HomeMy WebLinkAbout4.06 Small Claims Court Employee Representative
CITY CLERK
File # D[]~~-[j][(j]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 7, 2006
SUBJECT:
Designation of Employees to Represent the City of Dublin in Small
Claims Court
Report Prepared by Paul S. Rankin, Administrative Services
Director
ATTACHMENTS: 1 Resolution Rescinding Resolution No. 91-92 and
Designating Employees Authorized to Appear in Small
~ Claims Court
RECOMMENDATION:~ Adopt Resolution
FINANCIAL STATEMENT:
Adoption ofthe Resolution will not have a direct financial impact
DESCRIPTION:
The City recently entered into a contract with Alameda County Central Collections (Central Collections)
to handle follow-up on delinquent receivables. As a last resort the process used by Central Collections
includes pursuing the amounts owed through an action in Small Claims Court. In researching this topic it
was discovered that a prior authorization was made by the City Council, on July 27, 1992. Resolution 91-
92, designated specified specific employees to represent the City of Dublin in Small Claims Court. The
City Attorney has advised that the provisions under the Code of Civil Procedure, regulating Small Claims
Court actions, require that any appearance in Small Claims Court shall only be by an authorized employee
or officer of the entity bringing the action.
Since the 1992 Resolution was adopted, there have been changes in Staff. An updated Resolution
(Attachment 1) has been prepared, which will designate the incumbents in certain positions as authorized
to be representatives of the City, should any matters occur in small claims court. The City Manager shall
be authorized to designate the position representing the City on any particular matter. Attachment 2 also
establishes that the authority is assigned to the position and not solely the current incumbent.
RECOMMENDATION:
Staff recommends that Council adopt the attached Resolution
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COpy TO:
ITEM NO.
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RESOLUTION NO. - 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 ofthe 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 ofthe City of Dublin:
POSITION
Administrative Services Director
Assistant to the City Manager (Risk Manager)
Finance Manager
Public Works Director
Sr. Administrative Analvst (Police Services)
CURRENTINCUMBANT
Paul S. Rankin
Julie Carter
Fred Marsh
Melissa A. Morton
Amv Cunningham
BE IT FURTHER RESOLVED that the positions noted above have duties and responsibilities which
extend beyond the authorization identified in this resolution.
BE IT FURTHER RESOLVED that the authorization shall also apply to subsequent employees who
hold these positions.
<t. b 3(7/00
A TT ACHMENT 1
l o~ 2-
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.
AYES.
NOES.
ABSENT
ABSTAIN
Mayor
ATTEST
City Clerk
G:\Finance Stajj\FredIResolution small claims court - employees.DOC