayor
ATTEST:
DS
Signed by: roe
Ca U&SyJA
ER DNPYASUDA,
City Clerk
APPROVED AS TO FORM:
�DocuSigned by:
�.':d�k'd'
DA"D1ff3-KEKDIG,
City Attorney
Resolution 24-81
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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. 24-81 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 19t" day of
November 2024, by the following vote:
COUNCILMEMBER AYES: Lumbard, Gallagher, Clark, Gomez, Schnell (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
Signed by:
`t'�V'i(a aSu�a DS
ER MOYAS JDA,
City Clerk
(0)
(0)
Resolution 24-81
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