REPORT TO COUNCIL
SUBJECT
Title
Action on Resolution for an Exception to the 180 Day Waiting Period to Appoint David Staub, a Retired Annuitant to Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Department of Public Works to Perform Work as a Deputy Director
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
It is recommended that Dave Staub, formerly a Deputy Director with the Department of Public Works, be rehired as retired annuitant on January 20, 2026. The Department is beginning a Deputy Director recruitment and, while the recruitment is ongoing, the City is requesting to hire Mr. Staub to perform special projects in the Department of Public Works which primarily impact and support key department operations and functions, including Super Bowl and FIFA coordination.
As noted previously, Mr. Staub was most recently a Deputy Director (Job Code 176) in the Department of Public Works and retired on December 31, 2025. He was hired as by the City on November 29, 1999 as a Solid Waste Superintendent (Job Code 152), promoted to Superintendent of Streets and Storm Maintenance (Job Code 159) on December 14, 2008, was promoted to the position of Deputy Director (Job Code 176) on September 1, 2013.
It should be noted that retired annuitants do not receive benefits from the City and are limited to nine hundred and sixty (960) hours of work per year.
Mr. Staub’s experience will produce efficiencies which will benefit the City and the Department, especially as it relates to the Super Bowl and FIFA, for which his activities will be fully reimbursed to the City in accordance with the city’s agreements for hosting the events at Levi’s Stadium. In addition to assisting the Department with Super Bowl and FIFA coordination, the Department anticipates assigning the various special projects to Mr. Staub including, but not limited to, the following: solid waste rate analysis and updates, landfill monitoring and regulatory agency coordination, capital and operating budget preparation/management for the Streets Division, wetland mitigation proposal coordination for the Related project, Cleanup Campaign coordination and resource procurement, department emergency operations support, coordinating with HR on implementing new safety programs, and other tasks as needed. Additionally, he will assist with cross training the new Deputy Director once hired.
The City seeks to appoint Mr. Staub to a limited term and for a period which spans the 180 day wait period. In his appointment, Mr. Staub will be assigned duties comparable to the Deputy Director classification, including those described above. This appointment will mean the City will have the necessary expertise concerning operations primarily related to Super Bowl and FIFA and preserve institutional knowledge until the time the City is able to successfully recruit and onboard a new Deputy Director in 2026. This employment arrangement would fall under the type 1 appointment (Government Code Section 21224).
The recommended actions would certify Mr. Staub’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. He 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 ending no later than January 20, 2028; and
5. Compensation will be within the posted salary range in the publicly available salary schedule.
It should be noted that this is the second request in fiscal year 2025-26 that has been brought before City Council for approval. The last request was approved by City Council on October 21, 2025, for the rehire of a retired annuitant to perform work comparable to a Management Analyst in the Community Development Department.
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* |
|
Dave Staub |
$117.32 |
$112,627.20 |
*Limited to 960 hours
As noted above, retired annuitants also do not receive any benefits. Sufficient appropriations are available in the Department of Public Works 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 Dave Staub, a retired annuitant, to serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Department of Public Works to perform work as a Deputy Director.
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, Dave Staub, a Retired Annuitant
2. Staub, Dave - Offer Letter