HomeMy WebLinkAboutResolution No. 2024-22 | Scot SmitheeRESOLUTION NO. 2024-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPOINTING SCOT SMITHEE AS AN
INTERIM SENIOR EXECUTIVE TEAM DIRECTOR TO
LEAD AND MANAGE THE FIRE DEPARTMENT 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 on June 2, 2020; and
WHEREAS, Scot Smithee has over thirty years of municipal public safety experience and
most previously served as the City of Gilroy Police Chief from 2017 - 2020; and
WHEREAS, the position of Fire Chief will become vacant on June 1, 2024 following the
retirement of Jim Wyatt; and
WHEREAS, the Gilroy City Council desires to consent the City Administrator’s
recommendation to appoint retired annuitant Scot Smithee to lead and manage the Gilroy Fire
Department in an Interim Senior Executive Team Director position for the City of Gilroy under
Government Code Section 21221(h), effective May 28, 2024; and
WHEREAS, Scot Smithee has extensive experience leading and managing a public safety
department, specific City of Gilroy experience, and experience with all administrative aspects of
leading and managing a city department; 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 Fire 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
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. 2024-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING SCOT SMITHEE AS
INTERIM SENIOR EXECUTIVE TEAM DIRECTOR FOR THE GILROY FIRE DEPARMENT AND
APPROVING EMPLOYMENT AGREEMENT
City Council Meeting | May 20, 2024
Page 2 of 3
WHEREAS, the maximum base monthly salary for this position is $21,031.25 and the hourly
equivalent is $121.33 and the minimum base monthly salary for this position is $15,771.00 and the
hourly equivalent is $90.99; and
WHEREAS, the hourly rate to be paid to Scot Smithee will be $121.33; 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 Senior Executive Team
Director for the City of Gilroy Fire Department to provide the specialized skills
necessary to lead and manage the City’s fire department functions.
3. The City Council hereby authorizes the appointment of Scot Smithee to Interim Senior
Executive Team Director effective on May 28, 2024 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 Fire
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, effective on May 28, 2024.
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 20th day of May, 2024 by the following roll call vot
AYES: COUNCIL MEMBERS: BRACCO, ARMEDARIZ, MARQUES,
CLINE, BLANKLEY
NOES: COUNCIL MEMBERS: HILTON, TOVAR
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
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Resolution No. 2024-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING SCOT SMITHEE AS
INTERIM SENIOR EXECUTIVE TEAM DIRECTOR FOR THE GILROY FIRE DEPARMENT AND
APPROVING EMPLOYMENT AGREEMENT
City Council Meeting | May 20, 2024
Page 3 of 3
APPROVED:
Marie Blankley, Mayor
ATTEST:
__________________________
Beth Minor, Interim City Clerk
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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”) as of May 28, 2024 (“Effective Date”).
RECITALS
A. Retired Annuitant previously was employed by the City of Gilroy, a California Public Employees’
Retirement System (CalPERS) employer since 1986, having previously served as Gilroy’s Police Chief
(Senior Executive Team Director) from 2017-2020; and
B. Retired Annuitant retired from public service effective June 2, 2020 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 Fire Chief beginning June 1, 2024, a regular position
for which the City will commence steps to initiate the recruitment for a permanent appointment prior to
May 28, 2024; and
D. The City has an immediate need for an employee to temporarily perform the position of Senior
Executive Team Director, a position involving specialized skills and training, and which is critically
necessary to the on-going duties and functions of the City’s Fire Department; and
E. Retired Annuitant has the necessary qualifications, experience, and abilities to assist City in the
duties of leadership and management of the Fire 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; 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 May 28, 2024 until such time as a permanent replacement for the
position of Fire 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
Fire Department:
a. Plan, direct, and coordinate the activities of the Fire Department.
b. Serve as head of the Fire Department and technical advisor to the City Administrator and other
department heads on fire and emergency services related matters.
c. Provide general supervision and direction to the Division Chiefs in charge of the Operations,
Emergency Medical Services, or Training Division to insure their respective divisions comply
with city and departmental policies and that they meet their established goals and objectives.
d. Work with staff to develop goals and objectives, policies, procedures, and work standards for
the Fire Department.
e. Direct the preparation and administration of the annual and/or biennial department budget,
including the following: preparing division budgets, projecting revenues and monitoring
revenues and expenditures. Research, analyze, and make recommendations for cost effective
departmental operations to include: developing, administering, and evaluating departmental
programs and services; addressing process issues; and implementing required changes.
f. Prepare reports and make presentations to the City Administrator, City Council, community
groups, and other agencies on issues pertaining to the Fire Department.
g. Coordinate the activities of the Fire Department with other departments and agencies.
h. Serve as Operations Section Chief on the City Disaster Response Team and provide technical
advice to the City Administrator during an emergency.
i. Prepare and present comprehensive technical reports.
j. Develop, analyze, and make recommendations on the formulation of policy, procedures,
staffing and organizational requirements for the department.
k. Select, train, and evaluate departmental personnel.
l. Participate and be visible in the Gilroy community as appropriate.
m. Perform related work as required.
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 $121.33 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
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 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 locations for services will be at the following addresses:
Gilroy Fire Department, 7070 Chestnut 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 not be
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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 May, 2024.
Employer: City of Gilroy
Jimmy Forbis, City Administrator
Retired Annuitant:
Scot Smithee
Approved as to Form:
Andrew L. Faber, City Attorney
Attest:
Beth Minor, Interim City Clerk
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