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
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