HomeMy WebLinkAbout4.07 Establish Bond Amounts t
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 11, 1990
SUBJECT: Resolution Establishing Bond Amounts for Specified
City Positions
P'W Prepared by Paul Rankin, Assistant City Manager)
EXHIBITS ATTACHED: o Resolution
o Memorandum Dated June 4, 1990 from Acting City
f+ Attorney
RECOMMENDATION: dopt Resolution
FINANCIAL STATEMENT: The cost of the bonds is approximately $500
each and sufficient funds are available in
the budget.
DESCRIPTION: The purpose of adopting this resolution is to
formalize the past practices related to employee bonds and to account
for the position of City Clerk, which is now separate from the City
Manager responsibilities.
In 1987, the City Council adopted Ordinance No. 45-87, which amended
the previous Ordinance establishing the position of City Manager. The
Ordinance states that the City Manager shall obtain a bond and that
the bond amount shall be determined by the City Council. All costs
associated with the bond are paid for by the City. As a matter of
practice, the City has obtained each year since incorporation, a
$100, 000 bond for the City Manager.
The City Council also approved Ordinance No. 2-90 which became
effective March 12 , 1990. This Ordinance established the Office of
Director of Finance and stated that a bond shall be obtained in
accordance with Section 36518 of the California Government Code. As a
matter of practice, the City has obtained a $100, 000 bond for the
Finance/Administrative Services Director. This position also serves
as City Treasurer and the bond has been obtained each year since the
position was created.
The City Council approved the designation of a City Clerk position in
an action on March 12, 1990. Prior to that date, the City Manager was
designated to perform all duties identified in the Government Code as
belonging to the' City Clerk.
Section 36518 of the Government Code requires the City Council to fix
the bond amount for the City Treasurer and the City Clerk by
resolution. The amount must be reasonable and is to be recommended by
the City Attorney. The City Attorney has recommended that the City
Clerk bond be established at $50, 000. The duties of the position as
established by the City do not include some of the financial
responsibilities which would warrant a higher bond amount. The City
Manager and City Treasurer bond amounts are recommended to be
established at $100, 000. This is consistent with past practice and
consolidates all bond setting actions under a single resolution.
Staff recommends that the City Council adopt the resolution.
----------------------------------------------------------------------
COPIES TO:
ITEM NO. o
RESOLUTION NO. - 90
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING BOND REQUIREMENTS FOR
CITY MANAGER, CITY CLERK AND CITY TREASURER POSITIONS
WHEREAS, City of Dublin Ordinance No. 45-87 establishes the
position of City Manager; and
WHEREAS, Ordinance No. 45-87 states that the City Council shall
designate the amount of the bond to be obtained for this position; and
WHEREAS, California Government Code Section 36518 requires the
City Clerk and the City Treasurer to execute a bond; and
WHEREAS, the Government Code provides that the penal sum of the
bond shall be in a reasonable amount; and
WHEREAS, the City Council is required to fix the amount of the
bond by resolution upon the recommendation of the City Attorney; and
WHEREAS, the bond premium for all bonds shall be paid by the City
in accordance with California Government Code Section 1651; and
WHEREAS, the City Council has considered the recommendation of
the City Attorney in fixing these amounts; and
WHEREAS, the City Council may amend the amount of the bond by
resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does hereby establish the following bond amounts to be
secured by the positions noted in accordance with this resolution:
City Manager $100, 000 (One Hundred Thousand Dollars)
City Treasurer $100, 000 (One Hundred Thousand Dollars)
City Clerk $ 50, 000 (Fifty Thousand Dollars)
PASSED, APPROVED AND ADOPTED this 11th day of June, 1990.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2LC ` 'i :
MEYERS, NAVE, RIBACK & WEST Gi j y op Jj
MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE
STEVEN R.MEYERS
NATALIE E.WEST GATEWAY PLAZA 1220 HOWARD AVE.,SUITE 250
ELIZABETH H.SILVER 777 DAVIS STREET, SUITE 300 BURLINGAME,CA 94010-4211
MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 (415)348-7130
MOLLY T.TAMI (415)351-4300 FAX(415)342-0886
MICHAEL F,RODRIQUEZ FAX: (415)351-4481 MARIN OFFICE
KATHLEEN FAUBION
FREDERICK S.ETHERIDGE 1202 GRANT AVE.,SUITE E
WENDY A.ROBERTS MEMORANDUM NOVATO,CA 94945
(415)892-8878
REPLY TO:
San Leandro
To: Paul Rankin Date: June 4 , 1990
Assistant City Manager
From: Elizabeth H. Silver
Acting City Attorney
Re: Bond Requirement -- City Clerk
In response to your memorandum of May 22 , 1990, regarding
the amount of the .bond for the City Clerk, I would concur that a
$100, 000 bond is not required inasmuch as many of the financial
functions previously performed by the City Clerk have been
transferred to the Director of Finance. I would recommend a
$50, 000 bond for the City Clerk. As with other such bonds, the
premium is paid by the city (Gov. Code § 1651) and the bond must
be approved by the council (Gov. Code § 36520) . However, the
Clerk ' s bond must be filed with the mayor.
MEYERS, NAVE, RIBACK & WEST
i
Elizabeth H. Silver
EHS:dlg
114\memo\bondclk.ehs