AGENDA TITLE:
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Adopt a Resolution Appointing James Lindsay, a Retired PERS Annuitant, as Interim City Manager, and Approving Amendment to Employment Agreement at the Same Rate of Pay of $140 per hour and Not to Exceed 960 hours in a Fiscal Year (CA)
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MEETING DATE:
November 5, 2025
PREPARED BY:
Janelle Krattiger, Assistant City Attorney
recommendation
RECOMMENDED ACTION:
Adopt a Resolution appointing James Lindsay, a retired PERS annuitant, as Interim City Manager, and approving amendment to employment agreement at the same rate of pay of $140 per hour and not to exceed 960 hours in a fiscal year.
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BACKGROUND INFORMATION:
The City entered into an Agreement with James Lindsay on May 7, 2025, to serve as Acting City Manager, effective May 8, 2025 (“Agreement”), through Resolution 2025-065. Since Mr. Lindsay is a retired PERS annuitant, his Acting City Manager role was authorized under California Government Code Section 21224as as extra help to perform work of a specialized skill for a limited duration.
On October 6, 2025, the City Council adopted preliminary Resolution 2025-176, initiating the process to separate with the City’s current City Manager, Scott R. Carney. On November 5, 2025, City Council then considered a resolution removing Mr. Carney from office effective November 6, 2025, and appointing Mr. Lindsay to temporarily serve as the Interim City Manager, while the City undertakes the recruitment process to hire a permanent replacement for the City Manager position.
Section 21221(h) of the California Government Code specifically authorizes the appointment of a retired annuitant to a vacant position during recruitment for a permanent appointment. This Section requires (1) the appointment(s) of the retired annuitant not to exceed a combined total of 960 hours per fiscal year, (2) the compensation cannot exceed the maximum monthly base salary paid to other employees performing comparable duties based on an hourly rate, and (3) the retired annuitant cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate.
The attached Amendment to Acting City Manager Contract was prepared to acknowledge the City Council’s appointment of Mr. Lindsay as Interim City Manager effective November 6, 2025, and to extend the term of the Agreement to allow the City to retain the services of Employee, a retired PERS annuitant, as its Interim City Manager while the permanent position is vacant through the city manager recruitment process in accordance with Section 21221(h).
Mr. Lindsay desires to accept the appointment and the employment as the City’s Interim City Manager during the permanent city manager recruitment and he will be compensated at the same $140 per hour rate for a maximum of 960 hours within a fiscal year as originally approved in his Agreement.
Therefore, staff recommends Council adopt a resolution appointing James Lindsay, a retired PERS annuitant, from Acting City Manager to Interim City Manager in accordance with Government Code Section 21221(h), and approving amendment to Mr. Lindsay’s employment agreement.
STRATEGIC VISION:
3A. Fiscal Health: Promote City's transparency & fiscal fluency.
FISCAL IMPACT:
Not Applicable.
FUNDING AVAILABLE:
Funding available in City Manager’s Budget 10010000.