Turlock executive cleared of ethics complaint, California retirement system reports
The California Public Employees’ Retirement System determined an ethics complaint against Gary Hampton was unsubstantiated, a spokesperson said Thursday.
A complaint submitted in June alleged Hampton, a retiree of the system known as CalPERS, worked more than his allowed hours while employed as Turlock’s acting city manager.
CalPERS closed the complaint and did not issue any determination letters because the allegations were unsubstantiated, Amy Morgan said in a Thursday email to The Bee. No further details could be released, Morgan said.
The agency also denied a public records request for copies of the complaint last week, more than a month after The Bee filed the request. CalPERS cited exemptions under two government codes, one of which allows agencies to withhold records when they believe not disclosing records serves the public interest better.
Hampton worked as acting city manager from January until late May, when he told The Bee he reached the 960-hour limit CalPERS enforces for retirees employed by agencies that are part of the system. Violating the rule designed to prevent benefit abuse means retirees must pay back pension payments they received while earning hourly pay from temporary jobs. The involved employer likewise must pay contributions to the retirement system.
“We are gratified that CalPERS confirmed that the anonymous individual’s complaint against Gary Hampton was without any basis in fact,” Interim City Manager Sarah Eddy said in an email. “It’s unfortunate that distinguished public servants like Gary have to endure anonymous slanders, but it’s the price we sometimes pay in serving Turlock residents.”
Hampton did not respond to requests for comment. CalPERS notified the city of a report through its ethics hotline that Hampton worked past the maximum retiree working hours for the fiscal year, Eddy previously told the Bee. The city told the agency he did not break the rule, Eddy added.
Before CalPERS completed its review of the complaint, the City Council on Aug. 10 again hired Hampton, this time as the interim police chief. Ongoing CalPERS reviews do not prevent retirees from working, Morgan previously told The Bee.
Complaint reviews typically take 90 days, Morgan said, meaning CalPERS completed Hampton’s review relatively quickly. The agency determines the majority of complaints to its ethics helpline are unsubstantiated, per the most recent available data. From April 2020 to March 2021, CalPERS determined 80% of the 131 complaints it closed were unsubstantiated, per a committee report.
Hampton is among four retired city employees Turlock has hired since July to temporarily fill interim department head positions while recruiting candidates. The city hired Julie Burke on July 13 as interim finance director, Kellie Weaver on July 27 as interim city clerk, Hampton on Aug. 10 as interim police chief and Daniel Madden on Aug. 24 as interim municipal services director.
Their hourly pay ranges from about $58 to $90 per hour. None of them can receive additional benefits, according to CalPERS rules.
