HomeMy WebLinkAboutResolution No. 2025-36 | Interim City Administrator Appointment (Brad_Kilger) | Adopted 07/28/2025RESOLUTION NO. 2025-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPOINTING BRAD KILGER AS INTERIM
CITY ADMINISTRATOR TO LEAD AND MANAGE THE
CITY OF GILROY 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, Brad Kilger retired from California Public Employees’ Retirement System
employment on February 2, 2019; and
WHEREAS, Brad Kilger has over thirty-five years of municipal experience as a City
Administrator/Manager and/or Senior Executive level positions and most previously served as the
Martinez City Manager from 2016 - 2019; and
WHEREAS, the position of City Administrator will become vacant on August 1, 2025
following the retirement of Jimmy Forbis; and
WHEREAS, the Gilroy City Council desires to appoint retired annuitant Brad Kilger to lead
and manage the City in the position of Interim City Administrator for the City of Gilroy under
Government Code Section 21221(h), effective July 29, 2025; and
WHEREAS, Brad Kilger has extensive experience leading and managing a full-service
municipal organization and experience with all administrative aspects of leading and managing a
California city; and
WHEREAS, an appointment under Government Code Section 21221(h) requires that the City
has initiated steps to begin the recruitment process for the vacant position; 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 ongoing regular replacement for the
vacant position of City Administrator for the City of Gilroy commences his or her employment or, if
earlier, the date that this appointment is terminated by the City or Brad Kilger; and
WHEREAS, the entire employment agreement between Brad Kilger 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
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Resolution No. 2025-36
Interim City Administrator Appointment
City Council Meeting | July 28, 2025
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WHEREAS, the current base monthly salary for this position is $26,270.83 and the hourly
equivalent is $151.56; and
WHEREAS, the hourly rate to be paid to Brad Kilger will be $151.56; and
WHEREAS, Brad Kilger 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 Brad Kilger as
described herein and detailed in the attachment employment agreement and that this
appointment is necessary to fill the critically needed position of Interim City
Administrator for the City of Gilroy to provide the specialized skills necessary to lead
and manage the City organization.
3. The City Council hereby authorizes the appointment of Brad Kilger to Interim City
Administrator effective July 29, 2025, 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 City
Administrator for the City of Gilroy commences his or her employment or, if earlier,
the date that this appointment is terminated by the City or Brad Kilger.
4. The employment agreement with Brad Kilger, 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 July 29, 2025.
5. The Mayor is authorized to execute said agreement on behalf of the City, with such
technical amendments as may be deemed appropriate by the City Council and City
Attorney.
PASSED AND ADOPTED this 28th day of July, 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI, MARQUES,
RAMIREZ, BOZZO
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
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Resolution No. 2025-36
Interim City Administrator Appointment
City Council Meeting | July 28, 2025
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APPROVED:
Greg Bozzo, Mayor
ATTEST:
__________________________
Kim Mancera City Clerk
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Resolution No. 2025-36
Interim City Administrator Appointment
City Council Meeting | July 28, 2025
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CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2025-36 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 Monday, July 28, 2025 with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Tuesday, July 29, 2025.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
(Seal)
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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 Brad Kilger, an
individual (“Retired Annuitant”) effective July 29, 2025 (“Effective Date”).
RECITALS
A. Retired Annuitant previously was employed by the City of Martinez, a California Public
Employees’ Retirement System (CalPERS) employer, having previously served as the Martinez
City Manager from 2016-2029; and
B. Retired Annuitant retired from public service effective February 2, 2019 and began collecting
a retirement pension from the California Public Employees’ Retirement System (CalPERS); and
C. The City will have a vacancy in the position of City Administrator beginning August 1, 2025,
a regular position for which the City has already commenced steps to recruit a permanent
appointment beginning in July 2025; and
D. The City has an immediate need for an employee to temporarily perform the position of
Interim City Administrator, a position involving specialized skills and training, and which is
critically necessary to the on-going duties and functions of the City; and
E. Retired Annuitant has the necessary qualifications, experience, and abilities to assist City in
the duties of leadership and management of the City; 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; and
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; and
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 July 29, 2025 until such time as a regular ongoing
replacement for the position of City Administrator has been selected and has commenced
employment, unless terminated sooner as provided below.
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Section 2. Scope of Services
Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the
City of Gilroy:
City of Gilroy Charter
The City Administrator shall be responsible to the Council for the proper administration of all
affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and
duties, the City Administrator shall have power and be required to:
(a) Take a continuing interest in the effectiveness and economy of all administrative
arrangements throughout the City;
(b) Insure that administrative activities with which two (2) or more departments are concerned
are effectively coordinated;
(c) Appoint, suspend, discipline and/or remove, subject to the provisions of this Charter, all
officers and employees of the City except that department heads shall be appointed and removed
with the consent of the Council. This sub-section shall not apply to those department heads and
officers whose appointment is vested by this Charter in the Council. The City Administrator may
authorize the head of any department or office to appoint or remove subordinates in such office;
(d) Prepare the budget annually, submit it to the Council, and be responsible for its
administration after its adoption;
(e) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on
the finances and administrative activities of the City for the preceding year;
(f) Make and execute, on behalf of the City, contracts involving Council-appropriated
expenditures, and bids or proposals approved by the Council;
(g) Establish a purchasing system to meet the needs of all City offices, departments and agencies;
(h) Keep the Council advised of the financial condition and future needs of the City and make
such recommendations on any matter as may to him seem desirable;
(i) See that the laws of the State pertaining to the City, the provisions of this Charter and the
ordinances of the City are enforced;
(j) Submit periodic reports to the Council covering significant activities of City agencies, offices
and departments under his supervision and significant changes in administrative rules and
procedures promulgated by the City Administrator;
(k) Submit special reports in writing to the Council in answer to any requests for information
when requested of him by the Council; and
(l) Perform such other duties consistent with this Charter as may be required of him by the
Council. (Charter Amendment November 4, 1997)
The City Administrator shall be accorded a seat at the Council table and at all meetings of boards
and commissions and shall be entitled to participate in their deliberations but shall not have a
vote. He shall attend all regular and special meetings of the Council unless physically unable to
do so or unless he has received prior approval for such absence from the Council.
City Administrator Job Description
• Attend meetings of the City Council to advise members on established policy and advise the City
Council on matters of administrative practices, City operations, policies, and problems.
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• Report to Council on various topics and make recommendations concerning the adoption of
measures and ordinances.
• Receive various assignments from the Council.
• Prepare an Annual Financial Plan and Capital Improvement Budget and submit it to the City
Council for their review and adoption.
• Exercise continuous budgetary controls to ensure proper expenditures of authorized funds.
• Study systems and procedures and propose improvements and simplifications.
• Conduct continuous research in administrative practices and recommend to the City Council
those practices which will produce greater efficiency and economy in city government.
• Represent the City Council and the City in relationships with other governmental agencies, and
the general public.
• Coordinate interdepartmental and inter-jurisdictional projects and activities.
• Execute contracts on behalf of the City Council.
• Organize City Departments into effective, productive units.
• Plan for future City activities/projects with all departments.
• Appoint, suspend, discipline and/or remove all officers and employees as set forth in the City
Charter; administer all the City's personnel rules and regulations.
• Act as Director of Emergency Services.
• Negotiate and lead initial planning of major civic or community improvement projects.
• Serve as the Authority Manager of SCRWA (South County Regional Wastewater Authority).
• Stay current and proactively respond to pending legislation which has the potential to impact the
City budget or other operations.
• Perform such special assignments as the City Council may direct.
Retired Annuitant will report directly to the City Council. Retired Annuitant shall comply with
all City rules, policies, guidelines, regulations, and laws.
Section 3. Compensation; Hours
City agrees to compensate Retired Annuitant at $151.56 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 City Council, will assign Retired Annuitant hours to work.
Due to the nature of the position, it is understood that the workday and workweek hours may
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vary, however Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as
payment of overtime is prohibited under Government Code Section 21221(h).
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 locations for services will be at the following addresses:
Gilroy City Hall, 7351 Rosanna 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 6. 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.
In witness where of the parties have duly affixed their signatures on this __ day of ______, 2025.
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Employer: City of Gilroy
Greg Bozzo, Mayor
Retired Annuitant:
Brad Kilger
Approved as to Form:
Andrew L. Faber, City Attorney
Attest:
Kim Mancera, City Clerk
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7/25/2025
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