CC Resolution 12333RESOLUTION NO. 12333
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO APPROVE
HIRING DENNIS (VY) NGUYEN AS TEMPORARY PART TIME EXTRA HELP PURSUANT TO
180-DAY WAITING PERIOD EXCEPTION
WHEREAS, Government Code Section 7522.56 permits the City Council to hire a retired
annuitant with specialized skills as extra help, 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 position of Accounting Technician responsible for payroll services has been
vacant since March 27, 2018; and
WHEREAS, Dennis (Vy) Nguyen, CaIPERS ID 1327155504, retired from the City the position of
Accounting Technician, effective March 27, 2018; and
WHEREAS, in compliance with Government Code Section 7522.56(f), the City of Campbell
must provide CaIPERS this certification resolution when hiring a retiree before 180 days have
passed since his or.her retirement date; and
WHEREAS, Section 7522.56 requires that post-retirement employment commence no earlier
than 180 days after the retirement date, which is September 27, 2018, without this certification
resolution; and ~
WHEREAS, Section 7522.56 provides that this exception to the 180-day wait period shall not
apply if the retiree accepts any retirement-related incentive; and
WHEREAS, the Campbell City Council, the City of Campbell, and Dennis (Vy) Nguyen certify
that Dennis Nguyen has not and will not receive a Golden Handshake or any other retirement-
related incentive; and
WHEREAS, the Campbell City Council desires to hire Dennis (Vy) Nguyen as extra help to
provide payroll services on June 20, 2018 or soon thereafter; and
WHEREAS, Dennis (Vy) Nguyen has 17 years of experience in providing payroll services with
the City of Campbell; and
WHEREAS, the position of Accounting Technician responsible for payroll is currently vacant
pending a review of alternative approaches to providing payroll services and due to the critical
nature of work this appointment is necessary to provide accurate and uninterrupted service; 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 hourly pay for this position is $44.70, and the minimum base
hourly pay for this position is $36.78, subject to annual COLA increase on or after July I, 2018;
and
WHEREAS, the current hourly rate to be paid to Dennis (vy) Nguyen will be $44.70, subject to
increase on or after July 1, 2018; and
WHEREAS, Dennis (vy) Nguyen has not and will not receive any other benefit, incentive
compensation, in-lieu-of benefit, or any other form of compensation in addition to this hourly pay
rate.
NOW, THEREFORE, the City Council of the City of Campbell 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 Dennis (vy) Nguyen as
described herein provides the specialized skills necessary to assist in processing of payroll.
3. The City Council hereby approves the hiring of Dennis (Vy) Nguyen as extra help on June 20,
2018 or soon thereafter, pursuant to the authority provided under Government Code Section
7522.56 <
PASSED AND ADOPTED this 19th day of June, 2018, by the following vote:
AYES: Gibbons, Cristina, Landry,
NOES: None
ABSENT: None
ABSTAIN: None
Waterman, Resnikoff
APPROVED:
i~' ~
Paul Resnikoff, Mayor
ATTEST:
Wendy o d, Ci Clerk