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HomeMy WebLinkAbout2021-059 - Exception to the 180-Day Wait PeriodRESOLUTION NO. 2021-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR EXCEPTION TO THE 180-DAY WAIT PERIOD IN COMPLIANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WHEREAS, In compliance with Government Code Section 7522.56, the City Council of the City of Santa Ana must provide CalPERS this certification resolution when hiring a retiree before 180-days have passed since his or her retirement date; and WHEREAS, Kenneth Gominsky Jr., CalPERS ID1833203649, retired from the City of Santa Ana from the position of Police Captain, effective August 4, 2021; and WHEREAS, Government Code Section 7522.56 requires that post -retirement employment commence no earlier than 180-days after the retirement date, which is January 31, 2022 without this certification resolution; and WHEREAS, Government 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 of the City of Santa Ana, the City of Santa Ana and Kenneth Gominsky Jr. certify that Kenneth Gominsky Jr. has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, The City Council of the City of Santa Ana hereby appoints Kenneth Gominsky Jr. as an extra -help retired annuitant to perform the duties of a Homeless Services Division Manager- Retired Annuitant for the City of Santa Ana under Government Code Section 21224 effective September 22, 2021; and WHEREAS, the entire employment agreement, contract or appointment document between Kenneth Gominsky, Jr. and the City of Santa Ana 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; 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 Resolution 2021-069 Page 1 of 3 WHEREAS, The minimum base salary for this position is $9,865 and the hourly equivalent is $56.91 and the maximum base salary for this position is $14,642 and the hourly equivalent is $84.47; and WHEREAS, The hourly rate paid to Kenneth Gominsky Jr. will be $84.47; and WHEREAS, Kenneth Gominsky Jr. has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to his hourly pay rate. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council of the City of Santa Ana hereby certifies the nature of the employment of Kenneth Gominsky Jr. as described herein and detailed in the attached employment agreement, appointment document, or employment document and that this appointment is necessary to fill the critically needed position of Homeless Services Division Manager — Retired Annuitant for the City of Santa Ana by September 22, 2021, to provide essential and specialized knowledge and expertise to expand the City's homeless services and efforts. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 6th day of October 2021. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:X, A. R Laura A. Rossini Chief Assistant City Attorney m Vicente Sarmiento Mayor Resolution 2021-059 Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Bacerra, Lopez, Mendoza, Penaloza, Phan, Sarmiento (6) None (0) None (0) NOT PRESENT: Councilmembers Hernandez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-059 to be the original Resolution adopted by the City Council of the City of Santa Ana on October 6. 2021. Date: ID— /I �G/ Daisy GorAez Clerk of the Council City of Santa Ana Resolution 2021-059 Page 3 of 3 CITY OF SANTA ANA HUMAN RESOURCES DEPARTMENT Jason R. Motsick Executive Director of Human Resources 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 vmw.santa-ana.oro September 14, 2021 Kenneth Gominsky Jr. Dear Kenneth: Congratulations, it is with great pleasure that I provide you with additional details regarding your offer of employment as a Homeless Services Division Manager — Retired Annuitant for the City of Santa Ana. To summarize our understanding, discussed below are the details of our arrangement: You are an "at -will" employee and serve at the pleasure of the City Manager. Your rate of pay is $84.47 per hour with no other benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to this hourly pay rate. You will be paid bi-monthly (the 5th & 20th of each month). Your start date is Wednesday, September 22, 2021. Your duties include but are not limited to: • Facilitation and oversight to the City's homeless services and efforts. • Coordinate homeless policies and initiatives with local government agencies, law enforcement, city staff, and other community based organizations. • Perform other specific projects as assigned. In addition, your employment as a retired annuitant is contingent upon Council approval and compliance with CaIPERS regulations for retired annuitants. You are hired by the City of Santa Ana as a retired annuitant in a temporary, limited duration assignment not to exceed 960-hours in a fiscal year (July [It through June 30th). You must ensure your employment remains in compliance with CaIPERS regulations as stated in their "Employment After Retirement, Publication 33". By signing this offer, you are also certifying that you have not received any unemployment insurance compensation for prior retired annuitant employment with any public Your knowledge, expertise, and work history demonstrating your skills to perform the work required for these projects will assist the City in successfully implementing projects/programs. We will contact you with the details for arriving on your first day. Department Head or Designee: I have discussed the conditional offer of employment with the retiree. Lz� v z 1as Motsick, Executive Director of Human Resources Date Retiree: I have received, read, and agree to the contents of this offer of employment. I understand that this is an offer of at -will employment and that I do not have any recourse or right to appeal should I not successfully meet the established qualification standards. Signature 09/14/2021 Date