CC - 2021-43 - Appointing a Retired Annuitant to the position of Interim Community Development Director for a limited duration pursuant to Government Code Section 21221(h)RESOLUTION NO. 2021-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD APPOINTING A RETIRED ANNUITANT
TO THE POSITION OF INTERIM COMMUNITY
DEVELOPMENT DIRECTOR FOR A LIMITED DURATION
PURSUANT TO GOVERNMENT CODE SECTION 21221(h)
WHEREAS, in compliance with Government Code Section 21221(h) of the Public
Employees' Retirement Law, the City of Rosemead must provide Ca1PERS this certification
resolution when hiring a retiree; and
WHEREAS, Mark Persico is a retired annuitant as further detailed in the Employment
Agreement attached hereto as Exhibit A; and
WHEREAS, the Rosemead City Council, the City of Rosemead and Mark Persico certify
that Mark Persico has not and will not receive a Golden Handshake or any other retirement -related
incentive; and
WHEREAS, the Rosemead City Council hereby appoints Mark Persico as an interim
retired annuitant to the vacant position of Mark Persico for the City of Rosemead under
Government Code Section 21221(h), effective September 29, 2021; 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 that the job opening for the permanent
position has been publicly posted, applications are being accepted and candidates are being
reviewed; and
WHEREAS, this Section 21221(h) appointment shall only be made once and therefore
will end no later than September 29, 2022 and as further detailed in the Employment Agreement
attached hereto as Exhibit A; and
WHEREAS, the entire employment agreement, contract or appointment document
between Mark Persico and the City of Rosemead has been reviewed' by this body 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 except as may
be exempted under the Governor's State of Executive Order N-25-20; 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 base salary for the position of Community Development
Director as listed on a publicly available pay schedule is $13,557 per month and the hourly
equivalent is $78.21, and the minimum base salary for this position is $9,824 per month and the
hourly equivalent is $56.68; and
WHEREAS, the hourly rate paid to Mark Persico will be $78.21 per hour; and
WHEREAS, Mark Persico 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
as so provided in Government Code § 21221(h) and related Ca1PERS regulations and policy
statements; and
WHEREAS, the expenses related to the of hiring the Retired Annuitant have no net impact
to the General Fund, as the salary for this position is included in the adopted Fiscal Year 2020-21
budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead
hereby certifies the nature of the appointment of Mark Persico as described herein and that this
appointment is necessary to fill the critically needed position of Interim Community Development
Director for the City of Rosemead by September 29, 2021, because the City has a vacancy in this
permanent position and the City needs to ensure adequate staffing during this state of emergency.
PASSED, APPROVED AND ADOPTED, this 29th day of September,, 2021.
APPROVED AS TO FORM:
Rachel Richman, City Attorney
Polly L'o' , Mayes
ATTEST:
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2021-43, was duly adopted
by the City Council of the City of Rosemead, California, at a special meeting thereof held on
the 29th day of September, 2021, by the following vote, to wit:
AYES: ARMENTA, CLARK, DANG, LOW, LY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Ericka Hernandez, City Clak