May 10, 2005
SUBJECT: Appointment of City Attorney and Approval of Employment Contract
REPORT IN BRIEF
This report requests approval of the appointment of David Kahn as city attorney and approval of the contract establishing the terms and conditions of employment.
BACKGROUND
The former city attorney left office on October 15, 2004. Since that time, Assistant City Attorney Joan Borger has assumed the duties of city attorney on an interim basis. Ms. Borger’s interim assignment has ensured the continuation of legal services to the City, and allowed City Council the time necessary to recruit a regular, full-time city attorney.
EXISTING POLICY
The City of Sunnyvale City Charter Section 900 establishes that the city attorney shall be appointed by the City Council. Entering into a contract is consistent with the City of Sunnyvale City Charter Section 900.
DISCUSSION
David Kahn, a 1980 graduate of U.C. Berkeley’s Boalt Hall School of Law, has served as a deputy public defender in Santa Clara County, a deputy city attorney for San Francisco, assistant city attorney for Bellevue, Washington, and the city attorney for Mercer Island, Washington before returning to Santa Clara County as a senior deputy county counsel.
Mr. Kahn has been the principal attorney responsible for advice and representation of the Santa Clara County Sheriff’s office, Superior Court, Airports, Finance, Tax Collector and Grand Jury. He is experienced in redevelopment law, the Brown Act (open meetings law), and the Public Records Act.
FISCAL IMPACT
The position of city attorney is included in the FY 2004-2005 budget at a fully burdened salary and benefit rate of $245,310. The contract with David Kahn provides a base salary of $178,000. 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 David Kahn to the position of city attorney and approve the contract as attached.
- Do not approve the appointment of David Kahn to the position of city attorney.
RECOMMENDATION
Recommend approval of Alternative No. 1.
Approved by:
Dean J. Chu, Mayor
Prepared by: Robert Walker, Assistant City Manager
Attachments
- Resolution