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HomeMy WebLinkAboutItem 4.06 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 ------------------------------------------------------------------------------------------------------------- COpy TO: ITEM NO. ~.b Page 1 of 1 G:\Finance Staft\Fred\agenda designation small claims ~ employees.doc I of z. 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