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File #: 18-426    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 4/4/2018 In control: Council and Authorities Concurrent Meeting
On agenda: 4/24/2018 Final action:
Title: Discussion and Possible Action related to Rajeev Batra's Requested Supplemental Retirement Benefit
Attachments: 1. Email dated March15, 2018 from Batra, 2. Email dated February 6, 2018 from Batra, 3. Letter dated February 5, 2018 from Liebert, Cassidy, Whitmore, LLP, 4. Emailed dated December 12, 2017 from Batra, including letter dated December 8, 2017 from Berliner Cohen, LLP, 5. Memorandum dated August 31, 2017 from Batra, 6. Resolution No. 17-8419, 7. Minutes from the Council meeting of March 7, 2017, 8. Legal Memorandum from City Attorney, 9. POST MEETING MATERIAL
REPORT TO COUNCIL
SUBJECT
Title
Discussion and Possible Action related to Rajeev Batra's Requested Supplemental Retirement Benefit

Report
BACKGROUND
On March 15, 2018, retired Interim City Manager, Rajeev Batra sent an email (attached) requesting to be placed on a future Council meeting to discuss his benefit issue. On April 3, Council took action to place the item on the April 24 Council meeting for discussion and possible action.

The purpose of this agenda report is to transmit materials on the topic, including: Mr. Batra's Written Petition request and relevant correspondence; adopted Resolution appointing Mr. Batra as Interim City Manager and terms of that appointment; a brief letter to the Council from the City Attorney; and, the legal opinion from Liebert, Cassidy, Whitmore LLP.

DISCUSSION
In addition to the City Attorney's legal opinion transmitted on this matter, following are excerpts from the legislative documents approved by the City Council that provide context for the City Council to consider as part of the discussion.

Motion On Merit/Salary Increase
On March 7, 2017, the City Council took action as it related to a merit/salary increase for Mr. Batra. The motion is provided below and the additional direction is written verbatim in italics.

MOTION was made by Mahan, seconded by Kolstad, and unanimously carried, that the Council approve the 5% merit salary increase for Rajeev Batra, Interim City Manager, per the Miscellaneous of Understanding and update the City of Santa Clara's Compensation Schedule from $25,141 per month to $26,398 per month, "...subject to getting some confirmation, preferably in writing, of the application of the Internal Revenue Code Section 401(A)(17) because if that - that's the compensation limitation law - so if we get an affirmative determination under that section, I understand that it will be of a greater benefit than this, but if we get a negative determination on that law, then this would be in place."
Resoluti...

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