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CITY OF SAN BI!RNODINO - RI!QUI!ST POt COUNCIL ACTION
From:
JAMES F. PENMAN
Subject:
HIRING OF CONTRACT ATTORNEY
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Dept:
Ci ty Attorney
Date:
May 24, 1988
Synopsis of Previous Council action:
On May 23, 1988, the PERSONNEL COMMITTEE recommended approval
of an agreement for contract attorney services for the City
Attorney's office, and directed the City Attorney to proceed
with the execution of said agreement, and preparation of
the appropriate accompanying autho~ing resolution.
Recommended motion:
Adopt resolution.
iL
JAMES F~i9fli!:WMhN, City Attorney
Contact person:
Dennis A. Barlow
Phone:
5356
Supporting data ettachsd:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Note.:
75.0262
Agenda Item No. e:l.!J)
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CITY OF SAN BERN(JIDINO - REQUEST FOI COUNCIL ACTION
STAFF REPORT
With the significant increase in litigation handled by the City
Attorney's office, the Personnel Committee agreed with the need
to employ an additional attorney on a limited one-year contract.
Ms. Loren McQueen has applied for this position which will handle
primarily litigation. Ms. McQueen has two years' experience in
the City Attorney's office and prior to that time, obtained
significant litigation experience in the District Attorney's
office in San Bernardino. Ms. McQueen fully understands that at
the end of the one-year term the contract is terminated.
Certainly, at that time, if there is another opening in the office
she could be considered to move into the vacancy but, otherwise,
there is no guarantee of further employment with the City.
The compensation provided in the Agreement is the same as for a
regular Deputy City Attorney IV and would give Ms. McQueen a 5%
increase from her current salary. All normal City employee
benefits are included since this Agreement is not to save
benefits but to provide for a limited term employee.
75-0264
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23 III
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LOREN McQUEEN, RELATING TO
CONTRACT ATTORNEY SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an Agreement with Loren McQueen,
relating to contract attorney services, which Agreement is
attached hereto, marked Exhibit "A", and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof,
held on the
day of
1988, by the
following vote, to wit:
Council Members
AYES:
NAYS:
ABSENT:
City Clerk
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27 I I I
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The foregoing resolution is hereby approved this
day
5-24-88
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RESO: CONTRA~TTORNEY SERVICES
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2 of
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5 Approved as to form
6 and legal content:
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8 Attorney
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5-24-88
DAB: cm
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, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
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AGREEMENT FOR ATTORNEY SERVICES
THIS AGREEMENT, made and entered into this ____ day of
, 1988, by and between the City of San
Bernardino, a charter city and municipal corporation ("City"),
and LOREN McQUEEN ("Attorney").
WITNESSETH:
WHEREAS, City has need on an interim basis for full-time
attorney services beyond the amount allocated in the City
Attorney's office; and
WHEREAS, Attorney asserts that she is specially trained,
experienced and competent to perform such services.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. City hereby employs Attorney to provide full-time
legal assistance in the City Attorney's office with respect to
matters assigned by the City Attorney under the supervision of
the City Attorney or his designee.
2. City shall compensate Attorney for services rendered,
as follows:
(a) Monthlv Compensation. For each month of
service (paid every two weeks with the
City payroll), Attorney shall be
compensated in the gross amount of
$4,570.00. Such amount shall be
subject to standard withholding and other
deductions in like manner as a full-time
City employees in the City Attorney's
office. Such amount shall be subject
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to adjustments in the same amount
or percentage and at the same time that
City adjusts compensation for Deputy
City Attorneys IV.
(b) Benefits. Attorney shall be entitled to
the same benefits including but not
limited to vacation, sick leave,
health insurance, etc., as are provided
by City to Deputy City Attorneys IV.
(c) Su~~ort Services. City shall provide
Attorney with office space, telephone,
adequate office furniture, secretarial
support and other related services which
would normally be provided to a Deputy
City Attorney.
3. The parties understand and agree that Attorney was
previously an employee of the City and, although shall be on
contract status for the time period of this Agreement, shall
continue to accrue vacation, sick leave, seniority and other
accoutrements of employee status as if Attorney was an
employee. However, Attorney shall not obtain or maintain a
vested right to continued employment. Should, however, at the
termination of this Agreement or any extension thereof Attorney
be reinstated to employee status, the time period during which
Attorney served under this contract shall be counted as time in
employment with the City.
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4. This Agreement shall commence on June 7, 1988, and
shall terminate on June 6, 1989. However, prior to such
automatic termination, either the Attorney or the City Attorney
may terminate this Agreement for any reason upon thirty (30)
days' written notice to the other.
5. Any notice to be given pursuant to this Agreement
shall be deposited with-the United States Postal Service,
postage prepaid, and addressed as follows:
ern
ATTORNEY
City Attorney
300 North D Street
San Bernardino, CA 92418
Loren McQueen
19050 Colima 1131
Rowland Heights, CA 91748
Nothing in this paragraph shall be construed to prevent
the giving of such notice by personal service.
6. This document contains the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and date first above shown.
CITY OF SAN BERNARDINO
ATTEST:
By
By
Evlyn Wilcox, Mayor
City Clerk
ATTORNEY
By
Loren McQueen
Approved as to form
and legal co~tent:
{ 7- l/:~
City Attorney
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