Loading...
HomeMy WebLinkAboutReso - CC - 065-2013RESOLUTION NO. 65-2013 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE EMPLOYMENT OF GUS GUINAN FOR THE PROVISION OF PROFESSIONAL SERVICES AS ACTING CITY ATTORNEY FOR THE CITY OF BURLINGAME FOR THE PERIOD OF AUGUST 5 — 16, 2013 WHEREAS, Gus Guinan acted as City Attorney of the City of Burlingame between January of 2009 and March of 2013 and faithfully executed the duties of that office; and WHEREAS, Gus Guinan has submitted his retirement papers to the California Public Employees Retirement System and retired effective March 9, 2013; and WHEREAS, the City Council appointed a new City Attorney, Kathleen Kane, effective April 1, 2013; and WHEREAS, Ms. Kane will be abroad on a previously -scheduled vacation August 5-16, 2013, and the City Council requires the assistance of a qualified person who has the special skills and knowledge to perform City Attorney services for the City during that period; 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 finding 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, the compensation to be paid to Mr. Guinan does not exceed the maximum pay schedule for the vacant position ($92.73), and he will not work more than 960 hours in any fiscal year; and WHEREAS, Mr. Guinan is qualified to assumed the duties of Acting City Attorney during the two-week period of Ms. Kane's temporary absence from the City, 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 perform the duties and responsibilities of Acting City Attorney for the period of August 5-16, 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 employment of Gus Guinan as Acting 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 will be out of the office on previously - scheduled leave August 5-16, 2013. 3. The City Council finds that Gus Guinan has the specialized skills and knowledge needed to perform work as Acting 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 Acting City Attorney for a limited duration of time. 5. The rate of pay for the employment of Gus Guinan as Acting City Attorney shall not exceed the maximum paid by the City to other employees performing comparable duties or the maximum pay for the position as defined in the City's salary schedule ($92.73 per hour); he shall acquire no service credit or retirement rights with respect to this employment as Acting 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. -(�- Mayor (,.Mary Ellen Kearney, City Clerk. of the City.pf, Burlingame, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City-Courr6l held on the 1 st day of July, 2013, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK,BROWNRIGG, DEAL-EEIGHRAN-NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ity CIA