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File #: #17-0108    Version: 1 Name:
Type: RESOLUTIONS Status: Consent Calendar
File created: 3/9/2017 In control: City Council
On agenda: 3/20/2017 Final action: 3/21/2017
Title: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO RESCINDING RESOLUTION 2017-033 AND ADOPTING A REVISED RESOLUTION APPOINTING CALPERS RETIRED ANNUITANT WALTER N. SCHULD TO THE POSITION OF INTERIM CHIEF OF POLICE AND APPROVING A REVISED EMPLOYMENT CONTRACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 21221(H)
Attachments: 1. RESO 2017-051 Retired Annuitant Contract with W.Schuld, 2. Interim Police Chief Retired Annuitant Contract 3.20.17.pdf
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PREPARED BY: TINA GALLEGOS DATE OF MEETING: 03/20/17
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO RESCINDING RESOLUTION 2017-033 AND ADOPTING A REVISED RESOLUTION APPOINTING CALPERS RETIRED ANNUITANT WALTER N. SCHULD TO THE POSITION OF INTERIM CHIEF OF POLICE AND APPROVING A REVISED EMPLOYMENT CONTRACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 21221(H)

Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution

BODY
COMPLIANCE STATEMENTS
The proposed contract is consistent with the following adopted policy items under the FY2015/17 Council Priority Workplan, effective October 1, 2016: Public Safety and Fiscal Sustainability.

CEQA Compliance Statement
This is not a project as defined by CEQA.

BACKGROUND
On February 21, 2017, the City Council adopted Resolution #2017-033 appointing retired annuitant Walter N. Schuld to the position of Interim Chief of Police and approving an employment agreement. After further review of the annuitant contract approved by said resolution, the section titled Retired Annuitant Status and Indemnification is now proposed to be amended as Mr. Schuld objected to indemnifying the City in the event of some dispute regarding CalPERS retirement restrictions. All other aspects of the contract remain the same and were detailed in the staff report of February 21, 2017 on this matter.

The language in the original contract approved on February 21, 2017 was as follows:

Retired Annuitant Status and Indemnification
If you have questions relating to employment after retirement, you should consult CalPERS directly at 888-225-7377 or www.calpers.ca.gov for more information.

You agree to assume all risk if CalPERS retirement restrictions are deemed applicable and you are required to reinstate employment and rescind your retirement if determined by CalPERS. In such a situation, you agree to defend and indemnify the City from and against any and all claims, administrative procedures, liabilities...

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