Resolution 2020-70RESOLUTION NO. 2020-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPOINTING CINDY MURPHY AS INTERIM FINANCE DIRECTOR
AND APPROVING EMPLOYMENT AGREEMENT
WHEREAS, Government Code Section 21221(h) permits the City Council to appoint a retired annuitant 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; and
WHEREAS, Cindy Murphy retired from California Public Employees' Retirement System employment in July
2019, and served as the City of Gilroy Finance Director/City Treasurer from September 1998 to June 2009; and
WHEREAS, the position of Finance Director became officially vacant on October 6, 2020 when Jimmy Forbis
was appointed as City Administrator; and
WHEREAS, the Gilroy City Council desires to consent the City Administrator's recommendation to appoint
retired annuitant Cindy Murphy to the vacant position of Interim Finance Director for the City of Gilroy under
Government Code Section 21221(h), effective November 2, 2020; and
WHEREAS, Cindy Murphy has nearly thirty years of experience in government finance to including
experience with budgeting, financial analysis, audit, South County Regional Wastewater Authority (SCRWA) finance,
debt administration, revenue forecasting, and implementation of new financial software systems (Enterprise Resource
Planning); and
WHEREAS, an appointment under Government Code Section 21221(h) requires an active, publicly posted
recruitment for a permanent replacement; and
WHEREAS, the recruitment for Finance Director will open for applications prior to November 2, 2020; 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 Finance Director for the
City of Gilroy cominences his or her employment or, if earlier, the date that this appointment is terminated by the City
or Cindy Murphy; and
WHEREAS, the entire employment agreement between Cindy Murphy and the City of Gilroy has been
reviewed by this body and is attached hereto as Exhibit A; and
WHEREAS, no matters, issues, terms, 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 salary for this position is $17,180.00 and the hourly equivalent is
$99.12, and the minimum base monthly salary for this position is $12,793.00 and the hourly equivalent is $73.81; and
RESOLUTION NO.2020-70
WHEREAS, the hourly rate to be paid to Cindy Murphy will be $99.12; and
WHEREAS, Cindy Murphy has not and will not receive any other benefit, incentive compensation in lieu of
benefits or any other form 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:
The City Council has considered the full record before it, which may include but is not limited to such
things as the staff report, testimony by staff and the public, and other materials and evidence submitted
or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are
incorporated herein by reference.
The City Council hereby certifies the nature of the employment of Cindy Murphy as described herein
and detailed in the attachment employment agreement and that this appointment is necessary to fill the
critically needed position of Finance Director for the City of Gilroy by November 2, 2020 to provide
the specialized skills necessary to manage the City's finance and budget functions.
3. The City Council hereby authorizes the appointment of Cindy Murphy to Interim Finance Director
effective November 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 permanent
replacement for the vacant position of Finance Director for the City of Gilroy commences his or her
employment or, if earlier, the date that this appointment is terminated by the City or Cindy Murphy.
4. The employment agreement with Cindy Murphy, a copy of which is attached hereto as Exhibit A and
will be maintained on file with the Human Resources Department, is approved by the City Council,
effective November 2, 2020.
5. The City Administrator is authorized to execute said agreement on behalf of the City, with such
technical amendments as may be deemed appropriate by the City Administrator and City Attorney.
PASSED AND ADOPTED this 19th day of October, 2020 by the following roll call vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ, TOVAR,
TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AT
na Free s. t�-Clerk
APPRO D:
4 _
Roland Velasco, Mayor
RESOLUTION NO.2020-70
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2020-70 is an original resolution, or true and correct 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 19t" day of October, 2020, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy is 0, " day of October, 2020.
City Clerk of the -City of Gilroy
(Seal)