CITY COUNCIL REGULAR MEETING AGENDA PACKET

Page 1 of 3 Item #11 CITY COUNCIL AGENDA REPORT December 3, 2024 Human Resources TITLE: ADOPT A RESOLUTION CERTIFYING AN EXCEPTION TO THE 180-DAY WAITING PERIOD TO APPOINT RETIRED ANNUITANT JOSEPH TESTA TO SERVE AS INTERIM FIRE CHIEF PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 SUMMARY The City has a critical need to appoint Joseph Testa, a retired annuitant, to the position of Interim Fire Chief as of December 10, 2024, for lead direction on several key projects, including contract negotiations and the Community Risk Assessment, and continuity of operations following his retirement. This appointment is for a limited duration. RECOMMENDATION Adopt a resolution waiving the 180-day waiting period to appoint retired annuitant Joseph Testa to serve as Interim Fire Chief during the recruitment and selection process for the permanent appointment of the City’s next Fire Chief. This limited-duration assignment is recommended to be effective December 10, 2024, pursuant to Government Code Sections 7522.56 and 21224, at an hourly rate of $137.03, consistent with the salary schedule for the fire chief. The Interim Fire Chief will serve through the recruitment process and appointment of a permanent fire chief, which is anticipated to be completed no later than August 31, 2025. BACKGROUND Fire Chief Joseph Testa has announced his retirement effective December 9, 2024. The City will be conducting a comprehensive recruitment process with an executive search firm for a permanent successor. During the recruitment process, appointing an interim fire chief is crucial, as the position is critical to maintaining adequate staffing for emergency response, negotiation of EMS and other public safety services, and emergency preparedness. The City Manager serves as a Co-Executive Director with the City of Livermore's City Manager to the Livermore-Pleasanton Fire Department Joint Powers Authority. While the City of Pleasanton is responsible for human resources and personnel management for LPFD, the Pleasanton City Manager is appointing Joseph Testa as Interim Fire Chief effective December 10, 2024, in consultation with Livermore's City Manager. Chief Testa has the experience and unique skills to serve the City’s needs in the interim by providing organizational stability and leadership to ensure a smooth transition to the permanently appointed fire chief. While the City Manager appoints all employees (see Municipal Code §2.08.100), this Interim Fire Chief agreement is presented to the City Council because of a requirement in State law. Chief Testa, a recent retiree from the Livermore-Pleasanton Fire Department, is required to have his interim appointment approved by the City Council (see Cal. Govt. Code §21221(h)). The governing body of a public agency can appoint a retiree to work in a vacant position during recruitment to fill the vacancy permanently or during an emergency to prevent the stoppage of public business. The governing body’s appointment should explain the need for the retiree’s Page 82 of 126