2009122103MEETING DATE: 12/21/09
ITEM NO:
COUNCIL AGENDA REPORT
DATE: December 18, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: RUMI PORTILLO, HUMAN RESOURCES DIRECTOR
3
SUBJECT: ADOPT RESOLUTION APPOINTING AN INTERIM TOWN ATTORNEY
UNTIL SUCH TIME AS THE POSITION IS FILLED ON A PERMANENT
BASIS
RECOMMENDATION:
Adopt resolution appointing Michael D. Martello as Interim Town Attorney until such time as
the position is filled on a permanent basis.
DISCUSSION:
Town Attorney Orry Korb has accepted a position as the Assistant County Counsel for the
County of Santa Clara and will be vacating his position with the Town effective January 14,
2010. The Town Council will engage in a recruitment process to select a new Town Attorney
and it is anticipated that the recruitment may take up to four months to complete.
It is recommended that Mr. Martello, a municipal attorney with 28 years of experience, be
appointed to the Interim assignment. Mr. Martello's experience includes serving as the City
Attorney for the City of Mountain View for the last 16 years. The compensation to be paid to
Mr. Martello for the interim assignment is recommended at $16,000 a month, inclusive of all
benefits. Mr. Martello is available to begin work on January 11, 2010 and to assume the official
duties of the position when the current Town Attorney vacates the position.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The salary for the Interim Attorney will be paid from funds budgeted for the existing Town
Attorney position in the FY 2009-10 budget.
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PREPARED BY: RUMI PORTILL
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C:\Users\rportillo\Desktop\Interim TA Council Memo 12-18-09.doc
Reviewed by: Assistant Town Manager
Clerk Administrator Finance
Town Attorney
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPOINTING AN INTERIM TOWN ATTORNEY UNTIL SUCH TIME AS THE POSITION
IS FILLED ON A PERMANENT BASIS
WHEREAS, the current Town Attorney has accepted a position in another agency and will
vacate the position effective January 14, 2010; and
WHEREAS, the Town will begin the process of conducting a recruitment for a new Town
Attorney; and;
WHEREAS, the Town desires that Michael D. Martello, who is a municipal attorney and
served as the City Attorney for the City of Mountain View for the last 16 years, be appointed as
Interim Town Attorney; and
WHEREAS, Michael D. Martello is willing and able to begin work on January 11, 2010 and
to assume the official duties when the Town Attorney vacates the position; and
WHEREAS, Michael D. Martello is agreeable to accepting $16,000 a month, inclusive of all
benefits, in compensation for the Interim Attorney assignment.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State
of California, that the Town of Los Gatos hereby authorizes the appointment of Michael D.
Martello as Interim Town Attorney until such time as the position is filled on a permanent basis,
with compensation at $16,000 a month inclusive of all benefits.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the th day of , 2009 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
LOS GATOS, CALIFORNIA
C:\Users\rportillo\Desktop\Interim TA Resolution 12-18-09.doc