HomeMy WebLinkAboutAgenda Item #5 - San Bernardino - Clean - Resolution Appointing Interim City Manager-c1Resolution No. 2023-019
Resolution No. 2023-019
January 18, 2023
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RESOLUTION NO. 2023-019
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPOINTING CHARLES MCNEELYAS INTERIM CITY
MANAGER AND APPROVING EMPLOYMENT
AGREEMENT
WHEREAS, Government Code Section 21221(h) permits the Mayor and City Council to
appoint a California Public Employees’ Retirement System (“CalPERS”) 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 position of City Manager became vacant on January 17, 2023; and
WHEREAS, to ensure the efficient continued operation of the City, the Mayor and City
Council desire to retain the services of Charles McNeely, a retired member of CalPERS, to serve
as Interim City Manager, effective January 19, 2023; and
WHEREAS, Charles McNeely has over 25 years of experience in municipal government
and management; and
WHEREAS, pending the recruitment, selection and employment of a City Manager, the
City desires to appoint Charles McNeely as Interim City Manager, pursuant to the authority
provided under Government Code Section 21221(h), to provide the leadership, managerial and
organization skills necessary to manage the City effectively and efficiently; and
WHEREAS, it is understood by Charles McNeely and the City that the combined total
hours to be served in any fiscal year for all CalPERS employers shall not exceed the 960 hour
limitation set forth in California Government Code Section 21221(h); and
WHEREAS, the Mayor and City Council has reviewed a proposed employment agreement
by and between Charles McNeely and the City of San Bernardino.
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. As required by Government Code Section 21221(h), the Mayor and City
Council make the following findings:
(A) All facts set forth in the Recitals to this Resolution are true and correct.
Resolution No. 2023-019
Resolution No. 2023-019
January 18, 2023
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(B) Charles McNeely has the specialized skills needed to perform the work required of
the Interim City Manager until a permanent City Manager is appointed and thereafter begins his
or her service.
(C) It is in the best interests of the City of San Bernardino to enter into an employment
agreement with and to appoint Charles McNeely as Interim City Manager for the City of San
Bernardino pursuant to the authority provided under Government Code Section 21221(h).
SECTION 3. Charles McNeely is hereby appointed as Interim City Manager of the City
of San Bernardino in accordance with Government Code Section 21221(h) and with the provisions
of the employment agreement on file with the City Clerk.
SECTION 4. The employment agreement with Charles McNeely, a copy of which is on
file with the City Clerk, is hereby approved by the Mayor and City Council of the City of San
Bernardino, and effective January 18, 2023 with a start date of January 19, 2023. The Mayor is
authorized to execute said agreement on behalf of the City of San Bernardino, with such non-
substantive, technical amendments as may be deemed appropriate by the City Attorney.
SECTION 5. The Mayor and 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 6. 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 7. 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 ___ day of __________ 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Resolution No. 2023-019
Resolution No. 2023-019
January 18, 2023
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Sonia Carvalho, City Attorney
Resolution No. 2023-019
Resolution No. 2023-019
January 18, 2023
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2023-___, adopted at a regular meeting held on the ___ day of _______ 2023 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
Mayor: AYES NAYS ABSTAIN ABSENT
TRAN _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2023.
Genoveva Rocha, CMC, City Clerk