November 9, 2004
SUBJECT: Appointment of City Manager and Approval of Employment Contract
REPORT IN BRIEF
This report requests approval of the appointment of Amy Chan as City Manager and approval of the contract establishing the terms and conditions of employment.
BACKGROUND
Amy Chan has been serving as Acting/Interim City Manager since December 17, 2003. She is highly qualified to fill this position on a regular basis.
EXISTING POLICY
The City of Sunnyvale City Charter Section 800 establishes that the City Manager shall be chosen by the City Council. Entering into a contract is consistent with City of Sunnyvale City Charter Section 900.
DISCUSSION
Amy Chan has been employed with the City of Sunnyvale since 1981. Ms. Chan was promoted to Finance Director in 1983 and Assistant City Manager in 1994. Ms. Chan has demonstrated exceptional executive and administrative skills throughout her career with the City of Sunnyvale. Ms. Chan additionally provides a thorough understanding of the City’s financial and performance management systems.
The following is noted for informational purposes: City Charter Section 800 also contains a provision that requires the City Manager to reside within the City during his or her tenure in office. This provision was rendered invalid and unenforceable by a 1976 amendment to the California Constitution which reads as follows:
“A city or county, including any chartered city or chartered county, or public district, may not require that its employees be residents of such city, county, or district; except that such employees may be required to reside within a reasonable and specific distance of their place of employment or other designated location.” (Cal. Const., art. 11, § 10, subd. (b))
FISCAL IMPACT
The position of City Manager is included in the FY 2004-2005 budget at a fully burdened salary and benefit rate of $265,031. The contract with Amy Chan provides a base salary of $188,955. The cost of benefits provided in the contract does not exceed the amount budgeted for the position.
PUBLIC CONTACT
Public Contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the Library and the City Clerk’s Office.
ALTERNATIVES
- Adopt a resolution approving the appointment of Amy Chan to the position of City Manager and approve the contract as attached.
- Do not approve the appointment of Amy Chan to the position of City Manager.
RECOMMENDATION
Recommend approval of Alternative No. 1.
Approved by:
John Howe, Mayor
Prepared by: Rumi Portillo, Interim Director of Human Resources
Attachments
A. Resolution
B. Agreement for Services with Exhibit 1