HomeMy WebLinkAboutReso 2021-101RESOLUTION NO. 2021-101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE NECESSITY OF
TEMPORARILY APPOINTING A CALPERS RETIREE,
PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56
AND 21221(h)
WHEREAS, Tracy McCraner (CalPERS ID 1003046211) retired from the City of
San Diego in the position of Director of Finance & City Comptroller, effective April 15,
2020; and
WHEREAS, section 7522.56 requires that post-retirement employment
commence no earlier than 180 days after the retirement date, which was October 12,
2020; and
WHEREAS, the City Council of the City of Chula Vista, the City of Chula Vista
and Tracy McCraner certify that Tracy McCraner 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 Council of the City of Chula Vista has authorized the search
for a permanent appointment on May 25, 2021; and
WHEREAS, the City Council of the City of Chula Vista hereby appoints Tracy
McCraner as an interim appointment retired annuitant to the vacant position of Director
of Finance for the City of Chula Vista under Government Code section 2122 1(h),
effective June 4, 2021; and
WHEREAS, this Gov. Code section 21221(h) appoi ntment shall only be made
once and therefore will end by no later than December 4, 2021; and
WHEREAS, the City Council of the City of Chula Vista finds that the temporary
appointment of Tracy McCraner to this position is necessary to fill a critically needed
position, in that, Ms. McCraner has skills needed to perform work of limited duration;
and
WHEREAS, the entire employment agreement, contract or appointment
document between Tracy McCraner and the City of Chula Vista has been reviewed by
this body and is attached herein; and
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Resolution No. 2021-101
Page No. 2
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; 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 $17,192.11 monthly and
the hourly equivalent is $99.19 and the minimum base salary for this position is
$14,245.86 monthly and the hourly equivalent is $82.19; and
WHEREAS, the hourly rate paid to Tracy McCraner upon hire will be $99.19 and
effective July 2, 2021 with the adoption of the Fiscal Year 2021-2022 Compensation Schedule
shall be the hourly rate of $101.17 per hour; and
WHEREAS, Tracy McCraner 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista hereby certifies the nature of the employment of Tracy McCraner as
described herein and detailed in the attached employment agreement, and that this
appointment is necessary to fill the critically needed position of Director of Finance for
the City of Chula Vista by June 4, 2021.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2021-101
Page No. 3
Presented by Approved as to form by
Maria V. Kachadoorian Glen G. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of May 2021 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2021-101 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 25th day of May 2021.
Executed this 25th day of May 2021.
Kerry K. Bigelow, MMC, City Clerk
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CITY OF CHULA VISTA
AGREEMENT FOR TEMPORARY LIMITED-TERM EMPLOYMENT
(CalPERS Retiree)
THIS AGREEMENT is between the CITY OF CHULA VISTA (hereinafter referred to as
“CITY”), and Tracy McCraner, an individual (hereinafter referred to as “Employee”):
WHEREAS, Employee is a CalPERS retiree, and in light of that status, Employee’s
employment is subject to the limitations and requirements set forth in this Agreement and
in the applicable law; and
WHEREAS, CITY has a need for an employee to perform duties of a Director of
Finance and to provide needed specialized skills related to necessary public services,
on a temporary part-time basis for a limited duration ; and
WHEREAS, CITY has a need to appoint an employee to an interim position under the
provisions of Government Code sections 7522.56 and 21221(h); and
WHEREAS, Employee has specialized skills and is qualified to perform the
services required by this Agreement;
NOW, THEREFORE, the parties do mutually agree as follows:
1. Scope of Services: Pursuant to this contract, Employee shall temporarily perform
for CITY certain duties of the Director of Finance position. Employee shall perform
said duties under the direct supervision of City Manager Maria Kachadoorian or
designee.
2. Compensation: Employee shall be compensated as follows:
A. Hourly Rate of Pay: Employee shall be paid at the rate of $99.19 per hour
(hereinafter referred to as “Hourly Rate”), which is an hourly rate within the
range for the Director of Finance position. Effective July 2, 2021 with Council
approval of the Fiscal Year 2021-2022 Compensation Schedule, Employee
shall be paid at the rate of $101.17 per hour. Payments will be made on
regularly scheduled CITY payroll dates. Employee will be responsible for
keeping track of Employee’s hours worked in the same manner as other
employees of CITY. Employee will receive no other payments, other than the
foregoing hourly rate.
B. Hours per Week: This employment is for part-time “on call” work and, generally,
will not exceed 40 hours per week. CITY will assign Employee hours to work.
C. Payment for Work Done in Excess of 40 Hours Per Week: The position is being
paid hourly and therefore is not exempt from FLSA overtime pay requirements.
The Employee shall be paid at one and one-half times the regular rate of pay
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R2021-101
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for any time worked in excess of 40 hours per week. Overtime work must be
pre-approved by the Director of Human Resources.
D. Work less than 960 hours per fiscal year: Employee is permitted to work a
combined maximum of 960 hours per fiscal year for all agencies that contract
with CalPERS. Employee has represented that he has not performed any work
for another CalPERS agency and will not do so during his employment with
CITY, and therefore Employee will be permitted to work up to 960 hours this
fiscal year. CITY retains the right to reduce, change, or amend the number of
hours worked consistent with CITY’s workload and other needs. If Employee's
annual hours are approaching 960, then CITY retains the right to summarily
suspend Employee's duties under this Agreement and to reassign any
scheduled hours or to terminate this Agreement, as needed, to ensure that
Employee does not exceed the maximum hours allowed by this Agreement.
3. Employment Status:
A. Benefits: Employee understands and agrees that Employee is not, and will
not be, eligible to receive any benefits from CITY, including any CITY group
plan for hospital, surgical, or medical insurance, any CITY retirement program,
or any paid holidays, vacation, sick leave, or other leave, with or without pay,
or any other job benefits available to an employee in the regular service of
CITY, except for Worker’s Compensation Insurance coverage, or as otherwise
required by law.
B. No Property Right in Employment: Employee understands and agrees that
the terms of this employment are governed only by this Agreement and that
no right of regular employment for any specific term is created by this
Agreement. Employee further understands that Employee acquires no
property interest in this employment by virtue of this Agreement, that the
employment is “at will” as defined by the laws of the State of California
(meaning that the employment can be terminated at any time for any reason
or for no reason), and that Employee is not entitled to any pre- or post-
deprivation administrative hearing or other due process upon termination or
any disciplinary action.
C. Employment of a Retiree: Employee understands that CalPERS retired
annuitants may be employed by a CalPERS public agency employer, by
temporary appointment for a limited duration to a position not to exceed 960
hours in any fiscal year for all such employers; either (1) during an emergency
to prevent stoppage of public business or (2) because the retired employee
has skills needed in performing the work of limited duration. In the event
Employee is providing service to any other CalPERS public agency employer
during the term of this Agreement, Employee must notify CITY of such
employment and disclose on a periodic basis, not less frequently than monthly,
the number of hours Employee is performing for that other public agency to
ensure that the maximum number of hours is not exceeded. Retired
annuitants also cannot have received unemployment insurance payments in
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the prior 12-month period arising from work performed as a retiree for any
public employer. Additionally, for retired annuitants with a retirement effective
date on or after January 1, 2013, the appointment must occur at least 180
days following the date of retirement unless the employer certifies that the
appointment is necessary to fill a critically needed position before 180 days
have expired and the governing body approves the appointment in a public
meeting.
4. Representations of Employee: Employee represents that Employee is properly
trained and certified to perform the duties required under this Agreement.
Employee also represents he has not received unemployment insurance
payments in the prior 12-month period arising from work performed as a retiree for
any public employer.
5. Term of Agreement: This Agreement shall commence on June 4, 2021 and shall
automatically terminate by no later than on December 4, 2021 or upon
completion of the Director of Finance recruitment, whichever is sooner.
Employment is temporary, at-will and may be terminated with or without cause
and with or without notice at any time by Employee or CITY.
6. Non-Assignment of Agreement: This Agreement is intended to secure the
individual services of Employee and is not assignable or transferable by Employee
to any third party.
7. Governing Law/Venue: This Agreement shall be interpreted according to the laws
of the State of California. Venue for any action or proceeding regarding this
contract shall be in San Diego County.
8. Enforceability: If any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and shall in
no way be affected, impaired or invalidated thereby.
9. Conflict of Interest: Employee agrees that during the term of this Agreement,
Employee will not maintain any financial interest or engage in any other contract
employment, occupation, work, endeavor or association, whether compensated for
or not, that would in any way conflict with, or impair Employee’s ability to perform
the duties described in this Agreement. Any work performed for CITY outside the
terms of this Agreement must be approved in advance in writing by the City
Manager. Employee agrees to disclose whether Employee is performing work for
any other CalPERS public agency employer as required by section 3.C. of this
Agreement.
10. Entire Agreement and Modification: This Agreement constitutes the entire
understanding of the parties hereto. This Agreement supersedes any previous
contracts, agreements, negotiations or understandings, whether written or oral,
between the parties. Employee shall be entitled to no other compensation or
benefits than those specified herein, and Employee acknowledges that no
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representation, inducements or promises not contained in this Agreement have
been made to Employee to induce Employee to enter into this Agreement.
No changes, amendments, or alterations hereto shall be effective unless in writing
and signed by both parties. Employee understands that no oral modification of this
Agreement made by any officer, agent, or employee of CITY is effective.
Employee specifically acknowledges that in entering into and executing this
Agreement, Employee relies solely upon the provisions contained herein and no
others.
Acknowledgment:
I, Tracy McCraner, agree to this Temporary Limited-Term Employment Agreement
(CalPERS Retiree), and hereby warrant that I understand and agree with all of the
terms and conditions of employment as set forth in this Agreement. Further, I hereby
certify to the City of Chula Vista that I have not received unemployment insurance
payments within the past 12 months arising from work performed as a retiree for any
public employer.
BY EMPLOYEE:
Tracy McCraner Date
BY CITY:
Maria Kachadoorian, City Manager Date
APPROVED AS TO FORM:
Glen Googins, City Attorney Date
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6/1/2021
6/1/2021
6/1/2021
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