HomeMy WebLinkAbout2021-059 - Exception to the 180-Day Wait PeriodRESOLUTION NO. 2021-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FOR EXCEPTION TO THE 180-DAY WAIT
PERIOD IN COMPLIANCE WITH GOVERNMENT CODE
SECTIONS 7522.56 AND 21224
WHEREAS, In compliance with Government Code Section 7522.56, the City
Council of the City of Santa Ana must provide CalPERS this certification resolution
when hiring a retiree before 180-days have passed since his or her retirement date; and
WHEREAS, Kenneth Gominsky Jr., CalPERS ID1833203649, retired from the
City of Santa Ana from the position of Police Captain, effective August 4, 2021; and
WHEREAS, Government Code Section 7522.56 requires that post -retirement
employment commence no earlier than 180-days after the retirement date, which is
January 31, 2022 without this certification resolution; and
WHEREAS, Government 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 of the City of Santa Ana, the City of Santa Ana and
Kenneth Gominsky Jr. certify that Kenneth Gominsky Jr. has not and will not receive a
Golden Handshake or any other retirement -related incentive; and
WHEREAS, The City Council of the City of Santa Ana hereby appoints Kenneth
Gominsky Jr. as an extra -help retired annuitant to perform the duties of a Homeless
Services Division Manager- Retired Annuitant for the City of Santa Ana under
Government Code Section 21224 effective September 22, 2021; and
WHEREAS, the entire employment agreement, contract or appointment
document between Kenneth Gominsky, Jr. and the City of Santa Ana 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; 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
Resolution 2021-069
Page 1 of 3
WHEREAS, The minimum base salary for this position is $9,865 and the hourly
equivalent is $56.91 and the maximum base salary for this position is $14,642 and the
hourly equivalent is $84.47; and
WHEREAS, The hourly rate paid to Kenneth Gominsky Jr. will be $84.47; and
WHEREAS, Kenneth Gominsky Jr. has not and will not receive any other benefit,
incentive, compensation in lieu of benefit, or other form of compensation in addition to
his hourly pay rate.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. The City Council of the City of Santa Ana hereby certifies the
nature of the employment of Kenneth Gominsky Jr. as described herein and detailed in
the attached employment agreement, appointment document, or employment document
and that this appointment is necessary to fill the critically needed position of Homeless
Services Division Manager — Retired Annuitant for the City of Santa Ana by September
22, 2021, to provide essential and specialized knowledge and expertise to expand the
City's homeless services and efforts.
Section 2. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 6th day of October 2021.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:X, A. R
Laura A. Rossini
Chief Assistant City Attorney
m
Vicente Sarmiento
Mayor
Resolution 2021-059
Page 2 of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Bacerra, Lopez, Mendoza,
Penaloza, Phan, Sarmiento (6)
None (0)
None (0)
NOT PRESENT: Councilmembers Hernandez (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-059 to be the original Resolution adopted by the City Council of the
City of Santa Ana on October 6. 2021.
Date: ID— /I �G/
Daisy GorAez
Clerk of the Council
City of Santa Ana
Resolution 2021-059
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CITY OF SANTA ANA
HUMAN RESOURCES DEPARTMENT
Jason R. Motsick
Executive Director of Human Resources
20 Civic Center Plaza • P.O. Box 1988
Santa Ana, California 92702
vmw.santa-ana.oro
September 14, 2021
Kenneth Gominsky Jr.
Dear Kenneth:
Congratulations, it is with great pleasure that I provide you with additional details regarding your
offer of employment as a Homeless Services Division Manager — Retired Annuitant for the City
of Santa Ana. To summarize our understanding, discussed below are the details of our
arrangement:
You are an "at -will" employee and serve at the pleasure of the City Manager. Your rate of pay is
$84.47 per hour with no other benefit, incentive, compensation in lieu of benefits, or other form
of compensation in addition to this hourly pay rate. You will be paid bi-monthly (the 5th & 20th of
each month). Your start date is Wednesday, September 22, 2021. Your duties include but are not
limited to:
• Facilitation and oversight to the City's homeless services and efforts.
• Coordinate homeless policies and initiatives with local government agencies, law
enforcement, city staff, and other community based organizations.
• Perform other specific projects as assigned.
In addition, your employment as a retired annuitant is contingent upon Council approval and
compliance with CaIPERS regulations for retired annuitants. You are hired by the City of Santa
Ana as a retired annuitant in a temporary, limited duration assignment not to exceed 960-hours
in a fiscal year (July [It through June 30th). You must ensure your employment remains in
compliance with CaIPERS regulations as stated in their "Employment After Retirement,
Publication 33". By signing this offer, you are also certifying that you have not received any
unemployment insurance compensation for prior retired annuitant employment with any public
Your knowledge, expertise, and work history demonstrating your skills to perform the work
required for these projects will assist the City in successfully implementing projects/programs.
We will contact you with the details for arriving on your first day.
Department Head or Designee:
I have discussed the conditional offer of employment with the retiree.
Lz�
v z
1as Motsick, Executive Director of Human Resources Date
Retiree:
I have received, read, and agree to the contents of this offer of employment. I understand that
this is an offer of at -will employment and that I do not have any recourse or right to appeal
should I not successfully meet the established qualification standards.
Signature
09/14/2021
Date