For City Council Meeting July 25, 2023
TO: Honorable Mayor and City Council
APPROVAL: Arron Brown, Acting City Manager
FROM: Shama Curian, Director of Human Resources/ Risk Management
Title
Recommend the City Council to Adopt Resolution No. 8117, A Resolution of the City Council of the City of Rialto, California, Appointing Henry Garcia as Interim City Manager and Approve Corresponding Employment Agreement.
(ACTION)
Body
BACKGROUND
Government Code Section 21221(h) permits the City Council to appoint a CalPERS retiree 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, inclusive of hours worked for other CalPERS employers during the same period, in a fiscal year.
DISCUSSION/ANALYSIS
It is recommended to hire Mr. Garcia for a single limited term appointment to perform the duties of the City Manager position while a recruitment for a permanent City Manager is underway. The current Acting City Manager returns to prior position on July 25, 2023. Given the need for continuity within the City Manager’s office the appointment to interim City Manager would commence on July 26, 2023, and end on the date immediately preceding the date on which the permanent appointment to the vacant position of City Manager commences their employment or the date that this appointment is terminated by the City or Mr. Garcia as specified in the employment agreement, whichever is earlier. As a CalPERS retired annuitant, Mr. Garcia’s working hours for the City and any other CalPERS employer, cannot exceed 960-hours in the fiscal year. Since the proposed appointment of Mr. Garcia is to a vacancy, Government Code Section 21221 (h) requires that the appointment be made by the City Council.
LEGAL REVIEW
The City Attorney has reviewed and has approved as to form.
ENVIRONMENTAL IMPACT
The proposed action does not constitute a “project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(b) of the State CEQA Guidelines, a project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
“Our City government will lead by example, and will operate in an open, transparent, and responsible manner that meets the needs of the citizens and is a good place to do business.”
FINANCIAL IMPACT
Operating Budget Impact
Mr. Garcia would be paid an hourly rate of $170.67 per hour, which is no less than the minimum nor more than the maximum monthly base salary paid to a person serving in the City Manager position. He will not be entitled to any additional compensation, overtime, benefits, paid leave or paid holidays, unless required by federal or state law.
Capital Improvement Budget Impact
No impact.
RECOMMENDATION
It is recommended that the City Council to Adopt Resolution No. ________, A Resolution of the City Council of the City of Rialto, California, Appointing Henry Garcia as Interim City Manager and Approve Corresponding Employment Agreement.