33. City Attorney bargaining groupOFFICE OF THE CITY CLERK
CUP~RTIN4
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408} 777-3366
SUMMARY
Agenda Item No. ~3
SUBJECT AND ISSUE
Meeting Date: November 30, 2009
Consider adopting a Resolution establishing a separate City Attorney bargaining group including all
attorney positions in the City Attorney's Office.
The City Council is in the process of hiring a permanent City Attorney and a separate City Attorney
bargaining group is appropriate due to the potential conflict of interest for attorney positions in the
City Attorney's Office. Those employees holding attorney positions in the City Attorney's Office
should not be in the same bargaini~ig unit as other City employees since such other employees may
challenge the City with Public Employment Relations Board complaints or legal actions Bled under
the Meyers-Milias-Brown Act in the future. In those cases, those holding .attorney positions in the
City Attorney's Office would be called upon to advise and defend the City Council.
The Resolution also provides far a Ca1PERS medical plan that will allow the City to duplicate
medical benefits program vesting requirements as currently provided to other City employees,
except the five year requirement of Cupertino service shall be deemed satisfied for any employee
who has at Least twenty-f ve years of Ca1PER;3 service with local government to attract attorneys
with significant experience in Local government. Also, CaIPERS requires the additional ministerial
action of the Council adoption of its standard form implementing resolutions at future Council
meetings.
In addition, the October 21, 2009 "Employment Contract for the City Attorney" is conditioned upon
establishing this separate group.
RECOMMENDATION
Adopt the attached Resolution establishing a :separate City Attorney bargaining group and setting
forth their employment terms.
roved for submission:
David W. Knapp
City Manager
Attachment A: Draft resolution 33 - 1
67 ~~'~C~p't~.b~t /~
RESOLUTION NO.09-194 D~~~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION N0.07-069, UNREPRESENTED EMPLOYEES
COMPENSATION PROGRAM, AND ESTABLISHING THE CITY ATTORNEY'S GROUP
WHEREAS, attorney positions are currently in the City of Cupertino Resolution 07-069,
Unrepresented Employees Compensation Program.
WHEREAS, a potential conflict of interest can be avoided by creating a separate
bargaining group for the attorney positions in the City Attorney's office.
WHEREAS, the positions of City Attorney, Assistant City Attorney and Deputy City
Attorney will be moved to the new City Attorney group.
WHEREAS, the City Council and Carol Korade have entered into an Employment
Contract establishing the terms and conditions of her employment as City Attorney for the Ciry
of Cupertino.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. The City Attorney Group is hereby created and includes the positions of City Attorney,
Assistant City Attorney and Deputy City Attorney.
2. Resolution 07-069 is hereby amended to reallocate the classifications of City Attorney,
Assistant City Attorney and Deputy City Attorney to the City Attorney Group.
3. The salary and benefits of the members of the City Attorney Group are set forth as
follows:
a. Unless herein specified otherwise, the members of the City Attorney Group are
entitled to the benefits set forth in the Unrepresented Employees Compensation
Program.
b. The terms and conditions set forth in the Employment Contract, adopted by the
City Council on October 21, 2009 and any amendments thereto, by and between
the City of Cupertino and Carol Korade shall be given full force and effect and
are incorporated herein by this reference.
c. The medical benefits program for the City Attorney Group shall be established
pursuant to Government Code section 22892, and the City Manager is directed to
begin the amendment process with the Ca1PERS Health Plan for members of the
Unit, including developing a City policy for the City Attorney Group that
provides duplicate medical benefits program vesting requirements as other City
employees, except the five year requirement of Cupertino service shall be deemed
satisfied for any employee who has at least twenty-five years of CaIERS service
with California local government.
33-2
Resolution No. 09-194
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 30th day of November, 2009, by tree following vote:
Vote Members of the C~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
2
33-3