HomeMy WebLinkAbout4.05 Small Claims Ct Rep~~~~ o~ ~~~~
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1`~ ~/2 STAFF REPORT C I T Y C L E R K
~~c~~L,~ 1~ DUBLIN CITY COUNCIL File #^~]00-~^Q
DATE: October 5, 2010
TO: Honorable Mayor and City Councilmembers
FROM: ~ Joni Pattillo, City Manager
SUBJEC : r Update to Resolution Designating Positions to Represent the City of Dublin in
Small Claims Court
Prepared By: Paul S. Rankin, Administrative Services Director
EXECUTIVE SUMMARY:
The City Council adopted a Resolution in 2006 which designates certain positions authorized to
represent the City in Small Claims Court, should the need arise. An update to reflect changes in
position titles is presented for adoption by the City Council.
FINANCIAL IMPACT:
Adoption of the Resolution does not have a financial impact.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Rescinding Resolution No. 24-06
and Designating Positions Authorized to Appear in Small Claims C,ca~q~rt on k~half of the City of
Dublin. / / / ~
V ~ .(:~~
Submitted By:
Administrative Services Director
DESCRIPTION:
Re~we By:
Assistant ity M nager
Periodically existing Resolutions are reviewed to determine if there is a need to update the
content. On July 27, 1992, the City Council adopted Resolution 91- 92 which designated
specified employees to represent the City of Dublin in Small Claims Court. This resolution was
last updated on March 7, 2006 with the adoption ofi Resolution No. 24-06. The update
designated positions instead of named individuals to serve in this capacity.
Subsequent to the adoption of Resolution No. 24-06 there have been changes in the position
titles designated to represent the City. In addition, given the infrequency of the need for small
claims appearances, a change was made in the number of designated positions. The current
resolution includes a Senior Administrative Analyst position, which is recommended for deletion
as part of the update.
Page 1 of 2 ITEM NO. ~~ ~"~
An updated Resolution (Attachment 1) has been prepared, which will designate the incumbents
in certain positions as authorized representatives of the City in small claims court matters. The
changes include: the use of the title Human Resources Director; the deletion of the Senior
Administrative Analyst; and deletion of names of current incumbents.
The City Manager shall be authorized to designate any person listed in the Resolution to
represent the City on any particular small claims court matter. Attachment 1 also establishes
that the authority is assigned to the position, rather than the person currently holding the
position.
NOTICING REQUIREMENTS/PUBLIC OUTREACH: None
ATTACHMENTS: 1. Resolution Rescinding Resolution No. 24-06 And
Designating Positions Authorized To Appear In Small Claims
Court On Behalf of The City of Dublin.
Page 2 of 2
RESOLUTION NO. XX - 10 I ~
~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
RESCINDING RESOLUTION NO. 24-06 AND DESIGNATING POSITIONS AUTHORIZED
TO APPEAR IN SMALL CLAIMS COURT ON BEHALF OF THE CITY OF DUBLIN
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 may not be
employed solely for the purpose of representing the City in small claims court; and
WHEREAS, On March 7, 2006, the City Council adopted Resolution No. 24-06, which
authorized certain employees to appear in small claims court on behalf of the City of Dublin;
and
WHEREAS, The authorization contained in Resolution No. 24-06 also applied to
subsequent employees who would hold the designated positions in the future; and
WHEREAS, the City Council wishes to update the list of designated positions
authorized to represent the City of Dublin in small claims court proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby rescind Resolution 24-06.
BE IT FURTHER RESOLVED that the City Council does hereby designate any person
holding the following positions to represent and appear on behalf of the City of Dublin in any
Small Claims Court proceeding:
POSITION
Administrative Services Director
Finance Mana er
Human Resources Director
Public Works Director / Assistant Cit En ineer
BE IT FURTHER RESOLVED that the positions noted above have duties and responsibilities
which extend beyond the authorization identified in this resolution.
PASSED, APPROVED AND ADOPTED this 5th day of October, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:~,4genda Items For City Counci1~2010\a_Finance\10_5_10\Reso_SmaIIClaimsDesig(2).DOC ~, ~ ~ il "~~/~
ATTACHMENT 1