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File #: 18-783    Version: 1 Name:
Type: Resolution Status: Passed
File created: 8/13/2018 Departments: PUBLIC WORKS
On agenda: 9/4/2018 Final action: 9/4/2018
Title: Adopt a resolution authorizing the hiring of retired Public Works employee, Don Deluca, to an extra help position and certifying, pursuant to Government Code ?7522.56(f)(1), that the nature of employment and appointment is necessary to fill a critically-needed position before the post-retirement 180-day separation period expires.
Attachments: 1. 20180710_r_EH Retiree Appointment
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: James C. Porter, Director of Public Works
Subject: Resolution Certifying the Critical Need for Retiree Appointment

RECOMMENDATION:
title
Adopt a resolution authorizing the hiring of retired Public Works employee, Don Deluca, to an extra help position and certifying, pursuant to Government Code ?7522.56(f)(1), that the nature of employment and appointment is necessary to fill a critically-needed position before the post-retirement 180-day separation period expires.

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BACKGROUND:
In September 2012, the California Public Employees' Pension Reform Act, which is known as "PEPRA" (PEPRA), was signed into law as Assembly Bill 340 and effective on January 1, 2013. The PEPRA legislation includes provisions in Government Code ?7522.56 requiring a 180-day separation ("sit-out") period 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 the nature of the employment and that the appointment is necessary to fill a critically-needed position before the 180 days has passed.

For the exception to apply, legislation requires that your Board, as the employer's governing body, approve the appointment by resolution in a public meeting and the item not be placed on the consent calendar.

DISCUSSION:
Mr. Don Deluca was employed with the Department of Public Works (Department) as a Stationary Engineer II at the San Mateo Medical Center (SMMC), Health & Hospital Maintenance Section. Mr. Deluca announced his retirement to be effective on March 31, 2018, after serving almost 30 years with the Department. There is currently a shortage of staff in the Health and Hospital Maintenance Section, particularly experienced Stationary Engineers.

Mr. Deluca is a Boiler Watch Engineer, responsible for firing and maintaining proper...

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