HomeMy WebLinkAboutCity Council - 2023-07 (2) RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPOINTING THERESA ST. PETER AS INTERIM DIRECTOR OF HUMAN RESOURCES
WHEREAS, Government Code Section 21221(h) of the Public Employees' Retirement
Law permits the governing body to appoint a CalPERS retiree 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, the City Council of the City of Huntington Beach desires to appoint Theresa
St. Peter as an Interim appointment retired annuitant to the vacant position of Director of Human
Resources for the City of Huntington Beach under Government Code Section 21221(h), effective
February 13, 2023; and
WHEREAS, an appointment under Government Code Section 21221(h) requires the
retiree is appointed into the interim appointment during recruitment for a permanent
appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment
on February 6, 2023, and
WHEREAS, this Government Code Section 21221(h) appointment shall only be made
once and therefore will end on the pay period end date immediately preceding the beginning of
the pay period of the permanent appointment, or by not later than February 13, 2024, whichever
is earlier; and
WHEREAS, the entire employment agreement, contract or appointment document
between Theresa St. Peter and the City of Huntington Beach has been reviewed by this body and
is attached herein; 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 monthly base salary for this position is $18,724.84 and the hourly
equivalent is $108.03; the minimum monthly base salary for this position is $13,972.13 and the
hourly equivalent is $80.61; and
WHEREAS, the hourly rate paid to Theresa St. Peter will be $108.03 and
WHEREAS, Theresa St. Peter has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate;
and
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RESOLUTION NO. 2023-07
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Huntington Beach hereby certifies the nature of the employment of Theresa St. Peter as
described herein and detailed in the attached employment agreement/contract/appointment
document and that this appointment is necessary to fill the critically needed position of Director
of Human Resources for the City of Huntington Beach by February 13, 2023, because the City of
Huntington Beach requires experienced Human Resource oversight at the department head level
for the Human Resources Department serving a full service organization consisting of eleven
departments and approximately 1,500 full time and part time employees.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of February , 2023.
I 4'4 -,dg—i& a
Mayor
REVIEWS N APPR VED: APPROVED AS TO FORM:
City Manag ity orney I
INITIATED AND APPROVED:
ssistant City Manag r
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Resolution No. 2023-07
Exhibit"A"
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND THERESA ST PETER
THIS AGREEMENT is entered into this 7th day of February, 2023, between the City of
Huntington Beach, a Charter City and California municipal corporation, ("City,") and Theresa St
Peter,("St Peter.")
RECITALS
The City Manager may,appoint an Interim Director of Human Resources to assist the City,
at such salaries or compensation as the Council may by ordinance or resolution prescribe;and
The City desires to temporarily employ the services of St Peter as an Interim Director of
Human Resources of the City of Huntington Beach;and
It is the desire of the City to provide certain compensation,establish certain conditions of
employment,and to set working conditions of St Peter;and •
It is the desire of the City to:
(1) Secure and retain the services of St Peter on a temporary basis as set forth herein,
and to provide inducement for her to remain in such employment;and
1(2) To provide a means for terminating St Peter's service at such time as she may be
unable fully to discharge her duties, the law requires, or when City may otherwise desire to
terminate her employ; and
By entering this Agreement, St Peter desires to accept employment as an Interim Director
of Human Resources of the City.
NOW,THEREFORE,in consideration of the mutual covenants here contained,the parties
agree as follows:
SECTION 1. DUTIES. City agrees to employ St Peter as an Interim Director of Human
Resources of the City to perform the functions and duties of that office including under City
Manager's direction, generally providing department management and oversight as further set
forth in the Class Specification of Director of Human Resources attached hereto as Exhibit"A,"
the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other
legally permissible duties and functions as Director of Human Resources as the City Manager shall
from time to time assign. St Peter shall devote her full attention and effort to the office and perform
the mentioned duties and functions in a professional manner.
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SECTION 2. STATUS AND TERM.
(a) St Peter shall serve for a definite term for no longer than one year commencing
February 13, 2023, and ending on the on the pay period end date immediately preceding the
beginning of the pay period of the permanent appointment,or by not later than February 13,2024
(Temporary Basis), Notwithstanding the Term of Employment,St Peter shall serve at the pleasure
of the City Manager and shall be considered an at-will employee of the City in the capacity of
retired annuitant, in compliance with all requirements and limitations as listed in Government
Code Sections 7522.56 and 21221(h),and any other relevant provisions of law,commencing upon
execution of this agreement,and not to exceed a term of one(1) year. St Peter's total work hours
from the effective date of this Agreement through February 13, 2024, shall not exceed nine
hundred sixty (960) hours per fiscal year,unless mutually agreed-to by the City Manager and St
Peter.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to terminate the employment of St Peter at any time.
(c) St Peter may resign at any time from her position with the City as provided herein.
The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self-employment. However, shall not be
construed to include occasional teaching,writing,consulting or military reserve service performed
on St Peter's time off,and with the advance approval of the City Manager.
SECTION 3. SALARY. City agrees to pay St Peter for her services rendered pursuant
to this Agreement at Non-Associated Range NA0269,at$108.03 per hour(hourly salary), of the
City's classification and compensation plan or resolutions or ordinances from time-to-time enacted
that govern such compensation for the position of Director of Human Resources.
SECTION 4. OTHER BENEFITS. St Peter shall receive no benefits other than her
hourly salary.
SECTION 5. TERMINATION.
(a) The City Manager may terminate the employment of St Peter at any time without
advance notice,without just cause,and without payment of severance.
(b) In the event St Peter voluntarily resigns, St Peter shall give the City seven (7)
calendar days written notice prior to the last workday, unless the City Manager and St Peter
otherwise agree.
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(c) It is understood that after notice of termination in any form, St Peter and the City
will cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE.
(a) St Peter shall follow all State laws including the Political Reform Act. In
furtherance thereof, St Peter shall report to the City any ownership interest in real property within
the County of Orange, excluding personal residence. Such reporting shall be made in writing by
St Peter to the City within ten(10)calendar days of the execution of this Agreement and,further,
within ten(10)calendar days of acquisition of that interest in real property. Additionally,St Peter
shall report in writing to the City any financial interest greater than Ten Thousand Dollars
($10,000) in value in a firm doing work for the City or from whom the City intends to make a
purchase immediately upon receipt of notice by St Peter of the intended work or purchase.
(b) In addition, St Peter shall annually complete and file a Form 700 Statement of
Economic Interest with the City Clerk,
SECTION 7. INDEMNIFICATION. City shall defend and indemnify St Peter any action,
including but not limited to any: tort, professional liability claim or demand, or other noncriminal
legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged
act or omission occurring in the performance of St Peter's duties as an employee or officer of City,
other than an action brought by City against St Peter, or an action filed against City by St Peter. In
addition, the City shall reimburse St Peter documented reasonable expenses for the travel, lodging,
meals,of St Peter should St Peter be subject to such,should an action be pending after termination of
St Peter. City shall be responsible for and have authority to compromise and settle any action, with
prior consultation with St Peter, and pay the amount of any settlement or judgment rendered on that
action. St Peter shall cooperate fully with City in the settlement, compromise, preparation of the
defense,or trial of any such action.
SECTION 8. GENERAL PROVISIONS.
(a) The text herein, including recitals, shall constitute the entire Agreement between
the parties.
(b) This Agreement shall become effective upon execution of this agreement.
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement,or any portion
of it,shall be deemed severable,shall not be affected and shall remain in full force and effect.
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(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties here.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by City Council,and St Peter has signed and executed this Agreement,both in duplicate,
the day and year first above written.
THERESA ST. PETER
APPROVED AS TO FORM:
City Manag Cit ttorney
COUNTERPART
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(d) No amendment of this Agreement shall be effective unless in ski king and signed by
bath parties here.
IN WITNESS WI'EKED'',City has caused this Agreement to he signed and executed on
its behalf by City Council,and St Peter has signed and executed this Agreement,both in duplicate,
the day and year first above written,
TIIERESA ST. ITT ER CITY OF HUNTINGTON REACII
Mayor
APPROVED AS TO 1.01Csel:
City Manager City Attorney
COUNTERPART
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Res. No. 2023-07
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on February 7, 2023 by the following vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None
RECUSE: None
4.2 9,6714/
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California