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HomeMy WebLinkAboutReso - CC - 016-2013RESOLUTION NO. 16-2013 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE EMPLOYMENT OF GUS GUINAN FOR THE PROVISION OF PROFESSIONAL SERVICES AS INTERIM CITY ATTORNEY FOR THE CITY OF BURLINGAME WHEREAS, Gus Guinan has been City Attorney of the City of Burlingame since January of 2009 and has faithfully executed the duties of that office; and WHEREAS, Gus Guinan has submitted his retirement papers to the California Public Employees Retirement System and will retire effective March 9, 2013; and WHEREAS, the City Council has undertaken a recruitment process and has selected a new City Attorney, Kathleen Kane, who will officially take office on April 1, 2013; and WHEREAS, during the three-week time period between the retirement of Gus Guinan and the commencement of Kathleen Kane's position as City Attorney, the City Council requires the services of a qualified person who has the special skills and knowledge to perform City Attorney services for the City; and WHEREAS, pursuant to Government Code section 7522.56, a person who retires from a public employer may be re-employed by the public employer without reinstatement from retirement or loss or interruption of benefits if appointed by the City Council upon a fording that the retired person has skills needed to perform work of limited duration; and WHEREAS, pursuant to Government Code section 7522.56, a retired person is not eligible to be employed for a period of 180 days following the date of retirement unless the City Council certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days has passed and the appointment has been approved by the governing body of the employer in a public meeting; and WHEREAS, pursuant to Government Code section 21221, as amended by AB 1028, the City Council may appoint a retired person to fill a vacant position provided that the interim term of the appointed retiree shall not exceed twelve (12) months, that the compensation paid to the retiree shall not exceed the maximum pay schedule for the vacant position ($92.73), that the retiree shall not work more than 960 hours in any fiscal year and that the appointment shall only be for the time necessary for the recruitment and placement of a permanent replacement; and WHEREAS, Mr. Guinan is qualified to fill the vacant City Attorney position during the three week period before Kathleen Kane assumes office as Burlingame's new City Attorney, especially given his knowledge of the City's current issues, the City organization and the City community; and WHEREAS, Gus Guinan has expressed his willingness to continue performing the duties and responsibilities for the limited period of time until Kathleen Kane assumes the position of City Attorney on April 1, 2013; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council finds that all of the facts stated in the recitals, within the staff report and in statements made at the Council meeting are true and correct. 2. The City Council certifies the nature of the employment as City Attorney and that the appointment of Gus Guinan as Interim City Attorney is necessary to fill a critically needed position before 180 days has passed after the date of his retirement because the new City Attorney Kathleen Kane cannot assume the office as City Attorney until April 1, 2013. 3. The City Council finds that Gus Guinan has the specialized skills and knowledge needed to perform work as Interim City Attorney for a period of limited duration. 4. The City Council hereby approves the employment of Gus Guinan for the provision of professional services to the City of Burlingame as Interim City Attorney for a limited duration of time. 5. Pursuant to Government Code section 7522.56, the rate of pay for the employment of Gus Guinan as Interim City Attorney shall not exceed the maximum paid by the City to other employees performing comparable duties ($92.73 per hour); he shall acquire no service credit or retirement rights with respect to this employment as Interim City Attorney during this limited time period. 6. Mr. Guinan shall certify in writing that he has not received any unemployment insurance compensation arising out of prior employment with a public employer. Ann Ke' an, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 4th day of March, 2013, by the following vote: AYES: Councilmembers: BAYLOCK, NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE 2 , DEAL, KEIGHRAN, NAGEL Mary Ellen Kearney, City Cl rk