October 19, 2004

SUBJECT:  APPROVAL OF EMPLOYMENT CONTRACT WITH INTERIM CITY ATTORNEY

REPORT IN BRIEF

A vacancy exists in the position of City Attorney.  It is appropriate and necessary to appoint an Interim City Attorney until the City Council can complete a systematic search for an individual to fill the vacant position on a regular basis.

BACKGROUND

Joan A. Borger is the Senior Assistant City Attorney.  The City Council desires to appoint Joan as the Interim City Attorney until a regular replacement is found.  She is highly qualified to serve in this capacity.

EXISTING POLICY

Entering into a contract is consistent with City of Sunnyvale City Charter Section 900. The salary of the Interim City Attorney shall be the control point for the D-2 department director position of $156,520.00 per year, in accordance with Resolution No. 131-04.

FISCAL IMPACT

The FY 2004-05 fiscal impact of this action is the difference between the budgeted salary cost for the Senior Assistant City Attorney position and the salary established for the interim assignment. The incremental cost increase is $2,006 per month.  For the remainder of the current fiscal year, the incremental cost increase will be $17,051.  This cost will be absorbed within the Office of the City Attorney’s budget for FY 2004-05.

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

1.    Appoint Joan A. Borger as Interim City Attorney, approve the employment contract as presented, and direct the Mayor to sign the agreement on behalf of the City Council.

2.    Do not approve the appointment of Joan A. Borger as Interim City Attorney.

RECOMMENDATION

Recommend approval of Alternative No. 1.

Prepared by:

Mark Gregersen

Director of Human Resources

Approved by:

John Howe

Mayor

Attachments

A. Resolution

B. Agreement for Services