CC RESOLUTION 5020 RESOLUTIONN0.5020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AUTHORIZING AN EXCEPTION TO THE 180-DAY WAIT
PERIOD FOR EMPLOYMENT OF A Ca1PERS RETIREE
WHEREAS, in compliance with Government Code section 7522.56 the City of
El Segundo must provide the California Public Employees' Retirement System
("CalPERS") this certification resolution when hiring a retiree before 180 days has
passed since his or her retirement date; and
WHEREAS, Martha Dijkstra resigned from the City of El Segundo in the position
of Director of Human Resources, effective December 30, 2016, and retired with Ca1PERS
effective December 31, 2016; and
WHEREAS, section 7522.56 requires that post-retirement employment
commence no earlier than 180-days after the retirement date, which is June 30, 2017;
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 incentives; and
WHEREAS, the City Council of the City of El Segundo and Martha Dijkstra
certify that Dijkstra has not and will not receive a Golden Handshake or any other
retirement-related incentive; and
WHEREAS, the City Council hereby appoints Martha Dijkstra as a retired
annuitant to perform special duties of limited duration under Government Code section
21224 related to pending labor negotiations between the City of El Segundo and City
employee labor organizations. The appointment shall be effective March 2, 2017; and
WHEREAS, the entire employment agreement, contract or appointment
document between Martha Dijkstra and the City of El Segundo 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
WHEREAS, the maximum monthly base salary for employees performing
comparable duties is $14,118 as set forth in the City's publicly available pay schedules
and the hourly equivalent is $81.45, and the minimum monthly base salary for
employees performing comparable duties is $11,806.40 as set forth in the City's
publicly available pay schedules and the hourly equivalent is $68.11; and
WHEREAS, the hourly rate paid to Martha Dijkstra will be $81.45; and
WHEREAS, Martha Dijkstra 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; and
THEREFORE, BE IT RESOLVED THAT the City of El Segundo City Council hereby
certifies the nature of the appointment of Martha Dijkstra as described herein and detailed
in the attached employment agreement/contract/appointment document and that this
appointment is necessary to fill the critically needed role of a labor negotiator for the City
of El Segundo because Ms. Dijkstra has specialized knowledge of the pending complex
labor negotiations between the City and several bargaining groups. Ms. Dijkstra's
experience, leadership, and knowledge are needed to provide continuity for the
negotiations until the conclusion of negotiations, or until a new Human Resources Director
may be able to fully undertake the complex negotiations.
PASSED, APPROVED, AND ADOPTED RESOLUTION No.5020,this 17th dayof
January,2017
$uz raa Fuentes, Mayor
ATTEST:
Trag''QY4 Cc ivec,4 City fea t+
APPROVED AS TO FORM:
_. '
IMarl< D� l-lc.ir�lcy„ C;' „y�,�itoN°ricy
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. 5020 was duly passed, approved and adopted by said City Council at a regular meeting held
on the 17`h day of January, 2017, 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: None
ABSENT: None
ABSTAIN: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 14" day of March, 2017.
V
.� Clerk
�'r'�cy W �°,
+''
of the City Segundo,
California
Agreement No. 5271
CITY OF EL SEGUNDO
EMPLOYMENT AGREEMENT FOR LABOR NEGOTIATION SERVICES
THIS EMPLOYMENT AGREEMENT FOR LABOR NEGOTIATON SERVICES
("Agreement") is made and entered into as of this 2nd day of March, 2017 by and between the
City of El Segundo, a California general law city ("City"), and Martha Dijkstra("Dijkstra").
RECITALS
A. Pursuant to Government Code sections 7522.56 and 21224, City desires to employ
Dijkstra, a California Public Employees' Retirement System (CaIPERS)retiree, on
an interim basis to provide labor negotiation services.
B. Pursuant to Government Code sections 7522.56 and 21224, the City Council finds
that the position of providing labor negotiation services requires specialized skills
and experience and that Dijkstra possesses the skills needed to perform this
function.
C. Dijkstra desires to accept appointment to the position under the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
contained herein,the parties agree as follows:
I. Duties. City hereby employs Dijkstra to provide labor negotiation services. She
will take direction from the City Manager and City Council as applicable.
2. Work Sched„ule. Dijkstra is expected to engage in the hours of work that are
necessary to fulfill the duties and obligations of the position. Dijkstra shall be available during
normal City business hours and shall be available for attendance at City Council and other
meetings during non-business hours as may be necessary. Dijkstra acknowledges that her duties
will often require performance of services outside of normal business hours.
3. Work Restrictions. It is the understanding of the parties that Dijkstra is a retiree in
the California Public Employees' Retirement System and, consequently, she may not work more
than 960 hours for public agency members of CaIPERS within the fiscal year occurring during the
term of this Agreement without impacting her retirement benefits and having to be enrolled in
Ca1PERS as an active employee. Accordingly, under no circumstances may Dijkstra work more
than 960 hours during any City fiscal year, including any time served in other interim
appointments. Dijkstra shall keep accurate time records of her hours worked to ensure that she
does not exceed 960 hours within any fiscal year that occurs during the term of this Agreement
and for payroll purposes. Dijkstra further represents that she will not perform work for any other
public agency member of CaIPERS during the term of this Agreement. If a controversy arises
between Dijkstra and Ca1PERS regarding the impact of this Agreement and the services provided
for herein on the nature of CaIPERS retirement terms or benefits,the City shall have no obligation
to intervene in or to defend or prosecute such dispute.
Page 1 of 4
Agreement No. 5271
4. Term. Subject to earlier termination as provided for in this Agreement, Dijkstra
shall be employed for a term beginning March 2, 2017 and ending when this Agreement is
terminated as provided for herein.
5. (',onvensation. For services rendered pursuant to this Agreement, City agrees to
pay Dijkstra compensation of $81.45 per hour, which amount is in conformance with the
requirements of Government Code section 7522.56(d). This hourly rate does not fall below the
minimum or exceed the maximum or monthly base salary paid to other previous employees
performing comparable duties as listed on a publicly available pay schedule for the Human
Resources Director position, divided by 173.333. Dijkstra shall not receive from the City any
benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in
addition to the hourly rate set forth herein. The hourly wages paid pursuant to this Agreement are
subject to all applicable tax and income withholdings and deductions in accordance with applicable
law.
6. l ene l mis. Dijkstra hereby waives all benefits provided to City employees,including
retirement contribution, health/medical insurance, dental insurance, life and disability insurance,
sick leave, vacation, unemployment insurance and similar benefits. Dijkstra recognizes that
Government Code section 21224 provides that a retired person appointed to provide specialized
duties pursuant to that subdivision may not receive any benefits, incentives, compensation in lieu
of benefits, or any other forms of compensation in addition to the hourly rate.
7. Termination. The City Manager may terminate this Agreement at anytime with or
without cause. Dijkstra may terminate this Agreement at any time with or without cause provided,
however, she shall endeavor to provide the City Manager with at least thirty days advance written
notice prior to the effective date of termination. Dijkstra agrees that she shall not be entitled to
any severance pay as the result of the termination of this Agreement for any reason whatsoever.
8. At-Nvill lan1pk)vmen1/1:LSA l°.xeinnt. Dijkstra shall serve at the will and pleasure
of the City Manager and understands she is an "at-will" employee subject to summary dismissal
without any right of notice or hearing, including any so-called "Skelly" hearing. Dijkstra will not
acquire any property interest in the position of providing labor negotiation services and is
employed solely on a temporary basis to perform specialized services in accordance with
Government Code sections 21224. Dijkstra further understands and agrees that her position is that
of an exempt employee for purposes of the Fair Labor Standards Act.
9. Certification ReLmrdhw Prior 1.pnemoloynicnt l:3enelits. In accordance with
Government Code section 7522.56(e)(1), Dijkstra certifies and warrants to City that she has not
received any unemployment insurance payments for retired annuitant work for any public
employer within the twelve months prior to her appointment date under this Agreement.
10. [Zeinibtirsable F" Menses. Dijkstra shall be entitled to reimbursement for reasonable
costs or expenses incurred in the performance of her duties (including but not limited to, expenses
related to attending meetings on behalf of the City and attendance at professional and other
governmental organizations relating to cities) that are supported by written documentation in
accordance with established policies and customary practices of the City.
Page 2 of 4
Agreement No. 5271
11. (�"can icts I'lroh ib'ited. During the term of this Agreement, Dijkstra shall not engage
in any business or transaction or maintain any financial interest which conflicts, or reasonably
might be expected to conflict,with the proper discharge of Dijkstra's duties under this Agreement.
Dijkstra shall comply with all requirements of law, including but not limited to the Political Reform
Act(Gov't Code § 87100,et seq.), Government Code sections 1090 and 1126,and all other similar
statutory or administrative rules. Dijkstra represents and warrants that she has no financial,
contractual or other interest or obligation that conflicts with or is harmful to the performance of
her obligations under this Agreement.
12. Indeninif is ation. For the purposes of indemnification and defense of legal actions
that may be brought against Dijkstra in the future arising from Dijkstra's employment with the
City, Dijkstra shall be considered an employee of the City and shall be entitled to the same rights
as other employees of the City as set forth in the Government Code.
13. Notices. Any notice required or permitted by this Agreement shall be in writing
and shall be personally served or sent by U.S. Mail, first class postage prepaid, to the following
address:
To City: City of El Segundo
350 Main Street
El Segundo, CA
Attn: City Manager
310-524-2301
To Dijkstra: Martha Dijkstra
350 Main Street
El Segundo, California
Mdijkstra-hr @hotmail.com
Notices shall be deemed given as of the date of personal service or upon the date of deposit
in the United States Mail.
14. Fntirc Aa,,rceincnt. This Agreement supersedes any and all prior understandings or
agreements, written or oral, between the parties, and contains all of the covenants and agreements
between the parties regarding the subject matter herein. Each party acknowledges that no
promises, representations, inducements or agreements, oral or otherwise, have been made by any
party, or anyone acting on behalf of any party, that are not set forth herein. No modification to
this Agreement shall be effective unless reduced to writing and signed by both parties.
15. Severabilitv. In the event any provision of this Agreement is held to be
unconstitutional, invalid or unenforceable,the remainder of this Agreement or portion thereof shall
be deemed severable and shall not be affected and shall remain in full force an effect.
16. Waiver. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the party against whom enforcement of
a waiver is sought. No waiver of any right or remedy in respect of any occurrence or event shall
be deemed a waiver of any right or remedy in respect of any other occurrence or event.
Page 3 of 4
Agreement No. 5271
17. t io \\cr nin and Verr'Lre. This Agreement shall be governed by and construed
in accordance with the laws of the State of California. The exclusive venue for all disputes arising
from or related to this Agreement shall be the Superior Court for the County of Los Angeles.
18. hiterpretatimi. Each party and its counsel (if sought)have participated fully in the
review and revision of this Agreement. Any rule of construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in interpreting this Agreement. The
language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against
any party.
19. N: i lect 0 ........ in, �s„net'it. ...a�n .Ca1PERS J�elircinc NITtIT�ml�;m�'dcl ts: City makes no
representation on the impact, if any, this Agreement shall or may have upon Dijkstra's CalPERS
retirement benefits, status, duties and/or obligations. Dijkstra acknowledges that in entering into
this Agreement, she has not relied upon any such representations in assessing the Ca1PERS-related
impact of her employment. Therefore, Dijkstra releases City from any and all CaIPERS-related
claims or liabilities that may arise in connection with her employment pursuant to this Agreement.
20. 1qd"e�erident l xc,n ,d dvicc. City and Dijkstra represent and warrant to each other
that each has read and fully understands the terms and provisions hereof, has had an opportunity
to review this Agreement with legal counsel, and has executed this Agreement based upon such
party's own judgment and advice of independent legal counsel (if sought).
[SIGNATURES]
CITY OF EIS SEGUNDO MARTHA DIJKSTRA
'A"
Fuentes Mao � i..:...�.`.
Mayor Martha Dijkstra
ATTEST:
Tracy Wc.w `, t,.'iIN, Clerk
AS TO FOR,
t
aµ.
Mark l 1 'nsley, City Attorney
Page 4 of 4
Agreement No. 5271
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C; TY OF EL SE UN O NIARTHA . T T A,
ATTEST
Tracy Weaver, City C Perk
APPROVED PAS TO FOI'
Mark Hensley, City Attorney