SR - RES-11050 - APPOINTMENT OF JOE DEFRANCESCO AS INTERIM PUBLIC WORKS DIRECTOR1. SUBJECT
Adoption of Resolution No. 11050 certifying the critical need for the immediate appointment of
Joe DeFrancesco as Interim Public Works Director while a recruitment is completed.
2. SUMMARY
Per the 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.
13. RECOMMENDED ACTION
Approve Resolution No. 11050 making the necessary certification to allow the immediate
appointment of the retiring Public Works Director.
4 FISCAL IMPACT
The reinstatement of Mr. DeFrancesco as a part -time Public Works Director (retired) will save
the City costs of all payroll benefits, as well as salary savings during the recruitment and
selection process. Mr. DeFrancesco 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 GOAL(S)
1 6. GENERAL PLAN IMPLEMENTATION
N/A
7. DISCUSSION and BACKGROUND
The City's current Public Works Director, Mr. Joe DeFrancesco has notified the City of his
decision to retire effective December 27, 2017. Mr. DeFrancesco has been the Public Works
Director for the past nine years. The recruitment process for a Public Works Director has begun
but will take some time to complete.
It is my intent to have Mr. DeFrancesco serve as Interim Public Works Director upon his
retirement. PEPRA requires that 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;
• The freezing of vacant positions and related staffing reductions over the past few years
means that the Public Works Department lacks adequate resources to perform all the
necessary functions in the Department,
• Mr. DeFrancesco's knowledge and skill level in this position for the past nine years and
in the Department for 36 years;
• Leadership and oversight required of a department of over one hundred thirty (130)
employees; and
• The loss of at least five senior members of the Public Works Department due to
retirement and the need to recruit and hire new employees;
While Mr. DeFrancesco's effective retirement date is December 27, 2017, it is my desire to bring
him back as a part -time employee effective January 2, 2017 for a period not to exceed 960 hours
while a thorough recruitment is completed.
For these reasons, I recommend that the City Council adopt the attached Resolution to allow this
critical department to have continuity between the current Director and the selection of the new
Director.
8. ATTACHMENTS
Resolution No. 11050
ITEM 2 12/12/17
RESOLUTION NO. 11050
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CERTIFYING THE NEED FOR
THE IMMEDIATE EMPLOYMENT OF JOE
DEFRANCESCO AS INTERIM PUBLIC WORKS
DIRECTOR AND WAIVER OF THE 180 DAY WAIT
PERIOD.
WHEREAS, Joe DeFrancesco, Public Works Director, has announced his retirement
from the City of Orange effective December 27, 2017; and
WHEREAS, a recruitment has begun but there has not been adequate time to fill this
critical position; and
WHEREAS, Government Code Section 21221(h) 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 also provides for the maximum levels of compensation; and
WHEREAS, Government Code Section 7522.56(1)(1) provides further that a retired
employee must wait 180 days before returning to work for a public employer, unless the City
Council certifies that due to the nature of the employment, the appointment of Joe DeFrancesco is
necessary to fill a critically needed position before 180 days has passed since his retirement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
does hereby certify that the position of Public Works 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 Joe DeFrancesco to this position on an interim basis for reasons which
include, but are not limited to:
knowledge and skill level attained by virtue of his 9 years in the position as the City's
Public Works Director and 36 years of experience in the Public Works Department;
Staffing reductions over the past few years means that the Public Works Department lacks
adequate resources to perform all the necessary functions in the Department;
leadership and oversight required of a department of over 130 employees,
the loss of at least five senior members of the public works department due to retirement
and the need to recruit and hire new employees.
The appointment of Mr. DeFrancesco to fill this critical need meets the requirements of both
Government Code sections 21221(h) and 7522.56(t)(1).
ADOPTED this day of , 2017