Resolution No. 677016
RESOLUTION NO. 6770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING
AS EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT TO RATIFY THE APPOINTMENT OF RODNEY
COX AS THE INTERIM POLICE CHIEF PURSUANT TO GOVERNMENT CODE
SECTION 21221(h)
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees'
Retirement Law permit the governing body to appoint a CaIPERS retiree to a vacant
position requiring specialized skills during recruitment for a permanent appointment and
provide that such appointment will not subject the retired person to reinstatement from
retirement or loss of benefits so long as it is a single appointment that does not exceed
960 hours in a fiscal year; and
WHEREAS, the City Council desires to ratify the appointment of Rodney Cox as
an interim appointment retired annuitant to the vacant position of Police Chief for the City
under Government Code section 21221(h) effective March 23, 2020; and
WHEREAS, the City Council, the City of Cypress and Rodney Cox certify that
Rodney Cox has not and will not receive a Golden Handshake or any other retirement -
related incentive; and
WHEREAS, an appointment under Government Code section 21221(h) requires
the retiree is appointed into the interim appointment during recruitment for a permanent
appointment; and
WHEREAS, the City Council has authorized the search for a permanent
appointment on February 24, 2020; and
WHEREAS, this Government Code section 21221(h) appointment shall only be
made once and therefore will end on January 31, 2021; and
WHEREAS, the entire employment agreement between Rodney Cox and the City
of Cypress has been reviewed by this body and is attached herein; and
WHEREAS, the compensation paid to retirees cannot be Tess than the minimum
nor exceed the maximum monthly base salary paid to other employees performing
comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for the position is $17,408 and the hourly
equivalent is $100.43; the minimum base salary for this position is $11,317 and the hourly
equivalent is $65.29; and
WHEREAS, the hourly rate paid to Rodney Cox will be $100.43; and
WHEREAS, Rodney Cox has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly
rate of pay;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cypress, and acting as ex -officio governing Board of Directors of the Cypress Recreation
and Park District, HEREBY certifies the nature of the employment of Rodney Cox as
described herein and detailed in the attached employment agreement and that this
appointment is necessary to fill the critically needed position of Police Chief for the City
of Cypress by March 23, 2020, because half of the authorized management positions are
currently unfilled in the Police Department and the additional Toss of the long -serving Chief
could jeopardize the Department's ability to be effectively managed, which in turn could
jeopardize the safety of the public and expose the City to legal and financial risks.
17
PASSED AND ADOPTED by the City Council of the City of Cypress, and acting
as ex -officio governing Board of Directors of the Cypress Recreation and Park District, at
a regular meeting held on the 24th day of February, 2 O.
MAYOR
ATTEST:
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CITY FT
C RK
HE'CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
F THE CITY OF CYPRESS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council held
on the 24th day of February, 2020, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Peat, Berry, Morales and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
Z
CIT LERK OF THE CITY OF CYPRESS