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 Michael Davis for a limited duration to work in the Energy Resources Department. (Citywide)
DISCUSSION
On January 1, 2013, the Public Employees’ Pension Reform Act added Sections 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 Energy Resources Department (Energy Resources) requests City Council approval to hire Michael Davis, recently retired General Maintenance Supervisor II in Energy Resources, as a Retired Annuitant - Specialized Support - Non-Career, effective December 8, 2021, for a limited duration, to provide critical oversight of the Long Beach Energy Resources Facility (Facility) operations, technical oversight of the Advanced Metering Infrastructure (AMI) system, and construction oversight of the Facility solar installation project. Mr. Davis has over 30 years with the City of Long Beach and has the work experience, specialized knowledge, and technical expertise in resolving many ongoing issues with the aging Facility and its related infrastructure, in overseeing the ongoing maintenance of the Gas and Water utilities AMI system, and in providing technical oversight of the Department’s solar installation project. Upon his retirement, there will be no permanent full-time facility staff member, aside from Custodians, employed at Long Beach Energy Resources as the other Facility staff position, an Electrician, will be vacant due to a City transfer. Energy Resources will look to fill both the Electrician position and a full-time replacement for supervision of facilities maintenance in an expeditious manner. By retaining Mr. Davis’ expertise and oversight as a retired annuitant, Energy Resources will help ensure the retention of historical knowledge of these unique Facility operations and ensure a smooth transition to new on-coming facilities maintenance staff.
Since Mr. Davis’s proposed start date is less than the required 180-day waiting period subsequent to his retirement on December 2, 2021, City Council approval to hire Mr. Davis is required. The approved rate of pay will be $37.302 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 of Long Beach’s publicly available pay schedule and will be funded by Energy Resources.
This matter was reviewed by Principal Deputy City Attorney Gary J. Anderson and Revenue Management Officer Geraldine Alejo on November 9, 2021.
TIMING CONSIDERATIONS
City Council action is requested on December 7, 2021, to ensure minimal impact to the facilities maintenance operations in Energy Resources.
FISCAL IMPACT
The total annual cost for this position is estimated to not exceed $38,549. The estimated cost is based on 960 hours over the CalPERS fiscal year ending June 30th, at a salary rate of $37.302 per hour plus Medicare and FICA. The cost is budgeted in the Gas Fund Group in the Energy Resources Department. 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
[Enter Body Here]
Respectfully Submitted,
JOE AMBROSINI
HUMAN RESOURCES DIRECTOR
APPROVED:
THOMAS B. MODICA
CITY MANAGER