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HomeMy WebLinkAbout8.2 Resolution Approving an Exception to the CalPERS 180-Day Waiting STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 8.2 DATE: November 4, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Resolution Approving an Exception to the CalPERS 180-Day Waiting Period for Retired Annuitant, Gregory Shreeve, in Accordance with Government Code Sections 7522.56 and 21224 Prepared by: Sarah Monnastes, Human Resources Director EXECUTIVE SUMMARY: The City Council will consider adopting a resolution approving an exception to the 180 -day waiting period required under Government Code Section 7522.56(f) for hiring retired annuitants. Approval of this exception will allow the City to rehire Gregory Shreeve, who is retiring from the City on November 4, 2025, on a temporary, part-time basis in the Community Development Department. Specifically, Gregory will provide specialized technical and programmatic support to facilitate knowledge transfer and ensure operational continuity within the Building Division. This exception is necessary to maintain operational continuity, preserve institutional knowledge, and ensure uninterrupted service delivery during the leadership transition within the Building Division. STAFF RECOMMENDATION: Adopt the Resolution Approving an Exception to the CalPERS 180-Day Waiting Period for Retired Annuitant, Gregory Shreeve, in Accordance W ith Government Code Sections 7522.56 and 21224. FINANCIAL IMPACT: The cost of the temporary appointment will be funded through the Community Development Department’s existing personnel budget. No additional budget appropriation is required. The appointment will be compensated at a rate within the salary range of Chief Building Official, not to exceed the top step of the publicly available pay schedule. No benefits, incentives, or additional compensation will be provided. The employment shall be limited to 960 hours per fiscal year. 375 Page 2 of 3 DESCRIPTION: Background CalPERS rules generally prohibit hiring retired annuitants to permanent or regular staff positions without reinstatement from retirement and require a minimum waiting period of 180 days following retirement. However, there are some limited exceptions to th at prohibition allowed by Government Code section 7522.56. Section 21221(h) of the Government Code allows a retiree to serve without reinstatement from retirement for a single interim appointment to a vacant managerial, executive or other unique position (called “vacant position” employment). Similarly, Government Code section 21224 allows agencies to hire retirees to perform work of limited duration, such as the elimination of backlogs, limited term special project work, or to do work in excess of what r egular permanent staff can do (called “extra help” employment). To waive the 180-day waiting period, a public agency must adopt a resolution certifying the nature of employment and that the appointment is necessary to fill a critically needed function before the 180 days have passed. Discussion Chief Building Official Gregory Shreeve recently submitted his resignation and retirement. His last day with the City is November 4, 2025. Gregory served as the City’s Chief Building Official, overseeing building inspection, plan review, and permitting functions to ensure compliance with state and local building codes. With nearly 30 years of experience in building and construction regulation, he is recognized for his expertise in code administration and process improvement. Gregory has played a key role in advancing the City’s development services through the implementation of efficient permitting systems and high standards of customer service. If approved to assist the City in an extra-help capacity, Gregory will provide specialized technical and programmatic support to facilitate knowledge transfer and ensure operational continuity within the Building Division. His primary focus will be on training and systems optimization related to the City’s permitting software, EnerGov. This work will include providing hands-on training and mentorship to the incoming Chief Building Official to support a smooth leadership transition and maintain continuity of critical operations. Gregory will also update system programming and configuration to enhance functionality and efficiency, as well as develop comprehensive user manuals and training materials to support staff in the continued use of the system. In addition, he will create clear programming instructions for functions and workflows that require regular updates, ensuring staff can maintain and adjust the system as needed. Lastly, Gregory will identify opportunities to streamline processes and improve overall system performance. This assignment is particularly important to preserve and transfer historical knowledge related to the City’s permitting history, division operations, and EnerGov system configuration. Additional responsibilities may be assigned by the Community Development Department as needs arise. 376 Page 3 of 3 This appointment meets the statutory requirements for an exception under Government Code Section 7522.56(f), as the City has determined tha t Gregory’s post-retirement services are necessary to perform critically needed functions that cannot be deferred 180 days without risk to essential operations. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving an Exception to the CalPERS 180-Day Waiting Period for Retired Annuitant, Gregory Shreeve, in Accordance W ith Government Code Sections 7522.56 and 21224 2) Exhibit A to the Resolution – Employment Agreement Between City of Dublin and Gregory Shreeve 377 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 11/04/2025 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN EXCEPTION TO THE CALPERS 180-DAY WAITING PERIOD FOR RETIRED ANNUITANT GREGORY SHREEVE, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WHEREAS, in compliance with Government Code section 7522.56 the Dublin City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since his or her retirement date; and WHEREAS, Gregory Shreeve (CalPERS ID XXXXXXXXXX) retired from the City of Dublin in the position of Chief Building Official, effective November 4, 2025; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is May 5, 2026, without this certification resolution; and WHEREAS, 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 Dublin City Council, the City of Dublin and Gregory Shreeve certify that Gregory Shreeve has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the Dublin City Council hereby appoints Gregory Shreeve as an Extra-Help retired annuitant to perform the duties of the Chief Building Official for the City of Dublin under Government Code section 21224, effective December 1, 2025; and WHEREAS, the Dublin City Council has determined that Gregory Shreeve’s specialized knowledge and technical expertise are critical to ensuring continuity of operations and effective knowledge transfer during a key leadership transition; and WHEREAS, the entire employment agreement document between Gregory Shreeve and the City of Dublin has been reviewed by this body and is attached herein as Exhibit A; 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 WHEREAS, the maximum base salary for this position is $17,385.10 and the hourly equivalent is $100.2986, and the minimum base salary for this position is 13,908.31 and the hourly equivalent is $80.2402; and 378 Reso. No. XX-25, Item X.X, Adopted 11/04/2025 Page 2 of 2 WHEREAS, the hourly rate paid to Gregory Shreeve will be $100.2986; and WHEREAS, Gregory Shreeve has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council hereby certifies the nature of the employment of Gregory Shreeve as described herein and detailed in the attached employment agreement. The Council finds and declares that this appointment is necessary to ensure operational continuity and maintain the City’s ability to effectively administer permitting, plan review, and inspection services during a key leadership transition within the Building Division. Mr. Shreeve’s specialized knowledge and technical expertise are critical to supportin g the City’s EnerGov permitting system, training staff, and developing procedures that will preserve institutional knowledge and sustain essential operations. BE IT FURTHER RESOLVED that Mr. Shreeve’s title during this appointment will be Chief Building Official; however, he will not be assuming the full scope of the Chief Building Official’s responsibilities. His role as a retired annuitant will be focused on knowledge transfer, technica l support, and system optimization. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the agreement attached hereto as Exhibit A and to make any necessary non-substantive changes to carry out the intent of this Resolution. Mr. Shreeve’s appointment will begin on December 1, 2025, and will not exceed 960 hours in any fiscal year, in compliance with Government Code Sections 7522.56 and 21224, and applicable California Public Employees’ Retirement System (CalPERS) regulations. PASSED, APPROVED AND ADOPTED this 4th day of November 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 379 Attachment 2 Exhibit A to the Resolution Employment Agreement EMPLOYMENT AGREEMENT BETWEEN CITY OF DUBLIN AND GREGORY SHREEVE This Employment Agreement (“Agreement”) is entered into this 4th day of November 2025, by and (“City”), and Gregory Shreeve (“Employee” or “Retired Annuitant”), collectively referred to as “the Parties.” Employee’s primary responsibilities will include: • •Supporting system optimization and configuration of the City’s permitting system (EnerGov); • • • 380 Exhibit A to the Resolution Employment Agreement 5. At-Will Appointment This employment is strictly at-will. The City Manager may terminate this Agreement and the employment relationship at any time, with or without cause or advance notice. Employee may resign at any time with written notice to the City. 6. CalPERS Compliance Employee is a CalPERS retiree and will be employed under the provisions of Government Code Sections 7522.56 and 21224. The Parties acknowledge and agree: • Employee shall not work more than 960 hours per fiscal year; • Employee shall not receive any benefits or compensation beyond the hourly rate identified in Section 4; • Employee shall not have been offered or received a Golden Handshake or any other retirement incentive; • The City will maintain records necessary to comply with all CalPERS reporting requirements. 7. Entire Agreement This document constitutes the entire agreement between the Parties. Any modification of this Agreement shall be in writing and signed by both Parties. 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF DUBLIN RETIRED ANNUITANT By: _______________________________ By: ________________________________ Colleen Tribby, City Manager Gregory Shreeve, Retired Annuitant Date: _____________________________ Date: ______________________________ Approved as to form: ___________________________________ City Attorney 381 Exception to CalPERS 180-Day Waiting Period 382 Summary •Council to consider exception to 180-day waiting period. •Enables rehire of retired Chief Building Official, Gregory Shreeve. •Temporary, part-time extra-help role to support Building Division. •Focus on knowledge transfer and EnerGov system optimization. 383 CalPERS Rules for Retired Workers Must wait 180 days after retirement date before working for a CalPERS employer. Salary must be an hourly pay rate that falls within the regular salary schedule. No other compensation or benefits, except hourly rate of pay. Maximum of 960 hours worked within a fiscal year. No accrual of service credit or any other retirement rights or benefits. 384 Exception to 180-Day Rule •Extra-help position •Limited duration •Elimination of backlog, special project, or to perform work in excess of what regular staff can do Government Code Section 7522.56 & 21224 •For a vacant position •Agency must be actively recruiting for a permanent replacement •Ex., Interim City Manager, Interim Department Head or other unique managerial or executive position Government Code Section 7522.56 & 21221(h) Requires Approval by Agency’s Governing Body 385 Need for Exception •Gregory Shreeve retires today, November 4, 2025 after nearly 30 years of Service to the City of Dublin. •His knowledge and skills are needed to: •Train and mentor incoming Chief Building Official. •Optimize EnerGov permitting system configuration. •Develop user manuals and procedural guides. •Support process improvements and service efficiency through technology enhancement. 386 Fiscal Impact Estimated cost of $77,000 Funded through existing budget using salary savings No additional funds needed 387 Staff Recommendation Adopt the Resolution Approving an Exception to the CalPERS 180- Day Waiting Period for Retired Annuitant, Gregory Shreeve, in Accordance with Government Code Sections 7522.56 and 21224 388 Questions? 389