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9.B. - Page 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> April 28, 2014 <br /> SUBJECT <br /> Exception to Public Employee Pension Reform Act 180-Day Wait Period to Hire Retired <br /> Annuitant to Perform Finance Director Duties <br /> RECOMMENDATION <br /> Adopt a Resolution approving an exception to the Public Employee Reform Act <br /> (PEPRA) 180-day waiting period to hire retired annuitant, Brian Ponty, to perform critical <br /> Finance Director duties associated with oversight and effective execution of Finance <br /> operations for a limited time in 2014. <br /> BACKGROUND <br /> Assembly Bill 340, the Public Employee Pension Reform Act of 2013 also known as <br /> PEPRA, was signed into law on September 12, 2012 and went into effect on January 1, <br /> 2013. PEPRA created Government Code Section 7522.56 which requires public agency <br /> retirees to wait 180 days after retirement before returning to work for a public agency. <br /> Exceptions to this waiting period can be granted if the City Council determines that the <br /> appointment of the retiree is necessary to fill a critically-needed position and that other <br /> conditions, as outlined in the attached resolution, have been met. <br /> ANALYSIS <br /> Brian Ponty, Finance Director, has been employed by the City of Redwood City for 29 <br /> years and is retiring, effective May 10, 2014. As Finance Director, he performs critical <br /> daily tasks to oversee management of the City's budgets, investments and accounts in <br /> order to ensure the fiscal health and effective operation of the City. This includes <br /> oversight of such functions as budget preparation and monitoring, financial reporting, <br /> treasury management, payroll, accounts payable, general liability, property risk <br /> management, utility billing, business license administration, accounts receivable, and <br /> purchase order processing. <br /> The recruitment for the Finance Director position was opened on January 23 and closed <br /> on February 17, 2014. The City is in the process of reviewing candidates and will not be <br /> able to make an appointment prior to Mr. Ponty's May 10 retirement date. In order to <br /> provide continued oversight of critical Finance functions and complete preparations for <br /> adoption of the 2014-15 budget, it is necessary for Mr. Ponty to remain at work beyond <br /> his retirement through June 30, 2014 or sooner depending on the timing of appointing a <br /> successor. <br />