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HomeMy WebLinkAbout2018-313Resolution No. 2018-313 RESOLUTION NO. 2018-313 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPOINTING RITA CONRAD AS INTERIM DIRECTOR OF FINANCE (U) UNDER GOVERNMENT CODE SECTION 21221(h) WHEREAS, Government Code Section 21221(h) permits the City Council to appoint a California Public Employees' Retirement System ("Ca1PERS") retiree to a vacant position requiring specialized skills during 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 of San Bernardino will have a vacancy for the position of Director of Finance (U); WHEREAS, Rita Conrad retired from the City of La Quinta in the position of Director of Finance on or about June of 2016; WHEREAS, Rita Conrad has specialized skills and knowledge required for the continued successful operation of the public business of the City of San Bernardino; WHEREAS, the City of San Bernardino is the process of actively recruiting a qualified permanent employee to serve as Director of Finance (U); WHEREAS, the City of San Bernardino would like to retain Rita Conrad's services as Director of Finance (U) to allow the City of San Bernardino sufficient time to obtain a qualified replacement; WHEREAS, Rita Conrad possesses necessary and specialized skills to perform the functions of Director of Finance (U) during recruitment, and to prevent stoppage of that vital public service; WHEREAS, the City Council of the City of San Bernardino hereby appoints Rita Conrad to the position of Interim Director of Finance (U) under Government Code section 21221(h), an appointment deemed to be for interim purposes and requiring specialized skills, effective January 1, 2019 and for a period not to exceed twelve (12) months or when the City hires a permanent replacement, whichever is earlier, and subject to a limit of 960 hours for all CalPERS employers in a fiscal year; WHEREAS, the appointment of Rita Conrad under Government Code section 21221(h) shall only be made once; WHEREAS, the compensation of Rita Conrad shall not be less than the minimum nor exceed the maximum published pay schedule for the vacant position of Director of Finance (U), Resolution No. 2018-313 divided by 173.333 to equal an hourly rate. Rita Conrad shall not receive any benefits, incentives, or compensation other than the hourly rate. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Rita Conrad is appointed Interim Director of Finance (U), effective January 1, 2019, based on the terms described in the "Retired Annuitant Employment Agreement" attached to this Resolution as Exhibit A. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5tb day of December 2018. a� R. Carey Das, Mayor City of SarVBernardino Attest: Georgeann Hadia, MMC, it Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2018-313 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2018-313 adopted at a regular meeting held at the 5`h day of December 2018 by the following vote: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS X X X x it ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 5t' day of December 2018. Georgeannanna, MM ity Clerk EXHIBIT A RETIRED ANNUITANT EMPLOYMENT AGREEMENT INTERIM DIRECTOR OF FINANCE (U) Between the City of San Bernardino and Rita Conrad THIS AGREEMENT is made and entered into this December 5, 2018, by and between the CITY OF SAN BERNARDINO, a Charter City ("City"), and Rita Conrad, an individual ("Conrad"). WHEREAS, the City has a critical need for a temporary employee to oversee and continue to manage the City's projects relating to the Finance Department and Conrad has the specialized .skill and knowledge necessary to maintain the continuity of the projects and operations underway such that her appointment is necessary to fill this critically needed assignment; and WHEREAS, under general direction of the City Manager, job functions shall include: daily oversight and direction of the Finance Department; help manage four (4) major divisions which make up the Department: Accounting, Budget, Purchasing and Business Registration; assist other City departments to navigate the fiscal tasks associated with performing their functions; and documenting various financial policies of the Finance Department. WHEREAS, the parties desire to enter into this Agreement to outline the terms and conditions of employment, and the duties and responsibilities of the parties. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. APPOINTMENT. Conrad is hereby appointed, and does hereby accept such appointment, to the position of Interim Director of Finance (U) of the City of San Bernardino effective January 1, 2019. The appointment under this Agreement incorporates all of the requirements under Government Code sections 21221(h) and 7522.56. 2. DUTIES. Conrad shall perform those duties and have those responsibilities that are commonly assigned to a Director of Finance (U) of a charter city in California, and as set forth in the job description for the Director of Finance (U) position. Conrad shall perform such other legally permissible and proper duties and functions consistent with the Director of Finance (U) position. [*XI1IkW1 3. TERM AND MAXIMUM HOURS. The term of this Agreement shall commence January 1, 2019, and shall continue until January 1, 2020 or upon appointment of a permanent employee to the vacant Director of Finance (U) position. As a California Public Employees' Retirement System ("CaIPERS") retired annuitant, Conrad may not work more than 960 hours for all CaIPERS employers combined in the fiscal year and is responsible for monitoring compliance with this work limit. The specific days and hours of work will be agreed upon by Conrad and the City Manager. The parties understand and agree that this appointment is made only during the time the City is recruiting to fill the Director of Finance (U) position on a permanent basis and that this Agreement will not be renewed or extended. 4. TERMINATION. Under the terms of this appointment, Conrad serves as an "at -will" temporary employee and may be terminated at any time, with or without cause, pursuant to the provisions of this Agreement. Nothing in this Agreement, the San Bernardino City Charter, any statute, ordinance, or rule shall be construed as creating any vested right in such appointment or in employment with the City. a. The City may terminate this Agreement without cause, or Conrad may voluntary resign her position, by providing the other party written notice of termination or resignation at least thirty (30) days prior to the effective date of such termination or resignation, unless the parties mutually agree to waive or alter the time required for such notice. b. The Agreement shall automatically terminate upon the occurrence of any of the following events: (i) mutual agreement of the parties; (ii) the death or incapacity of Conrad; (iii) the City hires a permanent Director of Finance(U); (iv) Conrad's work exceeds a combined total of 960 hours in a fiscal year (July 1 -June 30) for all CaIPERS employers; or (v) the City stops actively recruiting for a permanent replacement. 5. COMPENSATION. Conrad shall be compensated at a rate not to exceed the maximum, nor less than the minimum, monthly base salary paid to other employees performing comparable duties. Conrad's hourly rate is therefore set at $96.25. This hourly rate is consistent with the rate required under Government Code sections z 21221(h) and 7522.56. Conrad shall be paid bi-monthly at the same time as other City employees. 6. FRINGE BENEFITS. Conrad is not eligible to receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation other than the hourly pay rate. 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties. Any correspondence, letters, documents, or discussions leading up to this Agreement which deal with the terms contained herein are superseded by this Agreement. 8. ACKNOWLEDGEMENT OF POST-RETIREMENT EMPLOYMENT OBLIGATIONS AND LIMITATIONS. By accepting this employment and signing below, Conrad attests that: (1) she retired (or will retire) from a CalPERS agency more than 180 days prior to her employment with the City; and (2) she has not received unemployment insurance benefits in the last 12 months arising out of any other post- retirement employment with a CalPERS agency. By accepting this employment, Conrad acknowledges that the law strictly limits the employment of a CalPERS retired annuitant by a CalPERS employer. Such employment is governed by Government Code sections 7522.56, 21221 and 21224, among other laws and regulations. A violation of these laws may result in Conrad's retroactive reinstatement to active membership from the first date of unlawful employment, a repayment to CalPERS of her retirement allowances received during the unlawful employment, retroactive member contributions, and administrative fees. Before entering into employment with the City, Conrad is advised to consult with her own legal counsel and/or CalPERS to ensure her employment will be in compliance with the law. The City does not make any guarantees, warranties or promises, express or implied, on the impact, if any, this Agreement may have on Conrad's CalPERS retirement benefits, status, duties, or obligations. Conrad acknowledges that in entering into this Agreement, she has not relied upon any representations by the City regarding the impact of this Agreement on her retirement benefits. 3 EXHIBIT A In order to understand the circumstances, restrictions and consequences of non- compliance with the laws governing retired annuitant positions, Conrad may review the CalPERS publication entitled "A Guide to CalPERS Employment After Retirement' available on the CalPERS website: http:/twww.calpers.ca.gov. Conrad may also review the Public Employees' Retirement Law (Government Code section 20000 et seq.), the Public Employees' Pension Reform Act of 2013 (Government Code section 7522, et seq.) and other applicable law. If Conrad requires further clarification, she may contact CalPERS and other applicable sources. 9. HOLD HARMLESS AGREEMENT. By signing below, Conrad waives, releases and holds harmless the City, its City Council, employees, officers, elected officials, agents, attorneys or representatives ("Releasees") against any claim, complaint, cause of action, lawsuit, grievance, or damages arising out of any adverse consequences, fines, restitution, or damages assessed against Conrad by CalPERS, a court of competent jurisdiction, or other regulatory or administrative agency because of her post-retirement employment with the City. Conrad acknowledges that the City has not induced her to believe that her employment is legally compliant with the law. Each party to this Agreement expressly acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or any person acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, representation or promise not contained in this Agreement shall be of any force or effect. 10. SEVERABILITY. If any part of this Agreement is in conflict or inconsistent with the applicable provisions of federal, state, or city statutes, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Agreement shall not be affected thereby. 11. AMENDMENT. This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. The City reserves the right to modify or terminate this Agreement to comply with necessary changes to the applicable law or CalPERS requirements for employing retired annuitants. 4 EXHIBIT A 12. NEGOTIATED AGREEMENT. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. 13. NOTICES. Any notices to be given under this Agreement by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the parties as set forth below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing: CITY: City of San Bernardino Attention: City Manager 290 North D Street San Bernardino, CA 92401 CONRAD: Rita Conrad 37285 View Drive Yucaipa, Ca 92399 14. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of California in full force and effect as of the date of execution. 15. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to the other party that it has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain it. 5 4 L(� r,,,, Rita Conrad Andrea M. Miller City Manager 8703604.1 SA030-001 / Date 11 -2� -� Date EXHIBIT A r r Andrea M. Miller City Manager 8703604.1 SA030-001 / Date 11 -2� -� Date EXHIBIT A