HomeMy WebLinkAboutResolution 2008-024 N.C.S. 02/04/2008Resolution No. 2008-024 N.C.S.
of the City of Petaluma, California
APPOINTING GENE BEATTY AS INTERIM CITY MANAGER
WHEREAS, City Manager Michael A. Bierman announced his intention to retire and his
last official work day was February 2, 2008; and,
WHEREAS, Section 23 of the City Charter of the City of Petaluma provides that the City
Council shall appoint the city manager, and during the absence or disability of the city manager
the council shall designate some properly qualified person to perform his duties; and,
WHEREAS, the City Council met in a properly noticed closed session on February 3,
2008; and,
WHEREAS, on February 3, 2008, the City Council determined to appoint Gene Beatty
as Interim City Manager, effective February 4, 2008, and until the appointment is rescinded by
the City Council, while the process of recruiting and selecting a new city manager continues;
and,
WHEREAS, it is necessary for the efficient functioning of City government to have
Gene Beatty's appointment as Interim City Manager confirmed by resolution as soon as possible;
and,
WHEREAS, the next scheduled City Council meeting is February 25, 2008; and,
WHEREAS, the Mayor moved that an item be added to the February 4, 2008 agenda in
accordance with Section 54954.2, subdivision(b), paragraph (2) of the Brown Act because there
was a need to take immediate action on the item, and. that need came to the City's attention after
the agenda for the February 5, 2008 meeting was posted; and,
Resolution No. 2008-024 N.C.S. Page 1
WHEREAS, by a vote of a majority of the City Council, the agenda item was
determined to be an emergency pursuant to Government Code section 54956.5 and the agenda
item was added under new business as Item 4E to read as follows: Motion Adding an Item after
Posting of the Agenda for January 28, 2008 and Resolution Appointing Gene Beatty Interim City
Manager.
NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:
1. That the City Council appoints Gene Beatty as Interim City Manager, effective
February 4, 2008, said appointment to remain in effect until rescinded by the City
Council; and
2. The Mayor is authorized to execute an employment agreement with Gene Beatty
("Employee") for interim city manager services in a form approved by the City
Attorney and containing the following terms:
a. A scope of services which includes directing, administering and coordinating
functions of the City.
b. Status: at -will salaried exempt employment, which may be terminated by either
party without cause, at a rate of $3,750 per week ($93.75/hour) with no fringe
benefits other than as may be required by law.
c. Employee shall be reimbursed for incidental business -related expenses.
d. Employment is not subject to the provisions of the Petaluma Personnel System
Rules and Regulations, and is not covered by a bargaining unit agreement or
contract. Employee shall have no property right in his employment or continued
employment and shall release all such claims or rights against City.
Resolution No. 2008 024 N.C.S. Page 2
e. Employee is responsible for monitoring his hours to remain at less than 960 hours
in a fiscal year, and for Employee's compliance with CalPERS requirements
applicable to retired members of CalPERS.
f. The City shall provide indemnification to Employee for acts or omissions within
the scope of Employee's employment in accordance with Government Code
sections 825, 995, et seq. and other applicable law.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ;-�p
`h ved as to
Council of the City of Petaluma at a Regular meeting on the 4day of February, orm:
2008, by the following vote:
Cit orney
AYES: Barrett, Freitas, Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt
NOES: None
ABSENT: Harris
ABSTAIN: None
ATTEST:
uePtgy ity Clerk
Resolution No. 2008-024 N.C.S. Page 3