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RPVCCA_CC_SR_2015_03_03_G_ Continue_Add_Comp_Deputy_City_Mgrti CITYOF RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CAROL W. LYNCH, CITY ATTORNEY DATE: MARCH 3, 2015 SUBJECT: CONTINUE ADDITIONAL COMPENSATION TO BE PAID TO THE DEPUTY CITY MANAGER THROUGH THE END OF THE 2014-15 FISCAL YEAR REVIEWED: DOUG WILLMORE, CITY MANAGER RECOMMENDATION: Approve continuing the additional compensation that has been paid to the Deputy City Manager in the amount of $1,000 per month, which is allocated between a temporary salary increase of $650 and an increase to her automobile allowance in the amount of $350, through the end of the City's fiscal year (June 30, 2015). DISCUSSION In January 2014, the City Council approved a temporary compensation increase for the Deputy City Manager while she performed the duties of Acting City Manager during the recruitment of the new City Manager. Accordingly, Ms. Petru's automobile allowance was increased from the pre-existing amount of $150 per month to $500 per month, and her salary was increased by $650 per month. Mayor Knight has proposed that the additional compensation that the City has paid to Ms. Petru be continued through the end of the City's current fiscal year, which ends on June 30, 2015, to compensate her for providing background information and assistance to the new City Manager, Mr. Doug Willmore. In addition, prior to being hired by the City, Mr. Willmore had advised the City Council that he previously had committed to a vacation trip of seven business days during the month of May. Accordingly, it will be necessary for Ms. Petru to resume the duties of Acting City Manager while Mr. Willmore is on vacation, in addition to performing her regular duties as the Deputy City Manager. G-1 Continue Additional Compensation to be Paid to the Deputy City Manager Page 2 March 3, 2015 FISCAL IMPACT For four months (March through June), Deputy City Manager Petru will receive additional compensation of $650 per month, and her car allowance will continue to be increased by $350 per month. The increase of the automobile allowance clearly is not salary for PERS purposes. However, it is unclear whether the temporary salary increase would be treated by PERS as additional compensation that is subject to PERS retirement benefits. Previously, the City Attorney's Office and Special Labor Counsel opined that the additional compensation that was paid to Ms. Petru while she served as the Acting City Manager would not be subject to PERS retirement benefits. The key elements here are that Council would not be amending the salary schedule; the temporary increase is not being granted pursuant to a City contract or labor policy, and it is not available to any other City employees. It cannot be stated with certainty what CALIPERS would determine regarding the increased salary. However, it should be pointed out that even if this additional amount were included in the PERS retirement formula, if Ms. Petru were to receive future cost of living increases before her retirement, this temporary salary increase could be subsumed within the COLA increases, depending upon the amount of the increase(s). CONCLUSION It is recommended that the City Council approve the increase of the automobile allowance of $350 per month and a salary increase in the amount of $650 per month for the Deputy City Manager through the end of the 2014-15 fiscal year. G-2