HomeMy WebLinkAboutItem 4b - Authorization to Hire CAPERS Retired Annuitant to Serve as Interim Fire Chief Item 4b
Department: Fire
Cost Center: 8501
For Agenda of: 12/15/2025
Placement: Business
Estimated Time: 10 min
FROM: Whitney McDonald, City Manager
Prepared By: Nickole Domini, Human Resources Director
SUBJECT: AUTHORIZATION TO HIRE A CALPERS RETIRED ANNUITANT TO
SERVE AS FIRE CHIEF ON AN INTERIM BASIS PURSUANT TO
GOVERNMENT CODE SECTIONS 7522.56 AND 21221(H)
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, Authorizing the City Manager to Appoint Randall Harris, who will be a
CalPERS Retired Annuitant at the Time of Appointment, to Serve as Interim Fire Chief
During the National Search for a Permanent Fire Chief Pursuant to Government Code
Section 7522.56 and 21221(h)
POLICY CONTEXT
When employing a retired annuitant in an interim capacity, the City must ensure
compliance with the Public Employees’ Retirement Law (PERL), the Public Employees’
Pension Reform Act of 2013 (PEPRA), and Government Code section 7522.56, which
generally requires a 180-day separation period following retirement before a retiree may
return to work for a CalPERS agency. Because the proposed retiree will not have satisfied
the 180-day requirement at the time of appointment, the City Council must adopt a
certification resolution to authorize an exception, confirming that the appointment is
necessary to meet a critical need and that the retiree has not received and will not accept
any retirement-related incentive. In addition, Government Code section 21221(h),
requires that the retiree be appointed to an interim role during recruitment for a permanent
position.
DISCUSSION
The City’s current Fire Chief has resigned effective January 4, 2026, creating an
immediate vacancy in an executive-level leadership position essential to the safe and
effective operation of the Fire Department. To ensure continuity of command and maintain
operational readiness during the national recruitment for a permanent Fire Chief, the City
Manager has identified Randall Harris to serve as Interim Fire Chief. Harris is retiring from
the position of Deputy Fire Chief in Paso Robles, California, effective December 20, 2025,
and possesses extensive executive command experience, technical expertise, and
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Item 4b
knowledge of San Luis Obispo County’s fire service operations, enabling a seamless
transition into the interim role.
Given the critical responsibilities of the Fire Chief, including executive leadership,
strategic planning, labor-management relations, emergency incident management, and
maintaining organizational stability, and vacancies in other management positions within
the Department, internal staff are focused on day-to-day operations and cannot assume
the interim role. While the City’s long-term goal is to reduce reliance on retired annuitants,
appointing Harris as an external retired annuitant ensures immediate stability and
continuity for the Fire Department during the recruitment process for a permanent Chief.
Under California Government Code sections 7522.56 and 21221(h), the City Council must
certify this appointment because Harris will not have satisfied the 180-day post-retirement
waiting period at the time of appointment. The appointment is designated as an “interim
appointment” retired annuitant assignment, effective January 5, 2026, and will conclude
upon the commencement of employment of a permanent Fire Chief. Harris will be paid
$120.20 per hour, within the City’s Fire Chief salary range, with no additional benefits,
incentives, or retirement-related compensation. Harris has confirmed that he will not
receive any retirement-related incentives, including a Golden Handshake from Paso
Robles, and the assignment is limited to 960 hours in a fiscal year, in compliance with
CalPERS requirements. In addition, the City will meet the requirements of Government
Code section 21221(h) by conducting a national recruitment for Fire Chief during the
interim appointment, including selection of a recruitment firm in December 2025 and
opening the official recruitment process no later than February 2026.
CONCURRENCE
The Human Resources Department has reviewed this item and concurs, ensuring full
compliance with all CalPERS requirements.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recomm ended action in
this report because the action does not constitute a “project” under CEQA Guidelines
15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-26
Funding Identified: Yes
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Item 4b
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $174,869.37 $125,005.60 $49,863.77 $0
State
Federal
Fees
Other:
Total $174,869.37 $125,005.60 $49,863.77 $0
The interim appointment will be funded through salary savings from the vacant Fire Chief
position. Based on a standard 40-hour work week, the Interim Fire Chief’s monthly
compensation will be $20,834.27. Because Harris is a CalPERS retiree, he is only eligible
to receive the hourly rate listed on the salary schedule and will not receive any additional
salary or benefits. The monthly amount budgeted for this position (including salary and
benefits) is $29,144.90, which reflects the savings the department will realize from the
interim appointment. The appointment is anticipated to conclude by June 30, 2026, or
upon the start of a permanent Fire Chief, whichever occurs first. The table above assumes
the interim appointment will be needed for six months (i.e., through the remainder of FY
2025-26). For this reason, no annual ongoing cost is listed.
ALTERNATIVES
Do not adopt the resolution authorizing employment of a CalPERS retired annuitant
to serve as the Interim Fire Chief. Council could decide not to adopt the attached
resolution, which would prohibit the City Manager from hiring Harris to serve as the Interim
Fire Chief. The City Manager would then need to identify an alternative candidate to serve
in the role. Depending on the qualifications and circumstances of any replacement, a
subsequent resolution from the Council may still be required. This scenario could result
in a gap in executive leadership, potentially delaying decisio n-making and continuity of
operations within the Fire Department during a critical transition period.
ATTACHMENTS
A - Draft Resolution appointing Harris to serve as Interim Fire Chief
B - Exhibit A to Draft Resolution – Conditional Job Offer
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R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
APPOINT RANDALL HARRIS, WHO WILL BE A CALPERS RETIRED
ANNUITANT AT THE TIME OF APPOINTMENT, TO SERVE AS INTERIM
FIRE CHIEF DURING THE NATIONAL SEARCH FOR A PERMANENT
FIRE CHIEF PURSUANT TO GOVERNMENT CODE SECTION 7522.56
and 21221(h)
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the
Public Employees’ Retirement Law, the City Council must provide CalPERS this
certification resolution when hiring a retiree before 180 days has passed since their
retirement date; and
WHEREAS, Randall Harris (“HARRIS”) is retiring from the City of El Paso De
Robles on December 20, 2025, in the position of Deputy Fire Chief; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment
commence no earlier than 180 days after the retirement date, which i s June 19, 2026
(date of 181st day after retirement), without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180 -
day wait period shall not apply if the retiree accepts any retirement -related incentive; and
WHEREAS, the City Council, the City of San Luis Obispo, and HARRIS certify that
HARRIS has not and will not receive a Golden Handshake or any other retirement-related
incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the
retiree is appointed into the interim appointment during recruitment for a permanent
appointment; and
WHEREAS, the City Manager has the authority and responsibility to conduct the
recruitment for a permanent Fire Chief, as there is no formal process for the City Council
to initiate it; the City Manager is engaging a professional executive recruiter and will
ensure the recruitment is posted no later than the end of February 2026; and
WHEREAS, the City Council hereby appoints HARRIS as an interim appointment
retired annuitant to the vacant position of Fire Chief for the City of San Luis Obispo under
Gov. Code section 21221(h), effective January 5, 2026; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made
once and shall end once the City hires a permanent Fire Chief and they start work; and
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Resolution No. _____ (2025 Series) Page 2
R ______
WHEREAS, the entire conditional job offer between HARRIS and the City of San
Luis Obispo has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment
and appointment have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all
CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum
nor exceed the maximum monthly base salary paid to other employees performing
comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $21,690.50 per month
and the hourly equivalent is $125.14, and the minimum base salary for this position is
$17,350.67 per month and the hourly equivalent is $100.10; and
WHEREAS, the hourly rate paid to HARRIS will be $120.20; and
WHEREAS, HARRIS has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly
pay rate; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby certifies the nature of employment of
HARRIS, as described herein and detailed in the attached conditional job offer, and finds
that this appointment is necessary to fill the critically needed position of Fire Chief for the
City of San Luis Obispo effective January 5, 2026 to ensure continuity of command within
the City of San Luis Obispo Fire Department while the City conducts a national
recruitment for a permanent Fire Chief.
SECTION 2. The City Council determines that each of the findings set forth above
is true and correct, and by this reference incorporates those findings as an integral part
of this Resolution.
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Resolution No. _____ (2025 Series) Page 3
R ______
SECTION 3. The City Council authorizes approval of this Resolution.
SECTION 4. This Resolution shall become effective immediately following
passage and adoption thereof.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 15th day of December 2025.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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City of San Luis O bispo, Title, Subti tle
Conditional Employment Offer Letter
November 26, 2025
Dear Randy,
I am pleased to extend a conditional offer of employment to serve as Interim Fire Chief (retired
annuitant) with the City of San Luis Obispo Fire Department. This appointment is necessary to
fill the critically needed position of Fire Chief to ensure continuity of command within the City
of San Luis Obispo Fire Department while the City conducts a national search for a permanent
Fire Chief.
This offer is contingent upon the City Council adopting a resolution to meet CalPERS
requirements, tentatively scheduled for December 15, 2025 (draft resolution attached),
CalPERS approving your interim appointment as a retired annuitant , and your successful
completion of a California Department of Justice Live Scan criminal background check.
If the above conditions are satisfied, the following terms and conditions will be presented to you
in a formal offer letter.
1. Your start date will be January 5, 2026, and shall end once the City hires a permanent
Fire Chief which is estimated to take six months. In no case shall you exceed working
960 hours in a fiscal year.
2. Your hourly salary will be $ 120.20 or $9,616 biweekly based on a 40-hour work week.
3. You will be eligible to work a 9/80 schedule.
4. As a CalPERS Retired Annuitant, you are not eligible to receive any other benefit,
incentive, compensation in lieu of benefit or other form of compensation in addition to
the hourly pay rate.
5. Your scope of work includes the duties outlined in the Fire Chief job description.
Let me again express my appreciation for your willingness to step into the role of Interim Fire
Chief. Your leadership will be essential in maintaining operational stability and supporting the
Fire Department during this period of transition, and I am excited to work together during this
time.
Sincerely,
________________________________ _________________________
Whitney McDonald Date
Docusign Envelope ID: C5C3D9A1-731A-422D-83EC-699BC3349F6A
11/26/2025 | 6:19 PM PST
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City of San Luis O bispo, Title, Subti tle
Conditional Employment Offer Letter
I have reviewed the above conditional offer of employment and accept the terms and conditions:
__________________________ _________________
Randy Harris Date
Attachment: Draft Council Resolution
Fire Chief job description
cc: Personnel File
Docusign Envelope ID: C5C3D9A1-731A-422D-83EC-699BC3349F6A
11/27/2025 | 7:23 PM PST
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