HomeMy WebLinkAboutCC Reso 2023-06 RESOLUTION NO. 2023-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, HEREBY CERTIFYING THE NATURE OF THE
EMPLOYMENT OF STEPHEN TUMIR AS PROVIDED IN THE
EMPLOYMENT AGREEMENT AND THAT THIS APPOINTMENT IS
NECESSARY TO FILL THE CRITICALLY NEEDED POSITION OF FIRE
BATTALION CHIEF FOR THE CITY OF CATHEDRAL CITY BY MAY 1,
2023, PURSUANT TO GOVERNMENT CODE SECTION 7522.56 AND
21221(h)
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the
Public Employees' Retirement Law, the City of Cathedral City must provide CaIPERS this
certification resolution when hiring a retiree before 180 days has passed since their
retirement date; and
WHEREAS, Stephen Tumir, CaIPERS ID 1408501467 retired from the City of
Cathedral City in the position of Fire Battalion Chief, effective April 05, 2023; 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 03, 2023
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 Cathedral City and Stephen Tumir certify
that Stephen Tumir 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 the
retiree is appointed into the interim appointment during recruitment for a permanent
appointment; and
WHEREAS, the governing body has authorized the search for a permanent
appointment on April 6, 2023; and
WHEREAS, the City Council hereby appoints Stephen Tumir as an interim
Appointment, retired annuitant to the vacant position of Fire Battalion Chief for the City of
Cathedral City under Gov. Code section 21221(h), effective May 01, 2023; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made
once and therefore will end on December 1, 2023; and
WHEREAS, the entire employment agreement, contract or appointment document
between Stephen Tumir and the City of Cathedral City has been reviewed by this body
and is attached herein; 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
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 $13,361.44 and the
hourly equivalent is $54.91, and the minimum base salary for this position is $10,207.64
and the hourly equivalent is $41.95; and
WHEREAS, the hourly rate paid to Stephen Tumir will be $54.91; and
WHEREAS, Stephen Tumir 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
THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the
nature of the employment of Stephen Tumir as described herein and detailed in the
attached employment agreement, contract, or appointment document and that this
appointment is necessary to fill the critically needed position of Fire Battalion Chief for the
City of Cathedral City by May 01, 2023 because the Fire department does not have a
current promotional list and it will need to conduct a recruitment for the position of Fire
Battalion Chief. Having a vacant/open position will cause an adverse impact on other Fire
Battalion Chiefs and will leave the department unprepared for fire season.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Cathedral City held on this 26th day of April 2023, by the following vote:
Ayes: Councilmembers Gutierrez, Gregory and Ross; Mayor Pro Tem Carnevale
and Mayor Lamb
Noes: None
Absent: None
Abstain: None
Rita Lamb, Mayor
ATTEST:
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Tracey F -lermosillo, City Clerk
APPROVED O •
Eric S. Vail, City Attorney