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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 "4 24438.20003133986973.2 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