Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Stephen M. Wagstaffe, District Attorney
Subject: Critical Fill "Sit-Out" rule Waiver Request for Assistant District Attorney
RECOMMENDATION:
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Adopt a resolution authorizing the hiring of District Attorney's Office retired Assistant District Attorney James Wade pursuant to Government Code section 7522.56(F)(1) and finding that the nature of employment and appointment is necessary to fill a critically needed position during the 180 day post-retirement separation period.
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BACKGROUND:
In September 2012, the California Public Employees Pension Reform Act (PEPRA) as set forth in Assembly Bill 340 was signed into law. The PEPRA legislation includes provisions in Government Code section 7522.56 requiring a 180 day period of separation following the date of retirement for non-safety retirees who are re-employed by a public agency within the same retirement system as an employee or through a contract, unless the employer certifies that appointment is necessary to fill a critically needed position before the 180 day period has passed. For the exception to the 180 day separation period to apply, state law requires that the Board, as the County's governing body, approve the appointment in a public meeting by resolution and not on the consent calendar.
DISCUSSION:
On February 26, 2021, Assistant District Attorney James Wade retired after 33 years of service with the San Mateo County District Attorney's Office. Following years of trial work and supervision of various branches of the office, Assistant District Attorney Wade was responsible for managing two areas of critical importance for the office. Mr. Wade conducted all of our prosecutor recruitment duties, including outreach to law schools and the legal community with a particular emphasis on recruitment and hiring of a diverse workforce. It continues to be a particular focus of this off...
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