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 Karen J. Moffitt for a limited duration to work in the Law Department (Office of the City Attorney). (Citywide)
DISCUSSION
On January 1, 2013, the Public Employees’ Pension Reform Act added Section 7522.56 and 21224 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 Law Department requests City Council approval to hire Karen J. Moffitt, recently retired Executive Assistant, as a Retired Annuitant-Specialized Support - Non-Career, effective December 8, 2021, for a limited duration, to support the critical and time-sensitive Long Beach Recovery Act (LBRA) and related projects. The City of Long Beach is the recipient of $249 million through the LBRA which will fund various economic, public health, and fiscal initiatives critically impacted by the COVID-19 pandemic. Additionally, Ms. Moffitt will assist the Law Department with several pending litigation matters in Superior Court including time critical CEQA litigation, employment Writ of Mandate cases and appeals, and provide guidance to legal assistants and litigation support to attorneys.
Ms. Moffitt is qualified to assist on these projects and has acquired the relevant experience and specialized skills from her employment with the City of Long Beach (City) as an Executive Assistant for the last eight years. She has over 30 years of service with the City working solely in the Law Department. As a result of her expertise and skills, Ms. Moffitt has been an essential and integral employee and manager.
Since Ms. Moffitt’s proposed start date is less than the required 180-day waiting period subsequent to her retirement on December 4, 2021, City Council approval to hire Ms. Moffitt is required. The approved rate of pay will be $52.669 per hour. This amount represents the hourly rate that is within the minimum and maximum compensation paid to other employees performing comparable duties as listed in the City’s publicly available pay schedule and will be funded by the Law Department and funding received from the American Rescue Plan Act (ARPA), one of the LBRA funding sources.
This matter was reviewed by Principal Deputy City Attorney Gary J. Anderson on November 9, 2021 and by Revenue Management Officer Geraldine Alejo on November 15, 2021.
TIMING CONSIDERATIONS
City Council action is requested on December 7, 2021, to ensure ongoing support to the LBRA project and assistance to the Law Department.
FISCAL IMPACT
The total annual cost for this position is estimated not exceed $54,430. The estimated cost is based on 960 hours over the CalPERS fiscal year ending June 30th, at a salary rate of $52.669 per hour plus Medicare and FICA. The cost is covered by $10,579 budgeted in the Insurance Fund Group in the Law Department and $43,851 from the City Council approved LBRA. The actual cost will be based on hours worked and not expected to exceed 960 hours over the CalPERS fiscal year. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
JOE AMBROSINI
HUMAN RESOURCES DIRECTOR
APPROVED:
THOMAS B. MODICA
CITY MANAGER