Title
Recommendation to Approve Agreement Appointing Michael H. Roush as Interim City Attorney for a Term of No More Than 960 Hours at a Salary of $113.94 Hourly. (Human Resources 2510)
Body
To: Honorable Mayor and Members of the City Council
From: Nancy Bronstein, Human Resources Director
EXECUTIVE SUMMARY
Alameda’s City Attorney, Janet Kern retired on December 1, 2018. In order to provide oversight to the City Attorney’s Office during the recruitment process it is recommended that Michael H. Roush be appointed as Interim City Attorney.
BACKGROUND
During the last six weeks, City Council has considered a number of candidates for the position of Interim City Attorney. At the conclusion of this review, Council expressed a desire to retain the services of Michael H. Roush. Mr. Roush has 40 years of diverse public agency legal and leadership experience and served as City Attorney for the City of Pleasanton for 21 years as well as acting City Attorney for the City of Brisbane. Since his retirement, Mr. Roush has provided support to multiple jurisdictions including the City of Alameda where he currently provides legal guidance in areas such as the Brown Act, open government, the City’s Sunshine ordinance as well as special projects.
DISCUSSION
The proposed Agreement Appointing Michael H. Roush, a copy of which is attached as Exhibit 1, would appoint Michael H. Roush as Interim City Attorney from December 1, 2018 through the contract termination date, which shall be the earliest of either: (a) the effective date of the City Council appointment of a permanent City Attorney; or (b) Mr. Roush has worked 960 hours for the City during the period of December 1, 2018 through June 30, 2019; or (c) when the proposed employment agreement is terminated by either party as set forth under the contract terms. The hourly rate pursuant to this contract is $113.94 per hour. In accordance with Government Codes Sections 21211 (h) and 7522.56 (d) as a California Public Employee Retirement System (CalPERS) retiree, Mr. Roush may work up to 960 hours per fiscal year (July 1, 2018 through June 30, 2019 in this case) for a CalPERS employer (like the City) without impacting his retirement benefits.
The City Council is currently working with an executive search firm to recruit a new City Attorney and anticipates that the recruitment process will be completed by Mid-March 2019.
FINANCIAL IMPACT
If the Interim City Attorney works the full 960 hours, the cost to the City is not expected to exceed $109,400. Funds for this position are already included in the City Attorney’s Department Budget in the General Fund. No additional appropriations are required for the Interim City Attorney appointment.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This activity is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(4) of the CEQA guidelines, because it involves the governmental fiscal activities which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
RECOMMENDATION
Approve Agreement Appointing Michael H. Roush as Interim City Attorney for a Term of No More Than 960 Hours at a Salary of $113.94 Hourly
Respectfully submitted,
Nancy Bronstein, Human Resources Director
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Agreement