CITY COUNCIL REGULAR MEETING AGENDA PACKET

Page 2 of 3 hire, and there must be documentation that the governing body made the appointment in the form of a resolution. DISCUSSION Retired annuitants are retirees who return to work with a California Public Employees’ Retirement System (CalPERS) employer in a designated retired annuitant position. Government Code (GC) Sections 7522.56 and 21224 permit extra help retired annuitants under CalPERS to be employed upon appointment by a public agency to fill a critically needed position on an interim basis before 180 days have passed. Basic requirements include: • Annuitants can be hired only as an interim or acting appointment during the recruitment period; retirees cannot work permanently or indefinitely. • The salary must be no more than an hourly pay rate that falls within the regular salary schedule for that position. (A retired annuitant is not entitled to any benefits, vacation, or holidays.). • A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30), including non-paid / volunteer hours. • Annuitants must wait 180 days after their retirement date before returning to work. Per GC 21224, “a retired person may serve without reinstatement from retirement or loss or interruption of benefits upon appointment by the appointing power of a public agency employer to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of limited duration.” A resolution is required to authorize this interim appointment of a retired annuitant status and for the waiver of the 180-day waiting period. This same State law places strict limits on Chief Testa’s compensation (it can be no higher than the previous pay in the position), sets 960 as the maximum total hours that can be worked in a fiscal year, and does not allow for vacation leave or other benefits. The agreement provides that Chief Testa will fulfill the duties of a fire chief as required by State law, attend night and community meetings, and, therefore, schedule office hours more flexibly. The agreement includes other typical terms: the City can terminate early, and Chief Testa cannot have conflicts of interest. The City confirms that the temporary appointment of the retired annuitant Joseph Testa as Interim Fire Chief for the Livermore-Pleasanton Fire Department complies with Government Code Sections 7522.56 and 21224. EQUITY AND SUSTAINABILITY It is not applicable, as this item is an administrative matter for City business. OUTREACH No outreach was conducted, as this item is an administrative matter of City business. STRATEGIC PLAN ALIGNMENT This action is aligned with the ONE Pleasanton strategic plan goal of Safeguarding Our City by Page 83 of 126