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RESOLUTION NO. 2021-059 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA FOR EXCEPTION TO THE 180-DAY WAIT <br />PERIOD IN COMPLIANCE WITH GOVERNMENT CODE <br />SECTIONS 7522.56 AND 21224 <br />WHEREAS, In compliance with Government Code Section 7522.56, the City <br />Council of the City of Santa Ana must provide CalPERS this certification resolution <br />when hiring a retiree before 180-days have passed since his or her retirement date; and <br />WHEREAS, Kenneth Gominsky Jr., CalPERS ID1833203649, retired from the <br />City of Santa Ana from the position of Police Captain, effective August 4, 2021; and <br />WHEREAS, Government Code Section 7522.56 requires that post -retirement <br />employment commence no earlier than 180-days after the retirement date, which is <br />January 31, 2022 without this certification resolution; and <br />WHEREAS, Government Code Section 7522.56 provides that this exception to <br />the 180-day wait period shall not apply if the retiree accepts any retirement -related <br />incentive; and <br />WHEREAS, The City Council of the City of Santa Ana, the City of Santa Ana and <br />Kenneth Gominsky Jr. certify that Kenneth Gominsky Jr. has not and will not receive a <br />Golden Handshake or any other retirement -related incentive; and <br />WHEREAS, The City Council of the City of Santa Ana hereby appoints Kenneth <br />Gominsky Jr. as an extra -help retired annuitant to perform the duties of a Homeless <br />Services Division Manager- Retired Annuitant for the City of Santa Ana under <br />Government Code Section 21224 effective September 22, 2021; and <br />WHEREAS, the entire employment agreement, contract or appointment <br />document between Kenneth Gominsky, Jr. and the City of Santa Ana has been <br />reviewed by this body and is attached herein; and <br />WHEREAS, No matters, issues, terms, or conditions related to this employment <br />and appointment have been or will be placed on a consent calendar; and <br />WHEREAS, The employment shall be limited to 960 hours per fiscal year; and <br />WHEREAS, The compensation paid to retirees cannot be less than the minimum <br />nor exceed the maximum monthly base salary paid to other employees performing <br />comparable duties, divided by 173.333 to equal the hourly rate; and <br />Resolution 2021-069 <br />Page 1 of 3 <br />