Loading...
R 4950 RESOLUTION NO. 4950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO RATIFY THE APPOINTMENT OF CAROLYN GALLOWAY-COOPER AS INTERIM DIRECTOR OF ADMINISTRATIVE SERVICES WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to ratify the appointment of 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 in a fiscal year; and WHEREAS, the City Council desires to ratify the appointment of Carolyn Galloway- Cooper as an interim appointment retired annuitant to the vacant position of Director of Administrative Services for the City of Arroyo Grande under Gov. Code section 21221(h), effective December 4, 2019; and WHEREAS, the City Council, the City of Arroyo Grande and Carolyn Galloway-Cooper certify that Carolyn Galloway-Cooper has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires that the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the City Manager authorized the search for a permanent appointment on October 30, 2019; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once, and therefore will end no later than February 28, 2019; and WHEREAS, the entire employment agreement between Carolyn Galloway-Cooper and the City of Arroyo Grande has been reviewed by this body and is attached herein as Exhibit “A” (“Employment Agreement”); 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 maximum monthly base salary for this position is $12,865 and the hourly equivalent is $74.22; the minimum monthly base salary for this position is $10,580 and the hourly equivalent is $61.04; and WHEREAS, the hourly rate paid to Carolyn Galloway-Cooper will be $61.04; and RESOLUTION NO. 4950 PAGE 2 WHEREAS, Carolyn Galloway-Cooper 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 pay rate. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The City Council hereby certifies the nature of the employment of Carolyn Galloway-Cooper as described herein and detailed in the Employment Agreement, attached hereto as “Exhibit A” and incorporated herein by this reference, and that this appointment is necessary to fill the critically needed position of Interim Director of Administrative Services by December 4, 2019 in order to provide specialized skills associated with the administration of finances and human resources while the City actively recruits for and makes a permanent appointment. On motion of Council Member Storton, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Council Members Storton, Barneich, Paulding, George, and Mayor Ray Russom NOES: None ABSENT: None th the foregoing Resolution was passed and adopted this 26 day of November, 2019. RESOLUTION NO. 8950 PAGE 3 OL/td CAREN RA ' • USSOM, MAYOR ATTEST: ('441i/U-tiltaal-51---- KELLY T RE, CITY CLERK APPROVED AS TO CONTENT: JAMES = AN, CITY MANAGER APPROVED AS TO FORM: 4 TI THY J. MEL, CITY ATTORNEY CITY OF ARROYO GRANDE EMPLOYMENT AGREEMENT FOR INTERIM DIRECTOR OF ADMINISTRATIVE SERVICES THIS EMPLOYMENT AGREEMENT FOR INTERIM DIRECTOR OF ADMINISTRATIVE SERVICES (“Agreement”) is made and entered into as of this _____ day of November, 2019 by and between the City of Arroyo Grande (“City”), and Carolyn Galloway- Cooper (“Galloway-Cooper”). RECITALS A. Pursuant to Government Code sections 7522.56(c) and 21221(h), City desires to employ Galloway-Cooper, a California Public Employees’ Retirement System (CalPERS) retiree, on an interim basis in the position of Director of Administrative Services for the City while the City actively recruits a permanent Director of Administrative Services. B. Pursuant to Government Code sections 7522.56(c) and 21221(h), the City Council finds that the position of Interim Director of Administrative Services requires specialized skills and experience associated with the administration of finances and human resources and that Galloway-Cooper possesses the skills needed to perform the functions and duties of Interim Director of Administrative Services. C. Galloway-Cooper desires to accept appointment to the position of Interim Director of Administrative Services under the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants contained herein, the parties agree as follows: 1. Duties. City hereby employs Galloway-Cooper as Interim Director of Administrative Services for the City to perform the functions and duties of the Director of Administrative Services, as specified by position job description, and to perform such other legally permissible and proper duties and functions as the City Manager may from time to time assign or as may be necessary and desirable in the opinion of Galloway-Cooper, as authorized by the City Manager, for the efficient management of the City. As her primary duties, Galloway-Cooper shall develop the City’s 18-19 fiscal year audit schedules, Comprehensive Annual Financial Report and finalize year end closing entries, and assist in revenue projections and budget development and assist with Five Cities Fire Authorities’ labor negotiation scenarios. 2. Work Schedule. Galloway-Cooper is expected to engage in the hours of work that are necessary to fulfill the duties and obligations of the position. Galloway-Cooper shall be available during normal City business hours and may occasionally be required to attend City Council and other meetings during non-business hours if such meetings involve areas directly related to Galloway-Cooper’s duties. Galloway-Cooper acknowledges that her duties may occasionally require performance of services outside of normal business hours. Page 1 of 6 3. Work Restrictions. It is the understanding of the parties that Galloway-Cooper is a retiree in the California Public Employees’ Retirement System (“CalPERS”) and, consequently, she may not work more than 960 hours for all public agencies contracting with CalPERS within the fiscal year(s) occurring during the term of this Agreement without impacting her retirement benefits and having to be reinstated in CalPERS as an active employee. Accordingly, under no circumstances may Galloway-Cooper work more than 960 hours during any fiscal year, defined as stth the period beginning July 1 and ending June 30 of each year, including any service to other CalPERS employers. Galloway-Cooper shall keep accurate time records of her hours worked to ensure that she does not exceed 960 hours within any fiscal year that occurs during the term of this Agreement and for payroll purposes. If a controversy arises between Galloway-Cooper and CalPERS regarding the impact of this Agreement and the services provided for herein on the nature of CalPERS retirement terms or benefits, the City shall have no obligation to intervene in or to defend or prosecute such dispute. 4. Term. Subject to earlier termination as provided for in this Agreement, Galloway- Cooper shall be employed for a term beginning December 4, 2019 and ending on February 28, 2020, or when a permanent Director of Administrative Services assumes office, whichever is sooner. From December 4, 2019 through and including February 28, 2020, Galloway-Cooper shall work such time as is professionally reasonable and practicable for purposes of attempting to ensure a smooth transition of duties from the current Director of Administrative Services to Galloway- Cooper. Effective December 4, 2020, Galloway-Cooper shall assume the position of Interim Director of Administrative Services. 5. Compensation. For services rendered pursuant to this Agreement, City agrees to pay Galloway-Cooper compensation of $61.04 per hour, which amount is in conformance with the requirements of Government Code section 7522.56(d). This hourly rate is not more than the maximum, nor less than the minimum, monthly base salary paid to other previous employees performing comparable duties as listed on a publicly available pay schedule for the Director of Administrative Services position, divided by 173.333. Galloway-Cooper shall not receive from the City any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate set forth herein. The hourly wages paid pursuant to this Agreement are subject to all applicable tax and income withholdings and deductions in accordance with applicable law. 6. Benefits. Galloway-Cooper hereby waives all benefits provided to City employees, including but not limited to retirement contributions, health/medical insurance, dental insurance, life and disability insurance, sick leave, vacation, and similar benefits. Galloway-Cooper recognizes that Government Code section 21221(h) provides that a retired person appointed to a vacant position pursuant to that subdivision may not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate. 7. Termination. The City may terminate this Agreement at any time with or without cause. Galloway-Cooper may terminate this Agreement at any time with or without cause provided, however, she shall endeavor to provide the City Council with at least thirty days advance written notice prior to the effective date of termination. Galloway-Cooper agrees that she shall not be entitled to any severance pay as the result of the termination of this Agreement for any reason whatsoever. Page 2 of 6 8. At-will Employment/FLSA Exempt. Galloway-Cooper shall serve at the will and pleasure of the City Manager and understands she is an “at-will” employee subject to summary dismissal without any right of notice or hearing, including any so-called “Skelly” hearing. Galloway-Cooper will not acquire any property interest in the position of Interim Director of Administrative Services and is employed solely on a temporary basis to perform specialized services in accordance with Government Code sections 7522.56(c) and 21221(h). Galloway- Cooper further understands and agrees that her position is that of an exempt employee for purposes of the Fair Labor Standards Act. 9. Certification Regarding Prior Unemployment Benefits. In accordance with Government Code section 7522.56(e)(1), Galloway-Cooper certifies and warrants to City that she has not received any unemployment insurance payments for retired annuitant work for any public employer within the twelve months prior to her appointment date under this Agreement. 10. Adequate Retirement Period. In accordance with Government Code section 7552.56(f), Galloway-Cooper warrants to City that a period of 180 days or more has passed since the date of her most recent retirement with CalPERS. 11. Reimbursable Expenses. Galloway-Cooper shall be entitled to reimbursement for reasonable costs or expenses incurred in the performance of her duties on behalf of the City that are supported by written documentation in accordance with established policies and customary practices of the City. 12. Conflicts Prohibited. During the term of this Agreement, Galloway-Cooper shall not engage in any business or transaction or maintain any financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Galloway-Cooper’s duties under this Agreement. Galloway-Cooper shall comply with all requirements of law, including but not limited to the Political Reform Act (Gov’t Code § 87100, et seq.), Government Code sections 1090 and 1126, and all other similar statutory or administrative rules. Galloway-Cooper represents and warrants that she has no financial, contractual or other interest or obligation that conflicts with or is harmful to the performance of her obligations under this Agreement. 13. Indemnification. Except as provided in paragraph 20 below, for the purposes of indemnification and defense of legal actions that may be brought against Galloway-Cooper in the future arising from Galloway-Cooper ’s employment with the City, Galloway-Cooper shall be considered an employee of the City and shall be entitled to the same rights as other employees of the City as set forth in the Government Code. 14. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or sent by U.S. Mail, first class postage prepaid, to the following address: To City: City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93420 Attn: City Manager Page 3 of 6 To Galloway-Cooper : Guadalupe, CA 93434 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the United States Mail. 15. Entire Agreement. This Agreement supersedes any and all prior understandings or agreements, written or oral, between the parties, and contains all of the covenants and agreements between the parties regarding the subject matter herein. Each party acknowledges that no promises, representations, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not set forth herein. No modification to this Agreement shall be effective unless reduced to writing and signed by both parties. 16. Severability. In the event any provision of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force an effect. 17. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. 18. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The exclusive venue for all disputes arising from or related to this Agreement shall be the Superior Court for the County of San Luis Obispo. 19. Interpretation. Each party and its counsel (if sought) have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 20. Effect of Agreement on CalPERS Retirement Benefits. City makes no representation on the impact, if any, this Agreement shall or may have upon Galloway-Cooper’s CalPERS retirement benefits, status, duties and/or obligations. Galloway-Cooper acknowledges that in entering into this Agreement, she has not relied upon any such representations in assessing the CalPERS-related impact of her employment. Therefore, Galloway-Cooper releases City from any and all CalPERS-related claims or liabilities that may arise in connection with her employment pursuant to this Agreement. 21. Independent Legal Advice. City and Galloway-Cooper represent and warrant to each other that each has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party’s own judgment and advice of independent legal counsel (if sought). Page 4 of 6 22. Compliance with AB1344. Notwithstanding any other provision of this Agreement, the parties agree to fully comply with the Government Code sections that are part of AB 1344, as it was effective on January 1, 2012, (“AB 1344”) to the extent that they are applicable to this Agreement and to fully comply with other applicable law as it exists as of the date of execution of this Agreement. In that regard, to the extent that they are applicable to this Agreement, the following Government Code sections are hereby incorporated into the terms of this Agreement: Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position. Section 53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position. Section 53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position. Section 53243.3. Abuse of office or position defined. Page 5 of 6 CITY OF ARROYO GRANDE CAROLYN GALLOWAY-COOPER Caren Ray Russom, Mayor ATTEST: Kelly Wetmore, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney Page 6 of 6 OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4950 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of November, 2019. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of November, 2019. L42-' KELLY TM 5 RE, CITY CLERK