To: Honorable Mayor and Members of City Council
From: Heather Ruiz, Human Resources Director
Prepared By: Joy Eldredge, Utilities Director
TITLE:
Title
Authorize the Appointment Philip Brun as an Extra-Help Retired Annuitant
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt a resolution authorizing the appointment of Philip Brun as an extra-help retired annuitant to be employed within 180 days of the employee’s retirement.
Body
DISCUSSION:
The Utilities Department oversees the Water Division and the Solid Waste and Recycling Division. This includes water treatment, distribution, and conservation, as well as solid waste and recycling collection. The Water Division of the Utilities Department supplies clean, safe, reliable drinking water to over 86,000 customers throughout the City of Napa and unincorporated Napa County. The Utilities Department is operational 24 hours a day, and responds to a variety of calls for service 7 days a week, 365 days a year.
Philip Brun, Utilities Director, retired on December 31, 2024, and has agreed to help by returning to work as a part-time retired annuitant. Currently, our Utilities Department is experiencing significant backlog. Mr. Brun would perform assigned tasks related to the following projects: Hidden Glen landfill, emergency replacement of the 36-inch transmission main, Debris Management Plan, terms of the Napa Recycling Waste Services contract and Falcon Ridge Agreement, CEQA for the St Helena Water Supply Amendment, Water Master Plan and Valley Wide Optimization. This will help supplement staff efforts in advancing these projects in the timely manner needed.
Mr. Brun has technical expertise in project engineering and water system operational needs as well as high level understanding of City of Napa and local agency water supplies. He has intimate knowledge of the history and obligations associated with these projects, so can provide seamless support. For these reasons along with his immediate availability, staff determined hiring Mr. Brun as a retired annuitant would be the best solution to address the needs of the department. Also, hiring Mr. Brun is the most cost effective and efficient approach rather than trying to hire someone else on a part-time basis and bringing them up-to-speed during a time when the Utilities Department has an urgent need to execute an emergency transmission main project, avoid delays to current projects, and ensure continued critical utility services to the community as seamlessly as possible. Staff is recommending bringing on a retired annuitant with specialized knowledge in these areas, as well as unique knowledge of the City of Napa.
In 2012, the State of California passed the California Public Employees’ Pension Reform Act of 2013, which added Section 7522.56 to the Government Code. This law generally requires that employees retiring from public service under CalPERS must serve a 180-day wait period prior to returning to work as a Retired Annuitant. However, the Act also states an exception to the 180-day wait period if “the employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employee in a public meeting.”
In this case, Mr. Brun has the specific skills and knowledge required to perform duties related to utility services and to support the department’s engineering efforts. These projects ensure the City provides utility services without interruption and implements emergency projects in a timely manner. The critical need to provide utility services in combination with Mr. Brun’s specialized experience creates a unique circumstance meriting the exception of the 180-day wait period for this employee.
FINANCIAL IMPACTS:
The costs for this appointment can be absorbed by savings in the approved budget.
CEQA:
The Human Resources Director has determined that the Recommended Action described in this Agenda Report is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c).
DOCUMENTS ATTACHED:
ATCH 1 - Resolution
NOTIFICATION:
None.