CC RES 2020-018 RESOLUTION NO. 2020-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, APPOINTING
NUNC PRO TUNC HAROLD "KIT" FOX AS INTERIM
DEPUTY CITY MANAGER PURSUANT TO GOVERNMENT
CODE § 21221(h)
WHEREAS, Government Code § 21221(h) of the Public Employees' Retirement
Law permits the City Council of the City of Rancho Palos Verdes to appoint a CaIPERS
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 Rancho Palos Verdes desires to
appoint, nunc pro tunc, Mr. Harold "Kit" Fox as an interim appointment retired annuitant
to the vacant position of Deputy City Manager for the City of Rancho Palos Verdes,
California, pursuant to Government Code § 21221(h), such appointment to be deemed
effective as of December 7, 2019; and
WHEREAS, the City Council of the City of Rancho Palos Verdes, the City of
Rancho Palos Verdes, California and Mr. Harold "Kit" Fox, jointly and severally certify
that Mr. Fox has not and will not receive a "Golden Handshake" or any other retirement-
related incentive; and
WHEREAS, an appointment under Government Code § 21221(h) requires the
retiree is appointed into the interim appointment during recruitment for a permanent
appointment; and
WHEREAS, the City Council of the City of Rancho Palos Verdes has authorized
the search for a permanent appointment on December 7, 2019; and
WHEREAS, this Government Code § 21221(h) appointment shall only be made
once and therefore will end on or before the retired annuitant reaches 960 hours; and
WHEREAS, the employment agreement, contract or appointment document
between Mr. Fox and the City of Rancho Palos Verdes, California, has been reviewed
by the City Council of the City of Rancho Palos Verdes and is attached hereto as Exhibit
"A," and incorporated 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 base salary for this position is $196,784 per year and
the hourly equivalent is $94.67 per hour; the minimum base salary for this position is
$115,823 per year and the hourly equivalent is $55.68 per hour; and
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WHEREAS, the hourly rate paid to Mr. Fox will be $90.00 per hour; and
WHEREAS, Mr. Fox 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.
NOW, THEREFORE, THE RANCHO PALOS VERDES CITY COUNCIL HEREBY
FINDS, DETERMINES AND RESOLVES, AS FOLLOWS:
SECTION 1. The City Council hereby certifies the nature of the employment of Mr.
Harold "Kit" Fox as set forth in more detail in that certain Personnel Action form, attached
hereto as Exhibit "A," and incorporated herein, is necessary to fill the critically needed
position of Deputy City Manager for the City of Rancho Palos Verdes, California.
SECTION 2. The City Council hereby deems such appointment and this resolution
to be declared effective December 7, 2019 nunc pro tunc as if it had been adopted
simultaneously with and in conjunction with the foregoing appointment.
SECTION 3. The City Council finds and determines that such appointment was
necessary because the previous Deputy City Manager left employment with the City for
another municipal appointment and because the position of Deputy City Manager is
currently unfilled and in recruitment.
The City Clerk shall certify to the passage and adoption of this resolution. 111
PASSED, APPROVED and ADOPTED on this 210St day of April, 2020.
irtA U4411
Johh ruikshank, Mayor
Attest:
C-:4M41v
Emily orn, City Cler
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2020-18 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on April 21, 2020.
mily Colborn, City lerk
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Resolution No. 2020-18
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