Resolution 2020-34RESOLUTION NO. 2020-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPOINTING SCOT SMITHEE AS INTERIM
POLICE CHIEF AND APPROVING EMPLOYMENT
AGREEMENT
WHEREAS, Government Code Section 21221(h) pennits the City Council to appoint a retired
annuitant to a vacant position requiring specialized skills during recrnitment for a pennanent 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; and
WHEREAS, Scot Smithee is retiring from the position of Police Chief and his last day of work is June
1, 2020, and the position of Police Chief will become vacant on June 2, 2020; and
WHEREAS, the Gilroy City Council desires to consent the Interim City Administrator's recommended
appointment of Scot Smithee as an interim appointment retired annuitant to the vacant position of Police Chief
for the City of Gilroy under Government Code Section 21221 (h), effective June 2, 2020; and
WHEREAS, Scot Smithee has over 30 years of experience in law enforcement and extensive expe1tise
in Police Depmtment management for a local government, including having most recently served as Police
Chief for the City of Gilroy for over three years; and
WHEREAS, an appointment under Government Code Section 21221(h) requires an active, publicly
posted recrnitment for a pennanent replacement; and
WHEREAS, the current status of this recrnitment is open and accepting applications; and
WHEREAS, this Section 21221 (h) appointment shall only be made once and therefore will end on the
date immediately preceding the date on which the pennanent replacement for the vacant position of Police
Chief for the City of Gilroy commences his or her employment or, if earlier, the date that this appointment is
tenninated by the City or Scot Smithee; and
WHEREAS, the entire employment agreement between Scot Smithee and the City of Gilroy has been
reviewed by this body and is attached hereto as Exhibit A; and
WHEREAS, no matters, issues, te1ms, and/or conditions related to this employment and appointment
have been or will be placed on the 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 monthly salmy for this position is $17,180.00 and the hourly
equivalent is $99.12, and the minimum base monthly salmy for this position is $12,793.00 and the hourly
RESOLUTION NO. 2020-34
equivalent is $73.81; and
WHEREAS, the hourly rate to be paid to Scot Smithee will be $99 .12 ; and
WHEREAS , Scot Smithee has not and will not receive any other benefit, incentive compensation in
lieu of benefit or any other fonn of compensation in addition to this hourly pay rate.
NOW, THEREFORE, the City Council of the City of Gilroy hereby finds , determines, and resolves as
follows:
1. The City Council has considered the full record before it, which may include but is not limited
to such things as the staff rep011 , testimony by staff and the public, and other materials and
evidence submitted or provided to it. Fm1hermore, the recitals set fo11h above are found to be
tme and c01Tect and are incorporated herein by reference.
2 . The City Council hereby ce11ifies the nature of the employment of Scot Smithee as described
herein and detailed in the attachment employment agreement and that this appointment is
necessary to fill the critically needed position of Police Chief for the City of Gilroy by June 2,
2020 to provide the specialized skills necessary to manage the City's Police Depai1ment.
3. The City Council hereby consents the Interim City Administrator 's recommended appointment
of Scot Smithee as interim Police Chief effective June 2 , 2020 pursuant to the authority
provided under Government Code Sections 21221 (h), which shall end on the date immediately
preceding the date on which the pennanent replacement for the vacant position of Police Chief
for the City of Gilroy commences his or her employment or, if earlier, the date that this
appointment is te1minated by the City or Scot Smithee.
4. The employment agreement with Scot Smithee, a copy of which is attached hereto as Exhibit A
and will be maintained on file with the Human Resources Depai1ment , is approved by the City
Council, effective June 2, 2020.
5. The Interim City Administrator is authorized to execute said agreement on behalf of the City,
with such technical amendments as may be deemed appropriate by the Interim City
Administrator and City Attorney.
PASSED AND ADOPTED this 1st day of June, 2020 by the following roll call vote:
AYES : COUNCILMEMBERS: BLANKLEY , BRACCO, LEROE-MUNOZ,
TUCKER and VELASCO
NOES: COUNCILMEMBERS : NONE
ABSENT: COUNCILMEMBERS: TOY AR
~D-:
Roland Velasco, Mayor
RESOLUTION NO. 2020-34
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2020-34 is an original resolution, or true and conect copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said held on
Council held on the 1st day of June, 2020, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
City Clerk of the City of Gilroy
(Seal)
DocuSign Envelope ID: DA260916-OABA-4168-934B-442E145D0504
EXHIBIT A
RETIRED ANNUITANT EMPLOYMENT AGREEMENT
The Retired Annuitant Employment Agreement ("Agreement") is made by and between the City
of Gilroy, a municipal corporation of the State of California ("City") and Scot Smithee, an
individual ("Retired Annuitant") as of June 2, 2020 ("Effective Date").
RECITALS
A. Retired Annuitant previously was employed by the City of Gilroy for three (3) years, serving
as Police Chief; and
B. Retired Annuitant retired from the City of Gilroy effective June 1, 2020 and began collecting
a retirement pension from the California Public Employees' Retirement System (CaIPERS); and
C. The City has a vacancy in the position of Police Chief, a regular position for which the City is
conducting a recruitment for a pennanent appointment; and
D. The City has an immediate need for an employee to temporarily perform the position of
Police Chief, a position involving specialized skills and training and which is critically necessary
to the on -going duties and functions of the City's Police Department,
E. Retired Annuitant has the necessary qualifications, experience and abilities to assist City in
the duties of management of the Police Department; and
F. Retired Annuitant's employment is authorized by Government Code section 21221(h), which
permits the City to appoint a CalPERS retired annuitant to a vacant position requiring specialized
skills during recruitment for a permanent replacement.
G. City desires to retain the services of Retired Annuitant in accordance with California
Government Code Section 21221(h) and Retired Annuitant agrees to provide certain services to
City under the strict terms and conditions set out in this Agreement.
In consideration of this matter described above and of the mutual benefits and obligations set
forth in this Agreement, the receipt and sufficiency of which consideration is hereby
acknowledged, the parties of this Agreement agree as follows:
AGREEMENT
Section 1. Term of Services
The term of this Agreement is from June 2, 2020 until such time as a permanent replacement for
the position of Police Chief has been selected and has commenced employment, unless
terminated sooner as provided below.
DocuSign Envelope ID: DA260916-OABA-4168-934B-442E145DO504
Section 2. Scope of Services
Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the
Gilroy Police Department:
a. Plan, direct, and coordinate the activities of the Police Department.
b. Prioritize, administer, and prepare the departmental budget, to include budget reductions
in light of the current general fund structural deficit.
c. Develop and provide recommendations for training programs for City and department
staff.
d. Present before City Council, public agencies, civic groups, and other organizations
regarding Police Department projects and programs.
e. Complete the Garlic Festival After Action Report with FEMA.
£ Mentor Police Captains.
g. Complete and Publish Department Annual Report.
h. lnitiate the Records Management System (RMS) replacement process.
i. Train staff on grant cycles for 2020.
j. Any other duties or assignments typically assigned to the Police Chief.
Retired Annuitant will report directly to the Interim City Administrator. Retired Annuitant shall
comply with all City rules, policies, guidelines, regulations, and laws.
Section 3. Compensation; Hours
City agrees to compensate Retired Annuitant at $99.12 per hour for all services provided under
this Agreement. Payments from City to Retired Annuitant shall be made during the normal
payroll cycles of other City employees.
City has reviewed and compared the hourly rate set forth in this Section with other employees
performing comparable duties and the hourly rate set forth in this Section does not exceed such
other employee's compensation.
Retired Annuitant agrees and acknowledges that he shall not perform any services under this
Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to
June 30) inclusive of any hours worked during the same period for other CalPERS employers as
a retired annuitant. Retired Annuitant shall record his hours on a pre -approved timesheet that
shall be submitted to the City every month.
The position is a temporary, hourly assignment which is generally not expected to exceed 40
hours per week. The City, through the Interim City Administrator, will assign Retired Annuitant
hours to work. Due to the nature of the position, it is understood that the workday and workweek
hours may vary, however Retired Annuitant shall not work overtime (i.e. in excess of40 hours
per week) as payment of overtime is prohibited under Government Code Section 21221(h).
DocuSign Envelope ID: DA260916-OABA-4168-934B-442E145DO504
There are no other benefits, incentives, compensation in lieu of benefits or other forms of
compensation in addition to the hourly pay rate set forth in this Section.
Section 4. Location
The primary location for services will be at the following address:
Gilroy Police Department, 7301 Hanna Street, Gilroy, California 95020
Section 5. Compliance with Laws
This Agreement will be construed in accordance with and governed by the laws in the State of
California. In the event that suit shall be brought by any of the parties, the parties agree that
venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal
jurisdiction is appropriate, exclusively in the United States District Court, Northern District of
California, San Jose, California. Retired Annuitant shall comply with all applicable laws, rules,
policies, and guidelines. Retired Annuitant agrees and acknowledges that the State of California
and the governing body of the California Public Employees' Retirement System enact strict laws,
regulations and guidelines relating to services provided by "retired annuitants" to public agencies
contracting with the California Public Employees' Retirement System. Retired Annuitant agrees
to comply with all applicable laws, regulations and guidelines relating to the services provided
under this Agreement.
Section G. Termination
This Agreement may be terminated by either party for convenience by providing written notice
to the other party.
Section 7. Miscellaneous
a. Retired Annuitant has read each and every part of this Agreement and Retired Annuitant freely
and voluntarily has entered into this Agreement. This Agreement is a negotiated document and
shall not be interpreted for or against any party by reason of the fact that such party may have
drafted this Agreement or any of its provisions.
b. If a court of competent jurisdiction finds or rules that any provision of this Agreement is
invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall
not void or affect the validity of any other provision of this Agreement.
c. This Agreement represents the entire and integrated agreement between City and Retired
Annuitant and supersedes all prior negotiations, representations, or agreements, either written or
oral.
lid
In witness where of the parties have duly affixed their signatures on this Z day of J tfP
20-,70
DocuSign Envelope ID: DA260916-OABA-4168-934B-442E145DO504
Employer: City of Gilroy
DocuSigned by:
Jimmy fords Interim City Administrator
Retired Annuitant:
Scot swi&r
Approved as to Form:
DocuSigned by:
Andrew a�ber, City Attorney
Attest:
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ocuSigned by: A'
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Shawna Free s, City Clerk