HomeMy WebLinkAboutResolution - 3867STATE OF CALIFORNIA ) RESOLUTION NO.3867
COUNTY OF RIVERSIDE } ss
CITY OF SAN JACINTO }
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO APPOINTING MICHELLE HOLMES AS
FINANCE DIRECTOR 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 ("CaIPERS") 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 Finance Director will become vacant on June 16,
2021; and
WHEREAS, in order to retain efficient and uninterrupted operation and
management of the Finance Department, the City Council desires to appoint Michelle
Holmes to the vacant position of Finance Director for the City of San Jacinto on an
interim basis under Government Code Section 21221(h), effective June 16, 2021; and
WHEREAS, Michelle Holmes has about 20 years of experience in a municipal
Finance Department (including more than 15 years with the City of San Jacinto)
administrating municipal financial operations and management and has previously served
as Accountant, Senior Accountant — Special Districts, General Accounting Manager, and,
most recently, as Finance Director with the City of San Jacinto; and
WHEREAS, an appointment under Government Code Section 21221(h) requires
an active, publicly posted recruitment for a permanent replacement; and
WHEREAS, the current status of this recruitment is open, pending the outcome
of applicant interview determinations; 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 Finance Director for the City of San Jacinto
commences his or her employment or, if earlier, the date that this appointment is
terminated by the City of San Jacinto or Michelle Holmes; and
WHEREAS, it is understood by Michelle Holmes and the City that the combined
total hours to be served by Michelle Holmes in any fiscal year for all CaIPERS employers
combined shall not exceed the 960-hour limitation set forth in California Government
Code Section 21221(h) and Section 7522.56(d); and
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WHEREAS, the City Council has reviewed a proposed employment agreement by
and between Michelle Holmes and the City of San Jacinto; 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
WHEREAS, the minimum base annual salary for the Finance Director position is
Step 1 at $132,860 with the hourly equivalent of $63.87, and the maximum base annual
salary for this position is Step 7 at $178,044 with the hourly equivalent of $85.60; and
WHEREAS, the hourly rate to be paid to Michelle Holmes will be the hourly rate
established for Step 4 for the Finance Director position as listed in the City's publicly
available pay schedule which is currently $73.94; and
WHEREAS, Michelle Holmes has not and will not receive any other benefit,
incentive compensation in lieu of benefit or any other form of compensation in addition
to this hourly pay rate; and
WHEREAS, pursuant to Government Code Section 7522.56(e)(1), Michelle
Holmes must certify in writing to the City of San Jacinto upon accepting an offer of
employment that she 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.
NOW THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND
ORDERED by the City Council of the City of San Jacinto, California, as follows:
SECTION 1. As required by Government Code Sections 21221(h) and 7522.56 ,
the City Council makes the following findings:
(a) The City of San Jacinto has considered the full record before it, which may
include but is not limited to such things as the staff report, testimony by staff and the
public, and other materials and evidence submitted or provided to it. Furthermore, all
facts set forth in the Recitals to this Resolution are true and correct and incorporated
herein by reference; and
(b) Michelle Holmes has the specialized skills needed to perform the work
required of the Finance Director position on an interim basis until a permanent Finance
Director is appointed by the City of San Jacinto and thereafter begins service; and
(c) It is in the best interests of the City of San Jacinto to enter into an
employment agreement with and to appoint Michelle Holmes to perform the duties of
interim Finance Director for the City of San Jacinto pursuant to the authority provided
under Government Code Sections 7522.56 and 21221(h).
SECTION 2. Michelle Holmes is appointed as interim Finance Director effective
June 16, 2021, until the date immediately preceding the date on which the permanent
24438.20003',33986973.2
replacement for the vacant position of Finance Director 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 Finance Director, to provide the specialized skills
necessary to manage the Finance Department effectively.
SECTION 3. The employment agreement with Michelle Holmes, a copy of which
is attached hereto as Exhibit A and on file with the City Clerk, is approved by the City
Council of the City of San Jacinto, effective June 16, 2021.
SECTION 4. The City Manager is authorized to execute said agreement on behalf
of the City of San Jacinto, with such technical amendments as may be deemed
appropriate by the City Manager and City Attorney.
PASSED, APPROVED AND ADOPTED this 1st day of June, 2021.
AYES:
Hawkins, Ayala, Ledezma, Ruiz
NAYS:
None
ABSENT:
Lopez
ABSTAIN:
None
CITY OF SAN JACINTO:
A I n 0 r o Z �, L
A onso Ledezma, Mayor
ATTEST:
VA�'
ge a ton, City Clerk
APPROVED AS TO FORM:
BEST BE KRIEGER, LLP
Michael J. Maur r, City Attorney
24438,20003\33986973 2
"1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
CERTIFICATION
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the foregoing
resolution is the actual resolution duly and regularly adopted by the City Council at a
regular meeting on this 151 day of June, 2021, by the following vote:
AYES:
Hawkins, Ayala, Ledezma, Ruiz
NAYS:
None
ABSENT:
Lopez
ABSTAIN:
None
WITNESS MY HAND AND OFFICIAL SEAL this 1 st day of June, 2021.
24438.20003\33996973.2
4�2An6fla Walton, City Clerk
City of San Jacinto