HomeMy WebLinkAboutStaff Report 4.E 02/04/2008CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
4.E
February 4, 2008
Agenda Title: Motion Adding an Item after Posting of the Agenda for Meeting Date:
February 4, 2008 and Resolution Appointing Gene Beatty Interim City February 4, 2008
Manager.
Meeting Time: ® 3:00 PM
❑ 7:00 PM
Category: ❑ Presentation ❑ Consent Calendar ❑ Public Hearing ❑ Unfinished Business ® New Business
Department:
Director:
Contact Person:
Phone Number:
Administrative
Services/
Steven Carmichael
Pamala Robbins
778-4340
Human Resources
P e4 r-L�
Cost of Proposal:
$3,750.00 per week for duration of interim
Account Number:
appointment.
Amount Budgeted:
$0
Name of Fund:
Attachments to Agenda Packet Item
1. Resolution Appointing Gene Beatty Interim City Manager
Summary Statement: A need has arisen for the City Council to take action at today's meeting on an item that
was not listed on the posted agenda based on the following facts:
1. City Manager Michael A. Bierman has announced his intention to retire and his last official work day was
February 2, 2008;
2. In its meeting on Saturday, February 3, 2008, after the posting of the agenda for the City Council meeting of
February 4, 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February 4, 2008, and until the appointment is rescinded by the City Council, while the process of recruiting and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.
Reviewed by Ad mip Svcs. DReviewed by City Attornev:
no
V
Date: 'Li Date: �f\
Rev. # Date Last Revised: 2/4/08 1 File: #1054726
Approved by City Manager:
Date:
RESOLUTION APPOINTING GENE BEATTY AS INTERIM CITY MANAGER
WHEREAS, City Manager Michael A. Bierman has 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 deterniined 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as Interim City Manager, effective February 4, 2008, and until the appointment is rescinded by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
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.
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NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:
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 maybe 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.
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.