Resolution No. 2012-173RESOLUTION NO. 2012-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING REIMBURSEMENT OF CERTAIN COSTS
INCURRED BY CURRENT VERNON CITY PERSONNEL IN
CONNECTION WITH A REVIEW BY THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM ("CALPERS")
WHEREAS, the California Public Employees', Retirement System
Office of Audit Services conducted a public agency review of the City
of Vernon (the "Audit"); and
WHEREAS, the results and findings of the Audit were outlined
in a report dated April 27, 2012 (the "Report"); and
WHEREAS, the respective CalPERS divisions have notified
certain current Vernon City personnel of preliminary and final
determinations based on the Report findings; and
WHEREAS, certain current Vernon City personnel have retained
independent Legal Counsel to assist in responding to and/or appealing
determinations, and have requested reimbursement from the City for
such costs; and
WHEREAS, the City Council is vested with the discretion to
provide for the reimbursement of such legal costsfor affected Vernon
City personnel in accordance with the Vernon City Charter and the laws
of the State of California; and
WHEREAS, the City Council has determined that it is in the
best interest of the City of Vernon to authorize reimbursement of
reasonable legal expenses for current Vernon employees in order to
maintain and preserve labor relations and to minimize any resulting
disruption to the operation of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
exercises its discretion to authorize the reimbursement of reasonable
legal fees and costs incurred by current Vernon City personnel in
responding to and/ appealing the preliminary and final
determinations arising out of the Report findings.
SECTION 3: The City Council of the City of Vernon hereby
approves and authorizes the expenditure of General Fund monies to pay
any costs, expenses, interest and attorney's fees, not to exceed
twenty-five thousand dollars.($25,000) per current employee, arising
out of the hiring of legal counsel to respond to and/or appeal the
preliminary and final determinations arising out of the Report
findings.
SECTION 4: The City Council of the City of Vernon hereby
approves and adopts an expense reimbursement request form, in
substantially the same form as that attached hereto as Exhibit A, and
requires current Vernon City personnel to utilize said form when
requesting reimbursement pursuant to Sections 2 and 3 above.
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SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 4th day of September, 2012.
ATTEST:
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Ana Barcia, Dep ty City Clerk
v
Wi?. —Davis
Name: : 'm
Title:/ Mayor Pro-Tem
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, Ana Barcia, Deputy City Clerk of the. City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-173,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, September 4, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Te/ of the City of Vernon.
Executed this _�2_ day of September, 2012, at Vernon, California.
(SEAL)
Ana B ia, I Deput City Clerk
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EXHIBIT A
FORM
REQUEST TO THE CITY OF VERNON FOR THE REIMBURSEMENT OF EXPENSES TO
RESPOND TO CALPERS FINDINGS
I, , am a current employee of the City of Vernon.
I received a letter from Ca1PERS dated , providing a
preliminary or final determination on my retirement benefits.
On I retained the services of
located at to represent me in
responding to and/or appealing the findings.
Pursuant to Resolution , I am requesting reimbursement of legal
expenses and costs within the requirements stated in said Resolution
in the amount of Attached is supporting documentation
regarding said request including but not limited to a signed copy of
the engagement agreement and copies of invoices.
Date: Signature:
Print Name:
Title:
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: September 5, 2012
TO: Dana Reed, Legal Counsel/Acting City Clerk n(�
FROM: Deborah Juarez, Records Management Assistant
RE: Resolution No. 2012-173 — A Resolution of the City Council of the City of Vernon
Authorizing Reimbursement of Certain Costs Incurred by Current Vernon City Personnel
in Connection with a Review by the California Public Employees' Retirement System
("CalPers")
Transmitted herewith is a copy of Resolution No. 2012-173 referenced above, which was approved by
City Council on September 4, 2012.
Thank you.
c: Rory Burnett
Mark Whitworth
Resolution No. 2012-173
DATE: August 29, 2012
TO: Honorable Mayor Pro Tem and City Council
FROM: Dana Reed, Legal Counsel W-1
RE: Reimbursement Authorization for Certain Current Employees for Matters
Relating to the April 2012 CAPERS Audit Report
Backeround
On April 27, 2012, CalPERS issued an audit report on the City of Vernon that contained a
number of findings. Based on the findings in the report, CalPERS has issued preliminary and
final determinations to certain current employees regarding their pension benefits. Some of these
employees have retained independent legal counsel to assist in responding to/and or appealing
said determinations, and have requested reimbursement from the City for such costs.
Legal counsel has reviewed the matter and determined that it is within the City Council's
discretion to provide for the reimbursement of such costs.
The attached resolution proposes that the City Council provide for such reimbursement up to a
specified limit in order to maintain and preserve labor relations and to minimize any resulting
disruption to the operation of the City. The proposed resolution also requires the use of a
specific expense reimbursement form and the inclusion of supporting documentation.
Recommendation
Approve the attached resolution providing for the reimbursement of certain costs incurred by
certain current employees in connection with the April 27, 2012 CalPERS Audit Report and
related determinations.