DATE: June 4, 2024
TO: Board of Supervisors
SUBMITTED BY: Paul Dictos, C.P.A, Assessor-Recorder
SUBJECT: Resolution to fill Program Technician II, Step 5, with Extra-Help Retiree
RECOMMENDED ACTION(S):
TITLE
Adopt resolution to fill a Program Technician II, Step 5 position with Extra-Help retiree Norma Sutton, part-time, effective June 4, 2024, finding, pursuant to Government Code section 7522.56 (f)(1), that a 180-day separation period for retired employees returning to employment as Extra-Help is not applicable based on your Board certification that the nature of employment and appointment is necessary to fill a critically needed position before the 180-day separation period.
REPORT
Approval of the recommended action will adopt a resolution consistent with exceptions identified in the provisions of Government Code section 7522.56 (f)(1) that, except certain critically needed positions, retirees are subject to a 180-day separation (“sit-out”) period following the date of retirement for employees who are re-employed by a public agency within the same retirement system. The recommended action meets the requirements of the California Public Employees’ Pension Reform Act (PEPRA), which went into effect January 1, 2013.This item is countywide.
ALTERNATIVE ACTION(S):
Your Board could choose to not approve the recommended action, which would result in staff to work overtime to complete the tasks that would be covered by this extra-help employee. Additionally, staff will need to work additional hours to learn unique assessments as they arise, and research new legislations as needed which the requested retiree has previous knowledge and experience completing.
FISCAL IMPACT:
There is no additional Net County Cost associated with the recommended action. Sufficient appropriations and revenues for the appointment are included in the FY 2023-24 Assessor-Recorder Org 0420 Adopted Budget.
DISCUSSION:
On September 12, 2012, the California Public Employees’ Pension Reform Act, which is known as “PEPRA” (Assembly Bill 340), was signed into law effective January 1, 2013. Additionally, Assembly Bill 197, which amends a portion of the 1937 Act, was signed into law the same date to become effective January 1, 2013.
The PEPRA legislation includes provisions in Government Code section 7522.56 requiring a 180-day separation (“sit-out”) period following the date of retirement for retirees who are re-employed by a public
agency with the same retirement systems as an employee or through a contract unless:
• The employee is a “public safety officer,” or
• The employer certifies the nature of the employment, and that appointment is necessary to fill a critically needed position before the 180 days has passed.
For the second exception above, legislation stipulates that your Board, as the employer’s governing body, must approve by resolution the appointment in a public meeting and not on the consent calendar.
Norma Sutton’s last working day was March 29, 2024. Prior to her retirement, Mrs. Sutton held her position as a Program Technician II, Step 5, with the County of Fresno, Assessor’s Office for 33 years. As such, Mrs. Sutton has vast and irreplaceable knowledge of the assessment functions within the Department.
The specialty of the position would require an extended period of time to train a replacement. Therefore, the Department would like to bring back Mrs. Sutton prior to her 180-day separation period to train current staff on these specialized duties.
It is anticipated that the need for Mrs. Sutton to work extra-help will continue until the Department is able to fill the Program Technician II position. It is anticipated the need will be limited to a few months. In this part-time, extra-help capacity, Mrs. Sutton will return as a Program Technician II, Step 5, and will not work more than 960 hours during the year as set forth in PEPRA. Mrs. Sutton will continue to maintain operational mandates and will assist in training current Assessor-Recorder staff. The Department will be subject to, and will comply with, all other extra-help rules and requirements.
The Fresno County Employees’ Retirement Association has reviewed this item and has no objections to Mrs. Sutton’s extra-help employment.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolution
CAO ANALYST:
Salvador Espino