HomeMy WebLinkAbout24840RESOLUTION NO. 24840
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPOINTING DAVID H.
READY AS CITY MANAGER ON AN INTERIM BASIS AND
APPROVING EMPLOYMENT CONTRACT
WHEREAS, Government Code Sections 7522.56 and 21221(h) permit the City
Council to appoint a California Public Employees' Retirement System ("CalPERS")
retired annuitant to a vacant position requiring specialized skills during recruitment for a
permanent appointment, and provides that such appointment will not subject the retired
person to reinstatement from retirement or loss of benefits so long as it is a single
appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the position of City Manager will become vacant at close of business
on, December 30, 2020; and
WHEREAS, in order to retain efficient and uninterrupted operation and
management of the City Manager's Office, the City Council desires to appoint David
Ready to the then vacant position of City Manager on an interim basis pursuant to
Government Code Section 21221(h), effective at 8:00am on December 31, 2020; and
WHEREAS, David Ready has extensive experience in managing, directing and
overseeing operation of the City Manager's Office given his current employment as City
Manager for the City of Palm Springs; and
WHEREAS, in compliance with Government Code Section 7522.56(f), the City of
Palm Springs must provide CalPERS this certification resolution when hiring a retiree
before 180 days have passed since his or her retirement date; and
WHEREAS, David Ready, CalPERS ID 4511498412, will retire from the City of
Palm Springs in the position of City Manager, effective December 31, 2020; and
WHEREAS, Section 7522.56 requires that post -retirement employment
commence no earlier than 180 days after the retirement date, which is June 29, 2021,
without this certification resolution; and
WHEREAS, 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, City of Palm Springs, and David Ready, certify that
David Ready has not and will not receive a Golden Handshake or any other retirement -
related incentive; and
Resolution No. 24840
Page 2
WHEREAS, an appointment under Government Code Section 21221(h) requires
an active, publicly posted recruitment for a permanent replacement; and
WHEREAS, the City has retained Alliance Resource Consulting LLC ("ARC') for
the purpose of recruiting for the City Manager position, and ARC is currently in the
process of soliciting resumes from interested candidates; and
WHEREAS, this Section 21221(h) appointment shall only be made once and
therefore will end on the date immediately preceding the date on which the permanent
replacement for the vacant position of City Manager commences his or her employment
or, if earlier, the date that this appointment is terminated by the City or David Ready,
and
WHEREAS, it is understood by the City and David Ready that the combined total
hours to be served by David Ready in any fiscal year, for all retired annuitant positions
with any CalPERS employers, shall not exceed the 960-hour limitation set forth in
California Government Code Sections Section 7522.56(d) and 21221(h), unless an
exception applies; and
WHEREAS, the compensation paid to retired annuitants 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 an hourly rate, and
WHEREAS, the base monthly salary for the City Manager position is $30,048.27
and the hourly equivalent is $173.36; and
WHEREAS, the hourly rate to be paid to David Ready is $173.36; and
WHEREAS, David Ready will not receive any other benefits, incentives,
compensation in lieu of benefit or any other form of compensation in addition to this
hourly pay rate; and
WHEREAS, the entire employment agreement between David Ready and the
City of Palm Springs has been reviewed by this body and is attached hereto as
Exhibit A; and
WHEREAS, no matters, issues, terms, and/or conditions related to this
employment and appointment have been or will be placed on the consent calendar; and
WHEREAS, pursuant to Government Code Section 7522.56(e)(1), David Ready
must certify in writing to the City upon accepting an offer of employment that he has not
received any unemployment insurance compensation arising out of prior employment
with a public employer that is subject to Section 7522.56 during the 12-month period
preceding the effective date of this appointment.
Resolution No. 24840
Page 3
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. The City Council hereby certifies the nature of the employment of
David Ready as described herein and detailed in the attached employment
agreement and that this appointment is necessary to fill the critically needed
position of City Manager for the City of Palm Springs by December 31, 2020, on
an interim basis.
SECTION 3. The City Council hereby appoints David Ready as interim City
Manager effective December 31, 2020, subject to the provisions set forth in an
employment agreement, until the date immediately preceding the date on which
the permanent replacement for the vacant position of City Manager commences
his or her employment, unless earlier terminated, pursuant to the authority
provided under Government Code Sections 21221(h) and 7522.56, pending the
recruitment, selection and employment of a permanent City Manager, to provide
the specialized skills necessary to manage the City Manager's Office.
SECTION 4. The employment agreement for David Ready, a copy of which is
incorporated herein as Exhibit A, is approved by the City Council.
SECTION 5. The Mayor is authorized to execute this Resolution and said
agreement on behalf of the City, with such technical amendments as may be
deemed appropriate by the Mayor and City Attorney.
ADOPTED THIS 10TH DAY OF DECEMBER 2020.
CHRISTY HO TEGE
MAYOR
ATTEST:
NTHONY J. lA,
CITY CLERK
Resolution No. 24840
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24840 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on December 10, 2020, by the
following vote:
AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tem Middleton, and
Mayor Holstege
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto iet my hand and affixed the official seal of
the City of Palm Springs, California, this `' _ day of i earj;DY 7ozl
Anfhony J. Me ia, MMC, qftyZ
City of Palm Springs, ailifornia