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HomeMy WebLinkAboutItem 4.05 Small Claims Ct Rep~~~~ o~ ~~~~ n~ ~ 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