To: Board of Supervisors
From: Thomas L. Geiger, County Counsel
Report Title: Temporary Hire of a County Retiree and Waiver of the 180-Day Sit-Out Period for the County Counsel’s Office
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. CONSIDER waiving the 180-day sit-out period for Kathleen Andrus, retired Deputy County Counsel, in the County Counsel's Office.
2. FIND that the appointment of Ms. Andrus is necessary to fill a critically needed position; and
3. APPROVE and AUTHORIZE the County Counsel, or designee, to execute a temporary legal services contract with Ms. Andrus for the period April 14, 2026 through June 30, 2027, as recommended by the County Counsel.
FISCAL IMPACT:
Salary costs are included within the Department’s budget. The hourly rate under the contract will be $125.28. The total number of hours worked under the contract will not exceed 960 hours per fiscal year.
BACKGROUND:
The Public Employee Pension Reform Act of 2013 requires that active members who retire on or after January 1, 2013, must wait 180 days after retirement before returning to work as a temporary employee. The Act also allows the Board, based on a finding that the appointment is necessary to fill a critically needed position, to waive the 180 day sit-out period.
Ms. Andrus retired from County service on March 28, 2026. She was hired as a Deputy County Counsel in July 2008 and specialized in complex real estate and business transactions.
The appointment of Ms. Andrus through a temporary legal services contract is necessary to fill a critically needed position. Before her retirement, Ms. Andrus was the lead attorney representing the County in negotiations involving the Orbisonia Village Mixed Use Project in Bay Point. Orbisonia Village - Site A is a proposed 169-unit affordable housing project that will also include a branch Contra Costa County Library. Several County departments are involved in the project, including the County Library, Department of Conservation and Development, and the Real Property, Engineering Services, and Capital Projects divisions of the Public Works Department. It is necessary to continue utilizing Ms. Andrus’ specialized skills in complex real estate transactions, including her skills in negotiating and drafting complex business documents, in order to bring Phase 1 of the project to completion.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to waive the 180-day sit-out period and approve a temporary legal services contract may cause delays in bringing Phase 1 of the Orbisonia Village Mixed Use Project to completion.