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462/".711Ai d e v 1 1:10k i,d Resolution No. 14-160
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RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD
GC SECTIONS 7522.56 &21221(h)
RETIRED ANNUITANT APPOINTED AS AN INTERIM
WHEREAS, in compliance with Government Code section 7522.56 the Butte County Board of Supervisors must
provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his/ her retirement
date; and
WHEREAS, Constance Carter (0191) retired from Butte County District Attorney's Office in the position District
Attorney- Chief Administration, effective November 1, 2014; and
WHEREAS, section 752236 requires that post-retirement employment commence no earlier than 180 days after
the retirement date, which is April 19, 2015 without this certification resolution; and
WHEREAS, section 752236 provides that this exemption to the 180 day wait period shall not apply if the retiree
accepts any retirement-related incentive; and
WHEREAS, the Butte County Board of Supervisors, the District Attorney and Constance Carter certify that
Constance Carter has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the Butte County Board of Supervisors hereby appoints Constance Carter as an interim appointment
retired annuitant to the vacant position of District Attorney- Chief Administration for the District Attorney under
Government Code section 2122(h) effective November 4, 2014; and
WHEREAS, an appointment under Government Code section 2122(h) requires an active, publicly posted
recruitment for a permanent replacement; and
WHEREAS, the current status of this recruitment is in progress; and
WHEREAS, this section 2122(h) appointment shall only be made once and therefore will end on April 19, 2015;
and
WHEREAS,the entire employment agreement,contract or appointment document between Constance Carter and
the Butte County District Attorney has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues,terms or conditions related to this employment and appointment have been or will
be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
WHEREAS,the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly
base salary paid to other employees performing comparable duties, divided by 173333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is monthly $8242.36 and the hourly equivalent is $47.55,
and the minimum base salary for the position is $615056 monthly and the hourly equivalent is$35A8 and
WHEREAS, the hourly rate paid to Constance Carter will be $47.55; and
WHEREAS, Constance Carter 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 pay rate; and
THEREFORE, BE IT RESOLVED THAT the Butte County Board of Supervisors hereby certifies the nature of the
appointment of Constance Carter as described herein and detailed in the attached employment
agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position
of the District Attorney- Chief Administration for the Butte County District Attorney by November 4, 2014 because the
recruitment to find a permanent replacement for the District Attorney- Chief Administration is in progress and the
responsibilities of this position cannot go unattended.
PASSED AND ADOPTED this 4th day of November, 2014, by the following votes:
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES: None
ABSENT: None
NOT VOTING: None
DOUG TEETER, Chair
Butte County Board of Supervisors
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