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 Cynthia Andrews-Tate for a limited duration to work in the Long Beach Water Department. (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 Long Beach Water Department requests City Council approval to hire Cynthia Andrews-Tate, recently retired Manager of Water Quality, effective February 26, 2021, as a Retired Annuitant - Management Support effective March 27, 2021, for a limited duration, to provide technical oversight of operations of the Water Quality Division’s State-certified laboratory. Ms. Andrews-Tate has over 25 years with the City, and she has been managing the Water Department’s Water Quality Division for over 20 years. She has the educational background and technical expertise to oversee the Water Quality Division’s daily operation to ensure the implementation of water quality monitoring programs for compliance with federal and state regulatory requirements and public health protection. As a retired annuitant, Ms. Andrews-Tate will assist with the technical oversight of the division’s operation before the new division manager is in place and during their transition on an as-needed basis. Ms. Andrews-Tate will also provide technical expertise to assist the division’s implementation of the NELAC Institute (TNI) standard to comply with the newly adopted Environmental Laboratory Accreditation Program (ELAP) regulations. Bringing Ms. Andrews-Tate back on a temporary basis will help ensure the Water Quality Laboratory maintains its certification and complies with regulatory monitoring requirements and public health protection during the selection process of a new Laboratory Services Officer.
Since Ms. Andrews-Tate’s proposed start date is less than the required 180-day waiting period subsequent to her retirement on February 26, 2021, City Council approval to hire Ms. Andrews-Tate is required. The approved rate of pay for the limited duration is $65.953 per hour. This amount represents the compensation she received upon retirement and is consistent with the compensation of other employees performing comparable duties and will be funded by the Water Department.
This matter was reviewed by Principal Deputy City Attorney Gary J. Anderson on February 24, 2021 and by Revenue Management Officer Geraldine Alejo on March 1, 2021.
TIMING CONSIDERATIONS
City Council action is requested on March 23, 2021, to ensure minimal impact to the Water Department’s laboratory operations.
FISCAL IMPACT
The total annual cost is estimated at $68,158. The cost is based on 960 hours over the CalPERS fiscal year ending June 30th, at a salary rate of $65.953 per hour plus Medicare and FICA. During FY 21, the actual cost will be based on hours worked covering the period from February 2021 to September 2021. These costs will be funded by the Water Fund Group in the Water Department, offset by salary savings from a vacant Laboratory Services Officer. 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
[Enter Body Here]
Respectfully Submitted,
FRED VERDUGO
ACTING HUMAN RESOURCES DIRECTOR
APPROVED:
THOMAS B. MODICA
CITY MANAGER