For City Council Meeting April 23, 2024
TO: Honorable Mayor and City Council
FROM: Tanya Williams, Acting City Manager
Title
Request City Council to Adopt a Resolution No. 8207 to Approve an Employment Agreement Appointing Mark Alvarado as the Interim Finance Director
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council (1) Adopt a Resolution No. 8207 Approving an Interim Appointment to the Vacant Position of Finance Director and (2) Authorize the Acting City Manager to Execute the Interim Employment Agreement.
BACKGROUND
The City of Rialto is actively recruiting to fill the vacant Director of Finance position. During the recruitment, there are number of high priority projects that continue to need the oversight of an individual in that role. Among these priorities include the adoption of the Fiscal Year 2024-2025 budget, the completion and close out of Fiscal Year 2023 and the continued review and assessment of the Tyler ERP implementation. To mitigate risk and ensure increased efficiency within the department, staff is recommending the approval of an agreement for an interim finance director to fill the vacancy on a temporary basis to oversee the on-going operations of the department. This will provide the necessary resources to maintain the necessary functions for the team and achieve the immediate priorities for the organization.
ANALYSIS/DISCUSSION
Pursuant to Government Code Section 21221(h), a governing body may appoint a CalPERS retired annuitant to a vacant position during the recruitment for a permanent appointment. Government Code Section 21221(h) sets forth the requirements for hiring a retired annuitant, including the City Council adopting a resolution approving an employment agreement with the retired annuitant. In accordance with Government Code Section 21221(h), the proposed employment agreement contains the following key provisions:
Compensation: The Interim Finance Director is proposed to be paid $106 per hour, which is within the existing range of the Finance Director position. No other benefits will be provided.
Term: The term of the agreement shall end on the date that a permanent hire to the position begins employment. The term will not exceed the limitations set forth by CalPERS for employment of retired annuitants.
Number of Hours Worked: The retired annuitant is scheduled to work approximately three days per week. This work schedule is in compliance with the requirement that a retired annuitant may be employed with CalPERS agencies for no more than 960 hours in a fiscal year.
The proposed employment services agreement for the retired annuitant to serve in the interim finance director role is with Mark Alvarado who has served in a similar capacity for a number of other cities in the region including the cities of Irvine, La Verne, Ontario and El Monte. Prior to that he worked in finance and administrative services for over 20 years. He is a licensed Certified Public Accountant (CPA) and is a member of Government Finance Officers Association and California Society of Municipal Finance Officers. His resume is attached to the staff report for reference.
ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and excludes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
The request is consistent with Guiding Principle 3A of the Rialto General Plan: our city government will lead by example, and will operate in an open, transparent, and responsive manner that will meet the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney's Office has reviewed the resolution and employment agreement and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
The interim finance director position will be paid for through budgeted contracted service funds and salary savings. The hourly rate in the agreement is set for $106 per hour.
Capital Improvement Budget Impact
There is no impact on the capital improvement budget through this action.