CC RESOLUTION 5410RESOLUTION NO. 5410
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO APPOINTING DAVID CAIN AS INTERIM
CHIEF FINANCIAL OFFICER IN CONFORMANCE WITH
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND STATE LAW REQUIREMENTS.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds:
A. Employment for the City's current Chief Financial Officer ("CFO") will end on
May 11, 2023.
B. The City Council authorized the search for a permanent CFO on April 11,
2023.
C. Until a permanent CFO position is filled, the City requires the services of a
qualified financial professional to carry out the CFO's day-to-day duties,
which require specialized skills and experience.
D. State law (Gov. Code, § 21221(h)), provides that, under specified
circumstances, a retired annuitant in the California Public Employees'
Retirement System ("CaIPERS") may accept temporary employment with a
public employer in the CaIPERS system without affecting his or her
retirement benefits.
E. State law permits the governing body of such public employer to appoint a
CaIPERS retiree to a vacant position requiring specialized skills during
recruitment for a permanent appointment and provides that such
appointment will not subject the retired person to reinstatement from
retirement or loss of benefits so long as it is a single appointment that does
not exceed 960 hours in a fiscal year.
F. Pursuant to the City's review of candidates, the City Council finds that David
Cain, a CaIPERS retiree, has decades of public finance experience with
varied public entities and is qualified to temporarily serve as the City's CFO
until the position is permanently filled, subject to the limitations stated above.
G. The City desires to appoint David Cain as an interim appointment retired
annuitant for services as interim CFO, effective May 16, 2023, pursuant to a
temporary employment agreement..
H. David Cain has not and will not receive a Golden Handshake or any other
retirement -related incentive pursuant to the proposed engagement.
RESOLUTION NO. 5410
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Pursuant to Government Code §§ 75522.56(d) and 21224(a), the
compensation paid to David Cain will not 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 he will not receive any other benefit, incentive, compensation in lieu of
benefit or other form of compensation in addition to his hourly pay rate.
SECTION 2. Approval. The City Council approves the temporary employment
agreement for David Cain, in the form attached to the staff report to which this Resolution
attached and presented to the City Council. The Mayor or City Manager are authorized
to execute such agreement.
SECTION 3. Severability. If any part of this Resolution or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Resolution are severable.
SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is
directed to attest thereto.
SECTION 5. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
SECTION 6. City Clerk Direction. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and make a
record of this action in the meeting's minutes.
PASSED AND ADOPTED this 2"d day of May, 2023.
Drew Bayles„
ATTEST:
Tracy We er, City Clerk
APPROVED AS TO FORM:
Mar D. Hensley, City Attorney
RESOLUTION NO. 5410
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5410 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 2"d day of May, 2023, approved and signed by the Mayor,
and attested to by the City Clerk, by the following vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk,
Council Member Giroux and Council Member Baldino
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this A day of May, 2023.
r it
T Y Y Clerk c Weave C
of the City of El Segundo,
California
RESOLUTION NO.5410
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