HomeMy WebLinkAboutResolution 2025-18 - Appointment of Ken Binder as Interim Police Chief.pdf
RESOLUTION NO. 2025-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPOINTING KEN BINDER AS INTERIM POLICE CHIEF
TO LEAD AND MANAGE THE POLICE 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, Ken Binder retired from California Public Employees’ Retirement
System employment on December 31, 2024; and
WHEREAS, Ken Binder has twenty-seven years of municipal public safety
experience and most previously served as the Santa Clara County Sheriff’s Office
Undersheriff from 2020 - 2024; and
WHEREAS, the position of Police Chief will become vacant on May 23, 2025
following the retirement of Pedro Espinoza; and
WHEREAS, the Gilroy City Council desires to consent the City Administrator’s
recommendation to appoint retired annuitant Ken Binder to lead and manage the Gilroy
Police Department in the position of Interim Police Chief for the City of Gilroy under
Government Code Section 21221(h), effective upon successful completion of all Peace
Officer Standards & Training (POST) hiring requirements; and
WHEREAS, Ken Binder has extensive experience leading and managing a
public safety department and experience with all administrative aspects of leading and
managing a California law enforcement 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 ongoing
regular 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
Docusign Envelope ID: 8DE899C7-C375-4E37-ABF7-1294BD56CD63
Resolution No. 2025-18
Appointment of Ken Binder as Interim Police Chief
City Council Regular Meeting | May 19, 2025
Page 2 of 4
terminated by the City or Ken Binder; and
WHEREAS, the entire employment agreement between Ken Binder 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 $22,745.33
and the hourly equivalent is $131.23 and the minimum base monthly salary for this
position is $16,559.50 and the hourly equivalent is $95.54; and
WHEREAS, the hourly rate to be paid to Ken Binder will be $127.40; and
WHEREAS, Ken Binder 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 Ken Binder
as described herein and detailed in the attachment employment agreement
and that this appointment is necessary to fill the critically needed position of
Interim Police Chief for the City of Gilroy Police Department to provide the
specialized skills necessary to lead and manage the City’s police department
functions.
Docusign Envelope ID: 8DE899C7-C375-4E37-ABF7-1294BD56CD63
Resolution No. 2025-18
Appointment of Ken Binder as Interim Police Chief
City Council Regular Meeting | May 19, 2025
Page 3 of 4
3. The City Council hereby authorizes the appointment of Ken Binder to Interim
Police Chief effective a date following successful completion of all POST
hiring requirements 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 Ken Binder.
4. The employment agreement with Ken Binder, 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 a date following
successful completion of all POST hiring requirements.
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 May 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS: Bracco, Cline, Fugazzi, Hilton, Marques,
Ramirez, Mayor Bozzo
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Bryce Atkins, Acting City Clerk
Docusign Envelope ID: 8DE899C7-C375-4E37-ABF7-1294BD56CD63
Resolution No. 2025-18
Appointment of Ken Binder as Interim Police Chief
City Council Regular Meeting | May 19, 2025
Page 4 of 4
CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that
the attached Resolution No. 2025-18 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, May 19, 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 May 29, 2025.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
Docusign Envelope ID: 8DE899C7-C375-4E37-ABF7-1294BD56CD63