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HomeMy WebLinkAboutReso 24-06 Small Claims Court Designee RESOLUTION NO. 24 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ._.***-** RESCINDING RESOLUTION NO. 91-92 AND DESIGNATING EMPLOYEES AUTHORIZED TO APPEAR IN SMALL CLAIMS COURT ON BEHALF OF THE CITY OF DUBLIN WHEREAS, On July 27, 1992, the City Council adopted Resolution No. 91-92, which authorized certain employees to appear in small claims court on behalf of the City of Dublin; and WHEREAS, The designated employees in the Resolution should be rescinded and updated based on changes in Staff; and WHEREAS, the City of Dublin is a municipal corporation authorized to conduct business as a general law city in the State of California; and WHEREAS, State law explicitly states that the designated employee must be engaged for purposes other than solely representing the party in small claims court; and WHEREAS, it is desirable and necessary for the City Council to appoint an agent to act for and on its behalf in the Small Claims Division of the Alameda County Superior Court; and WHEREAS, the intent of this resolution is to formally identifY the basis for the authorization; and WHEREAS, the designated employee must also declare that the individual is not employed solely to represent the City in small claims court. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby rescind Resolution 91-92. BE IT FURTHER RESOLVED that pursuant to the Code of Civil Procedure Section 116.540(b), the City Council through the adoption of this resolution has determined that the following positions are suitable for such appointment to represent and appear for the City of Dublin for the lawful purpose of any all claims filed in Small Claims Court for and on behalf of the City of Dublin: Police Services CURRENT INCUMBANT Paul S. Rankin Julie Carter Fred Marsh Melissa A. Morton Am Cunnin am BE IT FURTHER RESOLVED that the positions noted above have duties and responsibilities which extend beyond the authorization identified in this resolution. Reso # 24-06, Adopted 3/7/06, Item 4.6 Pa!!;e 1 of2 BE IT FURTHER RESOLVED that the authorization shall also apply to subsequent employees who hold these positions. BE IT FURTHER RESOLVED that the City Manager shall retain the authority to designate which of the authorized positions shall represent the City on any particular matter. PASSED, APPROVED AND ADOPTED this 7th day of March, 2006, by the following vote: AYES: Councilmembers Hildenbrand, McCormick and Oravetz, and Mayor Lockhart NOES: None ABSENT: Councilmember Zika ABSTAIN: None ATTA l~~ City Clerk Reso # 24-06, Adopted 3/7/06, Item 4.6 Page 2 of2