REPORT TO COUNCIL
SUBJECT
Title
Action on Resolution for an Exception to the 180 Day Waiting Period to Appoint Kathy Bunce, A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Community Development Department to Perform Work as a Management Analyst
Report
BACKGROUND
Generally, the Public Employment Retirement Law (PERL) requires that retired annuitants serve a 180-day wait period before working in a retired annuitant position. However, the PERL also provides for exceptions to this waiting period if certain criteria are met and the governing body of the public agency adopts a non-consent calendar resolution at a public meeting approving the appointment as a critically needed position before the 180 days has passed. The adoption of the resolution allows the employer to hire a retired annuitant to perform work of a limited duration requiring specialized skills (Government Code Sections 7522.56 and 21224).
DISCUSSION
Kathy Bunce was a Management Analyst in the Community Development Department. She retired on September 27, 2025. It is recommended that Ms. Bunce be rehired on October 14, 2025. The Department has begun a Management Analyst recruitment for the position Ms. Bunce left vacant at her retirement. At this time, the City is requesting to hire Ms. Bunce to perform special projects in the Community Development Department which have May 2026 reporting and filing due dates.
Ms. Bunce’s specialized skills as a Management Analyst will produce efficiencies which will benefit the Department. The Department will assign the following special projects to Ms. Bunce: Housing and Urban Development (HUD) reports; funding reports for Community Block Development Grants (CBDG) and HOME funds; grant oversight, including reporting and compliance; oversee progress toward meeting CDBG timeliness by May 2026; evaluate possible changes to the Neighborhood Conservation and Improvement Program (NCIP) home repair program to increase cost efficiency and impact; assess executed the FY 25/26 CDBG and HOME grant agreements with subrecipients; assist with preparation of the 26/27 Annual Action Plan; and train the new Management Analyst.
The City seeks to appoint Ms. Bunce to a limited term and for a period which spans the 180 day wait period. In her appointment, Ms. Bunce will be assigned duties comparable to the Management Analyst classification. This appointment will mean the City will have the necessary expertise concerning various federal grants, appropriate fund distribution assistance and oversight, and training to orientate and preserve institutional knowledge until the time the City is able to successfully recruit and onboard a new Management Analyst in 2026. This employment arrangement would fall under the type 1 appointment (Government Code Section 21224).
The recommended actions would certify Ms. Bunce’s appointment meets the requirements as defined in Government Code Sections 7522.56 and 21224, specifically:
1. Appointment is necessary to perform critically needed duties prior to the expiration of the 180-day wait period;
2. She has not received a Golden Handshake or any other form of retirement-related incentive;
3. Adoption of resolution was not placed on the consent calendar;
4. Employment will be limited to 960 hours/fiscal year, and not exceed 2 extensions of this period; and
5. Compensation will be within the posted salary range in the publicly available salary schedule.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The Public Employees’ Pension Reform Act (PEPRA) sets forth limitations for compensating retired annuitants. All retirees must be paid hourly, at no less than the minimum, nor more than the maximum, paid to employees doing similar work. Based on the CalPERS formula for setting retired annuitant pay rates, the individual will be paid at the hourly rate for as-needed consultant position as follows:
|
Retired Annuitant |
Hourly Rate of Pay |
Fiscal Year Maximum Amount |
|
Kathy Bunce |
$78.21 |
$75,082 |
Retirees also do not receive any benefits. Sufficient appropriations are available in the Community Development Department to fund this position.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov.
ALTERNATIVES
1. Adopt the attached Resolution to permit a Retired Annuitant to provide valuable service to the City post-retirement but within the first 180 days of their retirement; or
2. Direct Staff to return with other options
RECOMMENDATION
Recommendation
Adopt a Resolution for an Exception to the 180 Day Waiting Period To Appoint, Kathy Bunce, A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Community Development Department to Perform Work as a Management Analyst.
Staff
Reviewed by: Marco Mercado, Acting Director of Human Resources
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution for an Exception to the 180 Day Waiting Period To Appoint, Kathy Bunce, a Retired Annuitant
2. Bunce, Kathy - Offer Letter