HomeMy WebLinkAbout03/15/2011, C5 - REQUEST TO CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) TO EXTEND EMPLOYMENT OF INTERIM March 15,2011
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CITY OF SAN LUIS OBISPO
FROM: Monica Irons, Human Resources Director
Prepared By: Greg Zocher, Risk and Benefits Manager
SUBJECT: REQUEST TO CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM (CAPERS) TO EXTEND EMPLOYMENT
OF INTERIM FINANCE & IT DIRECTOR
RECOMMENDATION
Adopt a resolution requesting CaIPERS extend temporary employment beyond the 960-
hour limitation for Interim Finance and Information Technology (IT) Director Mary
Bradley.
DISCUSSION
In 2010 the City of San Luis Obispo conducted a recruitment for Finance and IT
Director; however, the recruitment was not successful. Therefore an agreement was
reached with Mary Bradley, who had recently retired from the City of Sunnyvale, to
become the Interim Finance and IT Director. She has extensive experience and was
willing to lead the City through the two year financial planning process. She began
working on a part time basis on July 22, 2010, and has been involved in major City
projects such as the Five Year Fiscal Forecast, coordination of information for the Fiscal
Sustainability Task Force, and coordination of the City's 2011-13 Financial Plan.
As a CaIPERS retiree, under normal circumstances Interim Finance and IT Director
Bradley cannot be employed by another CaIPERS contracting agency for more than 960-
hours per fiscal year. If this were to occur without approval from CaIPERS, penalties
occur to both employer and employee. It is anticipated, due to the increased workload of
this budget period, that Interim Finance and IT Director Bradley will surpass this limit in
fiscal year 2010-11.
California Government Code Section 21221(h) states, "When an appointment is expected
to, or will, exceed 960 hours in any fiscal year, the governing body shall request approval
from the (CaIPERS) board to extend the temporary employment. The governing body
shall present a resolution to the board requesting action to allow or disallow the
employment extension." Therefore, staff is requesting City Council pass the attached
Resolution requesting CaIPERS to waive the 960-hour rule for Interim Finance and IT
Director Bradley, allowing her to work an additional 360 hours in her current position
through June 30, 2011. By June 30, 2011, the 2011-13 Financial Plan will have been
adopted and the Finance and IT Director recruitment currently underway will be
completed. These additional hours will allow Interim Director Bradley to complete the
two year financial plan process and transition with the new Finance and IT Director.
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REQUEST TO CALPERS PAGE 2
FISCAL IMPACT
The City had budgeted for a full-time Finance & IT Director in Fiscal Year 2010-11 at a
cost of $211,400 for salary and benefits. Interim Director Mary Bradley was hired in
July 2010 and the cost to the City to date is $82,700. With the approval of the additional
360 hours through June 30, 2011 the total estimated cost for Mary Bradley's services is
$146,100 which will still leave the City with a savings of approximately $65,300 in the
Finance & IT Administration budget.
ALTERNATIVE
Do not approve this request. If the request is not approved, Interim Finance and IT
Director Mary Bradley would be limited to 960 hours total. This is not recommended
because staff is preparing the 2011-13 Financial Plan and this would negatively impact
both the Administration and the Finance and IT Departments who rely heavily on Interim
Director Bradley's experience and expertise.
ATTACHMENTS
Resolution
California Government Code Section 21221(h)
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ATTACHMEW t
`nESOLUTION NO. (2011 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO EXTEND TEMPORARY EMPLOYMENT BEYOND THE 960-HOUR RULE
FOR EMPLOYMENT OF A RETIREE
WHEREAS, the City of San Luis Obispo entered into an Employment Contract
for Finance and Information Technology Director Transitional Services with Mary
Bradley to act as the City's Interim Finance and Information Technology Director; and
WHEREAS, Ms. Bradley has the specialized professional skills required to assist
the City of San Luis Obispo prepare its 2011-13 Financial Plan and Five Year Fiscal
Forecast; and
WHEREAS, Ms. Bradley retired on July 9, 2010 currently with the California
Public Employees Retirement System (CaIPERS); and
WHEREAS, Ms. Bradley began her 960 hours of employment for this fiscal year
on July 22, 2010; and
WHEREAS, Ms. Bradley will reach her maximum number of hours allowed,
960, on April 15, 2011; and
WHEREAS, San Luis Obispo City desires to employ Ms. Bradley for a period
not to exceed 360-Hours beyond the 960-Hour Rule in order to complete the 2011-13
budget cycle and transition with the new Finance and Information Technology Director;
and
WHEREAS, Ca1PERS regulations allow for an extension of the 960-Hour Rule
not to exceed one year; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo that they request the Ca1PERS Board of Administration to extend temporary
employment beyond the 960-Hour Rule for Mary Bradley and allow her to work an
additional 360 hours of employment for a total of 1,320 hours for fiscal year 2010-11.
Upon motion of seconded by
and on the following vote:
YES:
NOES:.
ABSENT:
The foregoing resolution was adopted this day of 2011.
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ATTACHMENT 1
Mayor Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM.-
"L 4-
J. Christine Dietrick
City Attorney
s
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(' 1. ATTACHMENT 2
CALIFORNIA GOVEkNMENT CODE SECTION 21221(h)
21221. A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system, as follows:
(h) Upon appointment by the governing body of a contracting agency
to a position deemed by the governing body to be of a limited
duration and requiring specialized skills or during an emergency to
prevent stoppage of public business. These appointments, in addition
to any made pursuant to Section 21224, shall not exceed a total for
all employers of 960 hours in any fiscal year. When an appointment is
expected to, or will, exceed 960 hours in any fiscal year, the
governing body shall request approval from the board to extend the
temporary employment. The governing body shall present a resolution
to the board requesting action to allow or disallow the employment
extension. The resolution shall be presented prior to the expiration
of the 960 hour maximum for the fiscal year. The appointment shall
continue until notification of the board's decision is received by
the governing body. The appointment shall be deemed approved if the
board fails to take action within 60 days of receiving the request.
Appointments under this subdivision may not exceed a total of 12
months.
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