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C I T Y O F S A N L U I S O B I S P O
FROM :
J . Christine Dietrick, City Attorne y
SUBJECT :APPLICATION OF GOVERNMENT CODE SECTION 21221(g) FOR TH E
INTERIM ASSISTANT CITY ATTORNEY POSITIO N
RECOMMENDATION
Adopt a resolution confirming the applicability of Government Code section 21221(g) to th e
employment of Michael Roush as interim Assistant City Attorney .
DISCUSSIO N
On June 11, 2012 Michael Roush will begin employment with the City as interim Assistant Cit y
Attorney while Assistant City Attorney Andrea Visveshwara is temporarily out on maternity leave .
As a retired annuitant with Ca1PERS, Mr . Roush is subject to certain limitations on employmen t
with any CaIPERS agency while retired . However, certain of those limitations do not apply unde r
the circumstances set forth in Government Code section 21221(g) which provides :
"(g) Upon employment by a contracting agency to a position found by the governin g
body, by resolution, to be available because of a leave of absence granted to a perso n
on payroll status for a period not to exceed one year and found by the governing body
to require specialized skills . The temporary employment shall be terminated at th e
end of the leave of absence . Appointments under this section shall be reported to th e
board and shall be accompanied by the resolution adopted by the governing body ."
In accord with section 21221(g)z the position ; Mr. Roush will be filling ; is available due to the
maternity leave of Andrea Visveshwara and will terminate upon her return, which is expected to b e
September 4, 2012 . Therefore, it is appropriate for the Council to adopt the resolution require d
under section 21221(g) to confirm the circumstances and status of Mr . Roush's employment with
the City of San Luis Obispo .
FISCAL IMPAC T
Adoption of the resolution will have no fiscal impact to the City .
ATTACHMEN T
RESOLUTIO N
t;lcuuncii agenda ieports\2012\2012-05-151resolution findings temp vacancies city attorney office (dietrick)\application of govt code confirming
interim asst city attorney .docx
Meeting Date
May 15, 2012
Item Number C7
Attachment 1
RESOLUTION NO.
(2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PURSUANT T O
GOVERNMENT CODE SECTION 21221(g)CONFIRMING THE STATUS OF
MICHAEL ROUSH AS INTERIM ASSISTANT CITY ATTORNE Y
WHEREAS,Michael Roush will be employed effective June 11, 2012 as interi m
Assistant City Attorney in a position which became available due to a leave of absence becaus e
of the maternity leave of Andrea Visveshwara,a permanent employee on payroll status ;and
WHEREAS,the position of interim Assistant City Attorney requires specialized skills ;
and
WHEREAS,the employment of Mr . Roush as interim Assistant City Attorney will not
exceed one year and will terminate upon the return of Ms . Visveshwara .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1 .The employment of Michael Roush as interim Assistant City Attorne y
satisfies the requirements of Government Code section 21221(g) and that the City Clerk i s
directed to send a copy of this resolution to the Board of Administration of the California Publi c
Employee Retirement System (Ca1PERS).
Upon motion of , seconded by , and
on the following vote :
AYES :
NOES :
ABSENT :
Resolution No . (2012 Series)
Page 2
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Marx
ATTEST :
Sheryll Schroede r
Interim City Cler k
APPROVED AS TO FORM :
!s! J . Christine Dietrick
J . Christine Dietric k
City Attorney
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