Resolution 2020-58RESOLUTION NO.2020-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPOINTING FRANK COMIN AS INTERIM FLEET
SUPERINTENDENT 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, Frank Comin retired from the position of Fleet Superintendent in August 2016; and
WHEREAS, the position of Fleet Superintendent became vacant on August 21, 2020; and
WHEREAS, the Gilroy City Council desires to authorize the appointment of retired annuitant Frank
Comin to the vacant position of Fleet Superintendent for the City of Gilroy under Government Code Section
21221(h), effective September 15, 2020; and
WHEREAS, Frank Comin has over 29 years of experience in municipal fleet management and
extensive expertise in emergency response vehicle maintenance and procurement, including having most
recently served as Fleet Superintendent for the City of Gilroy retiring in 2016; and
WHEREAS, an appointment under Government Code Section 21221(h) requires an active, publicly
posted recruitment for a permanent replacement; and
WHEREAS, the current status of this recruitment 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 permanent replacement for the vacant position of Fleet
Superintendent for the City of Gilroy commences his or her employment or, if earlier, the date that this
appointment is terminated by the City or Frank Comin; and
WHEREAS, the entire employment agreement between Frank Comin 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
RESOLUTION NO.2020-58
WHEREAS, the maximum base monthly salary for this position is $8,759.00 and the hourly equivalent
is $50.53, and the minimum base monthly salary for this position is $6,568.00 and the hourly equivalent is
$37.89; and
WHEREAS, the hourly rate to be paid to Frank Comin will be $50.53; and
WHEREAS, Frank Comin 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:
1. 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.
2. The City Council hereby certifies the nature of the employment of Frank Comin as described
herein and detailed in the attachment employment agreement and that this appointment is
necessary to fill the critically needed position of Fleet Superintendent for the City of Gilroy by
September 15, 2020 to provide the specialized skills necessary to manage the City's fleet, to
include emergency response vehicles.
3. The City Council hereby authorizes the appointment of Frank Comin to Interim Fleet
Superintendent effective September 15, 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 Fleet Superintendent for the
City of Gilroy commences his or her employment or, if earlier, the date that this appointment is
terminated by the City or Frank Comin.
4. The employment agreement with Frank Comin, 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 September 14, 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.
RESOLUTION NO.2020-58
PASSED AND ADOPTED this 14th day of September 2020 by the following roll call vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ,
MARQUES, TOVAR and TUCKER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
APPROVED:
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Cat Tucker, Mayor Pro Tempore
RESOLUTION NO.2020-58
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2020-58 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 14t' day of September, 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 ' Gilroy thi 3T° day of September, 2020.
Shawna Free l , C
City Clerk of the City of Gilroy
(Seal)