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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)