TITLE
Recommendation to adopt resolution approving an exception to the 180-day waiting period for Public Agencies pursuant to Government Code 7522.56 and 21224 to hire Kenneth A. Walker for a limited duration to work in the Human Resources Department. (Citywide)
DISCUSSION
On January 1, 2013, the Public Employees’ Pension Reform Act added Sections 7522.56 and 7522.57 to the Government Code, which set forth post-retirement employment requirements applicable to all retirees who are employed by CalPERS employers on or after January 1, 2013. This change added the requirement that all retirees must wait 180 days after their retirement date before they are eligible to begin post-retirement employment with a CalPERS agency. An exception to the 180-day wait period can be made if a public agency certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed. The appointment must be approved by the governing body of the employer in a public meeting and may not be placed on a consent calendar.
The Human Resources Department requests City Council approval to hire Kenneth A. Walker, current Manager of Labor Relations, effective October 2, 2017, for a limited duration, to oversee several critical pending labor relations projects, including the representation at several pending Public Employment Relations Board cases, negotiating four outstanding labor contracts, reviewing Local Rules, and coordinating the Meet and Confer obligations for the FY 18 Budget. Since Mr. Walker’s proposed start date is less than the required 180-day waiting period subsequent to his retirement, City Council approval to hire Mr. Walker is required. The approved rate of pay for the limited duration is $61.577 per hour. This amount represents the compensation paid to other employees performing comparable duties and will be funded with salary savings from the Manager of Labor Relations vacancy.
Mr. Walker is qualified to oversee these projects and has acquired the relevant experience and specialized skills from his employment with the City as the Manager of Labor Relations. He has over 29 years of service with the City working in several different Departments. As a result of his expertise, he has successfully overseen the negotiation process for several labor contracts.
This matter was reviewed by Principal Deputy Attorney Gary J. Anderson on August 15, 2017 and by Revenue Management Officer Geraldine Alejo on August 17, 2017.
TIMING CONSIDERATIONS
City Council action is requested on September 5, 2017, to ensure the City is able to progress with labor negotiations and meet legal obligations in a timely manner.
FISCAL IMPACT
Funding is currently appropriated in the Employees Benefits Fund (IS 391) in the Human Resources Department (HR). There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
ALEJANDRINA BASQUEZ, DIRECTOR
DEPARTMENT OF HUMAN RESOURCES
APPROVED:
PATRICK H. WEST
CITY MANAGER