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Home My WebLink AboutRES CC 2024 4255 2024 0619 RESOLUTION NO. 2024-4255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING EXCEPTION TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM'S (CALPERS) 180-DAY WAIT PERIOD TO HIRE A CALPERS RETIRED ANNUITANT UNDER GOVERNMENT CODE SECTIONS 7522.56 AND 21224 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND MARK WESTERLINE TO PROVIDE TEMPORARY EXTRA HELP AS A RETIRED ANNUITANT FOR A LIMITED DURATION WHEREAS, in compliance with Government (Gov.) Code Section 7522.56, the City of Moorpark must provide CaIPERS this certification resolution when hiring a retiree before 180 days has passes since his or her retirement date; and WHEREAS, Mark Westerline has retired from the City of Moorpark, Public Works Department, from the position of Vector/Animal Control Specialist, effective April 25, 2024; and WHEREAS, Gov. Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is October 23, 2024, without this certification resolution; and WHEREAS, Gov. 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, the City of Moorpark, and Mark Westerline certify that Mark Westerline has not and will not receive a Golden Handshake or any other retirement related incentive; and WHEREAS, the City Council hereby appoints Mark Westerline as an extra help retired annuitant to perform the duties of the Vector/Animal Control Technician II for the City of Moorpark under Government Code Section 21224, 21227, 21229, effective July 1, 2024; and WHEREAS, the entire employment agreement, contract or appointment document between Mark Westerline and the City of Moorpark has been reviewed by this body and the City Manager and is attached hereto as Exhibit A; 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 for all CaIPERS employers; and Resolution No. 2024-4255 Page 2 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 maximum base salary for this position is $81,827.20 and the hourly equivalent is $39.34, and the minimum base salary for this position is $60,860.80 and the hourly equivalent is $29.26; and WHEREAS, effective with the paycheck dated August 2, 2024, to reflect the new cost-of-living adjustment in salaries for Competitive Service employees, the maximum base salary for this position is $84,281.60 and the hourly equivalent is $40.52, and the minimum base salary for this position is $62,691.20 and the hourly equivalent is $30.14; and WHEREAS, the hourly rate paid to Mark Westerline will be $39.34, and effective with the paycheck dated August 2, 2024, the hourly rate paid to Mark Westerline will be $40.52; and WHEREAS, Mark Westerline has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Moorpark hereby certifies the nature of the appointment of Mark Westerline as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Vector/Animal Control Technician II for the City of Moorpark by July 1, 2024, because the position requires specialized skills and extra help is needed for vector and animal control services to protect the health and safety of people and animals in the community. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of June, 2024. Chris R. En gren, Mayor ATTEST: 4aK 0.i, 7,4 ?WNW 7 Ky Spa Cje , gttgwc �t41 Attachment: Employment Agreement o107, 4Q.4reo a Resolution No. 2024-4255 Page 3 EXHIBIT A EMPLOYMENT AGREEMENT This employment AGREEMENT is effective as of July 1, 2024, between the City of Moorpark ("Employer") and Mark Westerline ("Retired Annuitant"). 1. The Retired Annuitant served as a Vector/Animal Control Specialist for Employer. Employer desires services of Retired Annuitant as a Vector/Animal Control Technician II in order to retain his experience, abilities and knowledge until such time as a suitable replacement can be found and trained and is therefore agreeing to continue engaging his services as Vector/Animal Control Technician II under the terms and conditions set forth below. 2. Retired Annuitant desires to resume employment with Employer and is willing to do so under the terms and conditions set forth below. a. THEREFORE, in consideration of the above recitals, and of mutual promises and conditions in this AGREEMENT, it is agreed as follows: 3. TERMS OF EMPLOYMENT. Subject to earlier termination as provided for in this AGREEMENT, Retired Annuitant shall be employed for a term beginning July 1 , 2024, and ending no later than June 30, 2025. 4. DUTIES AND AUTHORITY. Employer shall employ Retired Annuitant as the Vector/Animal Control Technician II. Retired Annuitants shall be vested with full power and authority to direct and conduct all the business of the City of Moorpark as is provided for by the Moorpark Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include conducting inspections and investigations and enforcing local laws and regulations related to vector and animal control; and perform other related duties as required. 5. REASONABLE TIME AND EFFORT. During his employment, Retired Annuitant shall devote such time, interest, and effort to the performance of his AGREEMENT as necessary. In no event shall Retired Annuitant work more than 960 hours within any Fiscal Year during the term of this AGREEMENT. 6. WAGES. During the term of this AGREEMENT, Employer agrees to pay Retired Annuitant the hourly rate of$39.34, payable in bi-weekly installments subject to all applicable withholding and deductions. Effective with the paycheck dated August 2, 2024, to reflect the new cost-of-living adjustment in salaries for Competitive Service employees, Employer agrees to pay Retired Annuitant the hourly rate of $40.52, payable in bi-weekly installments subject to all applicable withholding and deductions. 7. ADDITIONAL BENEFITS. Except as provided for above, or as required by State and Federal law, during the employment term, Retired Annuitant shall not be entitled to receive other benefits of employment generally available to Employer's Page 1 of 3 2024 07-01 Employment AGREEMENT between the City of Moorpark and Mark Westerline Resolution No. 2024-4255 Page 4 other employees such as leave time, health, dental, vision, longevity pay, and employer paid deferred compensation. 8. INDEMNIFICATION BY EMPLOYER. Employer shall, to the maximum extent permitted by the law, indemnify and hold Retired Annuitant harmless for any acts or decisions made by him in the course and scope of employment. To the same, Employer will pay and advance all expenses, including reasonable attorney's fees and costs of court approved settlements, actually and necessarily incurred by Employer in connection with the defense of any action suit or proceeding and in connection with any appeal, which has been brought against Retired Annuitant by reason of his performance of services as an officer or agent of the Employer. 9. TERMINATION OR RESIGNATION. Employer may terminate Retired Annuitant's employment at any time during the term of this AGREEMENT. Retired Annuitant may terminate this AGREEMENT by giving Employer prior written notice of resignation. Unless otherwise agreed to by the parties, termination of employment by resignation shall result in no post-resignation compensation being paid to Retired Annuitant. 10. CONFORMANCE WITH RETIREMENT LAW. This AGREEMENT may only be modified, including extension of term, in writing by Retired Annuitant and Mayor and City Council or their designee provided that changes are in conformance with current California Public Employee's Retirement Law involving post-retirement employment under Section 7522.56. 11. CITY COUNCIL AND CITY MANAGER APPROVAL. This AGREEMENT shall be of no force and effect unless or until approved by the City Council of Moorpark to authorize the City Manager to execute the AGREEMENT. Page 2 of 3 2024 07-01 Employment AGREEMENT between the City of Moorpark and Mark Westerline Resolution No. 2024-4255 Page 5 IN WITNESS WHEREOF, the City of Moorpark has caused this AGREEMENT to be signed and executed and duly attested by its officers thereunto duly authorized, and Retired Annuitant has signed and executed this AGREEMENT. CITY OF MOORPARK: RETIRED ANNUITANT: Troy Brown, City Manager Mark Westerline Date Date ATTEST: Ky Spangler, City Clerk Date Page 3 of 3 2024 07-01 Employment AGREEMENT between the City of Moorpark and Mark Westerline Resolution No. 2024-4255 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2024-4255 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of June, 2024, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 24th day of June, 2024. Ky Sp gle ,ZI2-erk (seal) ,Tak •