Even as Ross battles a former town manager over his pension calculation, it is waging a similar fight with its former recreation director.
Patricia Riley, who goes by the name Pam, ran Ross Recreation from 1983 to 2014, ending with an annual salary of $70,000.
When she retired, the California Public Employees’ Retirement System determined her tenure qualified her for a pension. The CalPERS analysis noted that the Ross recreation director carries out town business and that the recreation commission is appointed by the Town Council.
The town appealed, filing a 21-page memorandum asking CalPERS to reverse its finding. The memorandum, by Michael Youril of the Sacramento law firm Liebert Cassidy Whitmore, argues that Ross Recreation was created as an independent entity and Riley was an independent contractor.
The town also accused Riley of putting the town at a disadvantage by her “unreasonable delay” in asserting her “alleged employment.”
“During the more than 30 year period, individuals who were familiar with the hiring of Ms. Riley and the operation of Ross Recreation have become unavailable, disappeared, or have forgotten important details,” Youril wrote. “The Town is precluded from interviewing several individuals who possessed relevant information regarding Ms. Riley’s alleged employment with the Town and is unable to defend itself in this matter.”
The dispute will be heard by an administrative law judge with the state Office of Administrative Hearings. The hearing date is pending.
Riley is receiving no state pension while the conflict is being resolved.
Broad dispute
In September, an administrative law judge in Oakland is scheduled to hear a similar dispute between Ross and former town manager Gary Broad.
From 2002 to 2011, Broad was the top municipal administrator and also worked as planning director. Before that, from 1991 to 2002, he provided planning services under a part-time contract.
Broad left Ross in 2011 to manage St. Helena, then retired from the public sector in 2014. In calculating his length of public employment for his pension, Broad included stints in Lake County, Emeryville, Petaluma and St. Helena and his lengthy career in Ross.
But Ross balked on the 1991-2002 period, saying Broad fully understood he did not have employee status then. Similar to its accusations against Riley, the town accused Broad of putting the town at a disadvantage through “delay and inaction.”
“If there was a problem in how he was treated for purposes of PERS membership, he was the person responsible to see that it was investigated and, if appropriate, corrected,” the town said. “Despite this duty, he waited for over 10 years, until memories had faded and details may have been lost, before requesting credit.”
CalPERS came down on Broad’s side. Its analysis cited the fact that Broad attended council meetings on top of his 20-hour work week, had town-issued business cards, and worked at Town Hall, among other factors.
Broad’s peak annual salary in Ross was approximately $195,000. His monthly pension is $7,856.78, excluding the disputed 11-year period.
Ross has about 2,400 residents.
