HomeMy WebLinkAboutResolution No. 2025-59 | Smithee, Scot Interim Police Chief Appointment | Adopted 12/08/2025
RESOLUTION NO. 2025-59
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) 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, Scot Smithee retired from California Public Employees’ Retirement System
employment in 2020; and
WHEREAS, the position of Police Chief is currently vacant with a selection to be made
by the new City Administrator within a reasonable time period following the City Administrator
starting employment; and
WHEREAS, Interim Police Chief Binder resigned from his interim Police Chief
assignment rather quickly in mid-November to accept appointment with another agency; and
WHEREAS, Scot Smithee has over 30 years of experience in law enforcement and
extensive expertise in Police Department management for a local government, including having
served as Police Chief for the City of Gilroy for over three years; and
WHEREAS, the Gilroy City Council desires to consent the City Administrator’s
recommendation to appoint retired annuitant Scot Smithee to the vacant position of Interim
Police Chief for the City of Gilroy under Government Code Section 21221(h), effective upon
completion of Peace Officer Standards and Training (POST) hiring requirements (estimated to be
on or about December 15, 2025); 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 permanent 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 terminated 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
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Resolution No. 2025-59
Smithee, Scot Interim Police Chief Appointment
City Council Regular Meeting | December 8, 2025
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 $23,427.67 and the
hourly equivalent is $135.16 and the minimum base monthly salary for this position is
$17,056.25 and the hourly equivalent is $98.40; and
WHEREAS, the hourly rate to be paid to Scot Smithee will be $135.16; and
WHEREAS, Scot Smithee 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 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 to provide the specialized skills necessary to lead and
manage the City’s Police Department.
3. The City Council hereby authorizes the appointment of Scot Smithee to Interim
Police Chief effective upon completion of all POST hiring requirements (on or
about December 15, 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 Police Chief
for the City of Gilroy commences his or her employment or, if earlier, the date that
this appointment is terminated 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
Department, is approved by the City Council on December 8, 2025, effective on
completion of all POST hiring requirements (on or about December 15, 2025).
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Resolution No. 2025-59
Smithee, Scot Interim Police Chief Appointment
City Council Regular Meeting | December 8, 2025
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 8th day of December, 2025 by the following roll call
vote:
AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI, HILTON,
MARQUES, RAMIREZ, BOZZO
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Greg Bozzo, Mayor
ATTEST:
Kim Mancera, City Clerk
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Resolution No. 2025-59
Smithee, Scot Interim Police Chief Appointment
City Council Regular Meeting | December 8, 2025
CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution
No. 2025-59 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, December 8, 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 Wednesday, December 10, 2025.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
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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 Scot Smithee, an individual
(“Retired Annuitant”) effective upon successful completion of all required Peace Officer Standards
& Training (POST) hiring requirements (“Effective Date”).
RECITALS
A. Retired Annuitant previously was employed by the City of Gilroy for over thirty years to include
three (3) years 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 (CalPERS); 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 permanent 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; and
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 successful completion of Peace Officer Standards & Training
(POST) hiring requirements (estimated to be December 15, 2025) 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.
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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
Gilroy Police Department:
• Administer and manage comprehensive police services such as the preservation of order, protection
of life and property and the enforcement of laws and municipal ordinances, all in a strong
partnership with the community, using customer service techniques.
• Formulate and enforce departmental rules, policies and procedures, and maintain effective
discipline.
• Manage the selection and assignment of Police Department employees.
• Review and approve departmental personnel actions.
• Direct the administration of staff training programs.
• Formulate the annual departmental budget, and control budget expenditures.
• Prepare regular and requested oral and written reports for presentation to the City Administrator and
the City Council.
• Direct the preparation of internal reports, orders, and directives.
• Direct the preparation of external reports such as criminal statistic reports to the Federal Bureau of
Investigation, Department of Justice, and California Highway Patrol.
• Administer the communications operations, records, permits and licensing.
• Administer the Law Enforcement Branch of the City’s Emergency Operations Center.
• Coordinate Police service activities with those of other law enforcement and related organizations.
• Confer with attorneys and others in connection with prosecution of law violators, defending and
protecting the City against civil liability and administrative personnel practices.
• Attend public administration conferences, meetings, and seminars.
• Perform public liaison work to maximize citizen support and to formulate and explain Police
policies, programs, and activities.
• Perform Police and field duties including but not limited to incident command of major operations.
• Perform other related duties as assigned.
Retired Annuitant will report directly to the 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 $135.16 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.
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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 employees’ compensation.
Retired Annuitant agrees and acknowledges that he shall not perform any services under this
Agreement or as an extra help retired annuitant 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 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 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 location for services will be at the following addresses:
Gilroy Police Department, 7301 Hanna Street, Gilroy, California 95020
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
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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 December, 2025.
Employer: City of Gilroy
Brad Kilger, Interim City Administrator
Employment Effective Date
Retired Annuitant
Scot Smithee
Approved as to Form:
Andrew L. Faber, City Attorney
Attest:
Kim Mancera, City Clerk
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