Loading...
SR - RES-10754 - EMPLOYMENT EXTENSION FINANCE DIRECTOROF 0 Po " � O G ' cn 9 '1 •. ,O 4 CpUN Cp. AGENDA ITEM January 14, 2014 TO: Honorable Mayor and Members of the City Council FROM: John W. Sibley City Manager Wayne W. Winthers City Attorney ReviewedNeri ed By: City Manager Finance Dire or To Be PresentNW.5ohn Sibley Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Cmtes _ Public Hrgs X Admin Reports Plan/Environ 1. SUBJECT Adoption of Resolution No. 10754 certifying the critical need for the immediate appointment of Richard Jacobs as Finance Director while a nationwide recruitment is completed. 2. SUMMARY __7 Per the recently adopted Public Employee Pension Reform Act (PEPRA) effective January 1, 2013, all Miscellaneous (non - safety) retirees that desire to return to work on a part-time (960 hour per fiscal year) basis must wait 180 days (6 months) unless the city council certifies that the nature of the employment and the appointment is necessary to fill a critically needed position. 3. RECOMMENDED ACTION Approve Resolution No. 10754 making the necessary certification to allow the immediate appointment of the retiring Finance Director. 4. FISCAL IMPACT The reinstatement of Mr. Jacobs as a part-time Finance Director (retired) will save the City costs of all payroll benefits, as well as salary savings during the recruitment and selection process. Mr. Jacobs will be compensated within the requirements of Government Code section 21221(h), which is no more than the position's published monthly salary divided by 173.33 to determine an hourly wage. 5. STRATEGIC PLAN GO N/A ITEM 7- / 1 01/14/14 6. GENERAL PLAN IMPLEMENTATION N/A 7. DISCUSSION and BACKGROUND Our current Finance Director, Mr. Rich Jacobs has notified the City of his decision to retire effective January 17, 2014. Mr. Jacobs has been our Finance Director for the past ten years. While we have begun recruitment for a Finance Director it has been difficult to attract quality, qualified candidates over the holiday season, thus the recruitment will continue into early 2014. Based on the new PEPRA law, retirees that the City requests return to work on a part-time (960 hour per fiscal year) basis must wait 180 days (6 months) after their retirement date before they can return to their previous position unless the city council certifies that the nature of the employment and the appointment is necessary to fill a critically needed position.. The attached resolution makes this certification based upon the following: • there has not been adequate time to complete a recruitment over the recent holidays; • cut -backs over the past few years means there are currently no "in- house" candidates that are fully qualified to temporarily fill this key position; • Mr. Jacobs' knowledge and skill level in this position for the past ten (10) years; • leadership and oversight required of a department of over thirty (30) employees; • oversight needed in the preparation of the annual CIP Budget and Operating Budgets, as well as City Council Budget briefings and Study Sessions; • winding -down the former Redevelopment Agency, monitoring and meeting and conferring with the State Department of Finance over the Recognized Obligation Payment Schedule (ROPS) as well as the on -going lawsuit over the Low and Moderate Income Housing Asset Transfer form (Serrano Woods); • oversight of debt service payments on all outstanding bonds, as well as updating the rating agencies Fitch and Standard & Poors on our credit ratings for these outstanding bonds; • completion of projects currently underway in Utility Billing and Business Licensing that will interface both systems with our existing Laser Fiche system for records retention; and • completion of the Payroll project currently underway to integrate the payroll timekeeping system (Intellitime) with Developer Billing for staff time to be seamlessly charged to developer's deposits. Rich Jacobs has over 25 years of municipal governmental accounting experience, with ten (10) years as our Finance Director. He holds a bachelor's degree in Accounting, a Master's Degree in Business Administration, a Juris Doctorate degree in Law, and is a Certified Public Accountant ITEM 2 01/14/14 (CPA) certificate holder. Rich Jacobs has been instrumental in the wind down of the former Redevelopment Agency, the completion of the annual external audit, and the preparation of next year's Operating and Capital Budgets. He is also a key player in the oversight of Orange's $120 million dollar investment portfolio, external Investment Advisory Committee, and critical to banking operations including approving all wire transfers and signing all checks. While Mr. Jacobs' retirement date is January 17, 2014 it is my desire to bring him back as a part- time employee effective January 20, 2014 for a period not to exceed 960 hours while a thorough nationwide recruitment has been completed. I have asked Rich to assist in the selection of his replacement. Additionally the Council has recently appointed a new City Treasurer and we have recently re- assigned our Internal Audit Manager to replace our retired Accounting Manager. Thus we have new staff at both of these critical positions as well. For these reasons I strongly recommend that the Council adopt the attached Resolution to allow this critical department to have continuity between the current Director and the selection of the new Director. 18. ATTACHMENTS Resolution No. 10754 ITEM 3 01/14/14 RESOLUTION NO. 10754 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE CERTIFYING THE NEED FOR THE IMMEDIATE EMPLOYMENT EXTENSION OF FINANCE DIRECTOR RICHARD JACOBS. WHEREAS, Richard Jacobs, Finance Director, has announced his retirement from the City of Orange effective January 17, 2014; and WHEREAS, there has not been adequate time to conduct a recruitment to fill this critical position; and WHEREAS, Government Code Section 7522.56 allows a retired employee to continue to work for a public employer for a term not to exceed 960 hours in a 12 month period under certain conditions; and WHEREAS, Government Code Section 7522.56(f)(1) further that a retired employee must wait 180 days before returning to work for a public employer, unless the City Council certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days has passed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange does hereby certify that the position of Finance Director of the City of Orange is a critical position within the City structure; and FURTHER, the City Council of the City of Orange certifies that it is necessary to immediately appoint Richard Jacobs by virtue of his 10 years in the position of the City's Finance Director and over 25 years of municipal governmental accounting experience to fill this critical need as there is no other viable candidate who can immediately perform the requirements of the position. ADOPTED this day of , 2014 Teresa E. Smith, Mayor, City of Orange ATTEST: Mary E. Murphy, City Clerk, City of Orange