HomeMy Public PortalAbout07) 7D Appointment of City AttorneyMANAGEM E NT SERVICES DEPARTMENT
MEMORANDUM
DATE: April16, 2019
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
SUBJECT: APPOINTMENT OF CITY ATTORNEY
RECOMMENDATION:
The City Council is requested to:
AGENDA
ITEM 7.0.
1. Adopt Resolution No. 19-5392 (Attachment "A") appointing Mr. Gregory M. Murphy as
City Attorney and Mr. Kane Thuyen as Assistant City Attorney for the City of Temple
City; and
2. Direct City Manager Cook to execute a letter agreement (Attachment "B") acknowledging
the change in key personnel.
BACKGROUND:
1. Since 2010, the law firm of Burke, Williams & Sorensen, LLP has represented the City
of Temple City as its contract City Attorney. For the entirety of that time, Eric S. Vail
served in the role of City Attorney and Gregory M. Murphy served as Assistant C ity
Attorney. Recently, Mr. Vail stepped down as City Attorney and Mr. Murphy has been
acting in that role while the City Council engaged i n a review of the City Attorneys'
performance .
2. On April 2 , 2019, after a closed session meeting of the City Council, it was reported
that the City Council had unanimously agreed to offer the City Attorney position to Mr.
Murphy and that he had agreed to accept that offer.
ANALYSIS :
After the Closed Session meeting on April 2 , 2019, City Council directed staff to add an
item on the agenda formally appointing Mr. Gregory M. Murphy as City Attorney and Mr.
Kane Thuyen as Assistant City Attorney. Mr. Thuyen has been serving as a Deputy City
Attorney working with the Planning Commission and Community Development
Department, and he will continue to serve both in his new role.
City Council
April16, 2019
Page 2 of 2
City Council is requested to adopt Resolution No . 19-5392, appointing Mr. Murphy as City
Attorney and Mr. Thuyen as Assistant City Attorney, pursuant to Article VIII , Section 703(A)
of the Temple City Charter "the C ity Council shall appoint a qualified person to the office of
City Attorney by resolution". The City Attorney shall be directly responsible to the City
Council for the performance of his duties.
City Council is also requested to approve an execution of a letter agreement acknowledging
the change in key personnel in the agreement with Burke , Williams & Sorensen , LLP , as
allowed per Section 1 of the agreement "Any change to the designation of the City Attorney
or Assistant City Attorney shall require the written approval of the Mayor or City Manager."
CITY STRATEGIC GOALS:
Confirming appointment of City Attorney Murphy and Assistant City Attorney Kane will
promote the City's Strategic Goal of Good Governance.
FISCAL IMPACT:
There is no fiscal impact to the FY 2018-19 City Budget.
ATTACHMENT:
A. Resolution No. 19-5392
B. Letter Agreement acknowledging the change in key personnel
ATTACHMENT A
RESOLUTION NO. 19-5392
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA AMENDING THE APPOINTMENT OF THE
POSITION OF CITY ATTORNEY AND ASSISTANT CITY ATTORNEY
WHEREAS, Article VIII, Section 703(A) of the Temple City Charter, the City Council shall appoint a
qualified person to the office of City Attorney by resolution. The City Attorney shall be directly responsible to
the City Council for the performance of his duties; and
WHEREAS, in 2010, the City entered into an agreement w ith the law firm of Burke , Williams &
Sorensen, LLP to represent the City as its contract City Attorney appointing Mr. Eric Va il as City Attorney
and Mr. Gregory M. Murphy as Assistant City Attorney ; and
WHEREAS, in 2019, Mr. Vail stepped down as the City Attorney and Mr. Murphy acting in that
role while the City Council engaged in a review of the City Attorney's performance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE:
SECTION 1. Mr. Gregory M. Murphy is hereby appointed City Attorney effective on April 19 ,
2019; and
SECTION 2. Mr. Kane Thuyen is hereby appointed Assistant City Attorney effective on Ap ril 19,
2019, and to continue to serve both the Planning Commission and Community Development Department
in his new role ; and
SECTION 3. The City Clerk shall certify to the passage and adoption of this reso lut ion.
PASSED, APPROVED AND ADOPTED on this 16th day of April , 2019.
Nanette Fish , Mayor
ATTEST : APPROVED AS TO FORM :
Peggy Kuo, City Clerk Greg Murphy, City Attorney
I hereby certify that the foregoing resolution , Resolution No. 19-5392 w as duly passed , approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 16th day of Apr il,
2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
Councilmember-
Councilmember-
Councilmember-
Council member-
Peggy Kuo , City Clerk
444 Sou th Flower Str eet -Suite 2400
Los Angeles. Ca lifornia 9007 I -2953
voice 2 I 3.7.36 .0600 -fax 2 I 3.236.2700
mm1o-. WILliAM'> t:, '>0 1~1'1\J SEN . LLP www.bwslaw.co m
Bryan Cook
City Manager
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
April16, 2019
Re: Change in Key Personnel
Dear Mr. Cook:
ATTACHMENT B
Direc t No.: 213 .236.28 18
Our File No.: 05106-000 1
jwelsh@bws law .co m
I have been informed that at the City Council meeting of April 2, 2019, the City
Counci l of the City of Temple City offered the position of City Attorney to Greg Murphy
of our firm. As you know, the retainer agreement currently in place requires either
yourself or the Mayor to approve in writing a change in the position of City Attorney.
This letter will constitute agreement between the City and the firm that as of the date
above Greg Murphy is the City Attorney for Temple City and Kane Thuyen is Assistant
City Attorney. Please countersign be low to express your concurrence in th is change
and return a copy of this letter for our re cords .
JJW
LA #4625-0485-3651 v1
Sincerely,
Bryan Cook, City Manager
City of Temple City
Los Angeles -Inland Em p ire -Marin County -Oak land -Orange Co unty -Pa lm Desert -San Francisco -Silicon Va lley-Ventura County