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CC RESOLUTION 5016RESOLUTION NO. 5016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY EMPLOYMENT AGREEMENT FOR INTERIM POLICE CHIEF SERVICES IN CONFORMANCE WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND STATE LAW REQUIREMENTS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and declares as follows A. The Police Chief is terminating his employment with the City effective at midnight on December 30, 2016. B. The City Manager has commenced the recruitment process to fill the Police Chief position. C. Until the permanent Police Chief position is filled, the City requires the services of a qualified Police Chief on an interim basis to manage the day - to -day affairs of the Police Department. D, The position of Interim Police Chief requires specialized skills and experience associated with running a Police Department which is an integral part of a City providing public safety services. E, State law provides that, under specified circumstances, a retired annuitant in the California Public Employees' Retirement System ( "CalPERS ") may accept temporary employment with a public employer in the CalPERS system without affecting his or her retirement benefits. F. The City Manager believes the most qualified candidate willing to accept the interim position is CalPERS retiree Mitchell Tavera. G. Mr. Tavera has been employed as a police officer by the City of El Segundo for 36 years and rose up through the ranks of sergeant, lieutenant, captain and Police Chief during this time period. Mr. Tavera has served as the City's Police Chief for the past 6 years. H. The City Council desires to enter into a temporary employment agreement with Mr. Tavera for Interim Police Chief Services. Page 1 of 3 Pursuant to Government Code sections 7522.56(d) and 21224(a), the rate of pay for the Interim Police Chief position may not be less than the minimum, nor exceed the maximum, monthly salary paid by the City to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. J. A temporary employment agreement has been negotiated by the City Attorney and Mr. Tavera and presented for the Council's consideration. SECTION 2. The Mayor and Chair is authorized to execute the attached Employment Agreement for Interim Police Chief Services with Mr. Mitchell Tavera. PASSED AND ADOPTED this 20th day of December, 2016. ATTEST: Tracy Wea r, City Clerk APPROVED AS TO FORM: � Mark D. Hensley„ ttorney m rUza n Fuentes, Mayor Page 2 of 3 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. 5016 was duly passed, approved and adopted by said City Council at a regular meeting held on the 201h day of December, 2016, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Brann, Council Member Pirsztuk, Council Member Dugan NOES: ABSENT: ABSTAIN: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 24th day of January, 2017. Tr icy Weaver,,O�y, Clerk of the City of El grundo, California Page 3 of 3