16a. City Attorney contractCity Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
Fax: (408) 777-3366
CUPERTINO
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMI\ZARY
Agenda Item No: j-(p ~ Meeting Date: February 16, 2010
SUBJECT AND ISSUE
Approve a Resolution of the City Council of the City of Cupertino amending Resolution No. 09-
171 and requesting the California Public Empl~~yees' Retirement System (Ca1PERS) Board of
Administration approve the Extension of the Temporary Appointment of Retired Annuitant
Carol Korade beyond 960 hours in Fiscal Year 2009-2010.
BACKGROUND
The City Council appointed Carol Korade to the position of Interim City Attorney effective July
1, 2009 to provide the important and ongoing need for legal representation of the City Council
and the City's various departments while her colitract agreement could be executed. As a retired
annuitant in the Ca1PERS system, Ms. Korade is limited to 960 hours of work for a CaIPERS
agency each fiscal year. To provide additional Hours over the 960 limit, the agency must file for
an extension with the CaIPERS Board.
Council adopted Resolution No. 09-171 last year in case such an extension was needed.
CaIPERS has now informed us that the resolution needs to reflect the intent of the City to hire
Ms. Korade on a full-time basis and her intent to commence the reinstatement of employment
process. The attached amended resolution refle~~ts the new requirements requested by Ca1PERS
staff on February 11, 2010.
Ca1PERS has not approved the extension of hours at the time of this writing. We are asking
Council to approve the attached resolution s~~ that when the City receives approval from
Ca1PERS, Ms. Korade can commence working fast the 960 hour limitation immediately.
RECOMMENDATION
Approve a Resolution of the City Council of the City of Cupertino amending Resolution No. 09-
171 and requesting the California Public Employees' Retirement System Board of
Administration approve the Extension of the Temporary Appointment of Retired Annuitant
Carol Korade beyond 960 hours in Fiscal Year 2009-2010.
Submitted by:
Carol A. Atwood
Director of Administrative Services
Ap ved for submission:
David W. Knapp
City Manager
Attachment A: Draft Resolution
PRINTED ON RECYCLED PAPER
Attachment A
RESOLUT[ON NO. 10-036 ~~~~r
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION NO. 09-171 AIVD REQUESTING THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (Ca1PERS) BOARD OF ADMINISTRATION
APPROVE THE EXTENSION OF THE TEMPORARY APPOINTMENT OF RETIRED
ANNUITANT CAROL KORADE BEY0I~ID 960 HOURS IN FISCAL YEAR 2009-2010
WHEREAS, the former City Attorney fir the City of Cupertino retired effective in
December of 2008; and
WHEREAS, the Cupertino City Council retained Bob Murray & Associates to conduct a
full recruitment for the purposes of employing ;~ full time, regular City Attorney; and
WHEREAS, that recruitment did not re;~ult in the employment of a full time, regular City
Attorney; and
WHEREAS, Carol Korade retired under the California Public Employees' Retirement
System (Ca1PERS) from the City of Alameda, California in the position of City Attorney effective
in August 2006; and
WHEREAS, the City Council of the City of Cupertino appointed Carol Korade to the
position of Interim City Attorney, a position deemed to be of limited duration and requiring
specialized skills, effective July 1, 2009; and
WHEREAS, Carol Korade, as a retired annuitant, is expected to reach her maximum 960
hours of appointment allowable in this fiscal yf;ar under Goverrunent Code Section 21222(h) on or
about February 12, 2010; and
WHEREAS, the City Council intends to hire Carol Korade as a full-time employee in the
capacity of City Attorney and Carol Korade intends to commence the reinstatement of employment
process with Ca1PERS in March, 2010; and
WHEREAS, due to the extended and u~ianticipated time required to effectuate the
employment of Carol Korade as its full-time regular City Attorney and due to the important and
ongoing need for legal representation of the City Council and the City's various Departments in the
interim.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
In accordance with Goverrunent Code Section 21221(h), the City Council of the City of Cupertino
requests that the Ca1PERS Board of Administr;~tion approve an extension for the temporary
employment of Carol Korade until the completion of the reinstatement process.
Resolution No. 10-036
PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of
Cupertino this 16th day of February, 2010, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
M:~yor, City of Cupertino
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