HomeMy WebLinkAbout2013-01-08; City Council; 21088; Approval City Attorney Employment AgreementCITY OF CARLSBAD - AGENDA BILL
AB# 21,088 APPROVAL OF CITY ATTORNEY
EMPLOYMENT AGREEMENT
DEPT. HEAD c4e^
MTG. 1-8-13 APPROVAL OF CITY ATTORNEY
EMPLOYMENT AGREEMENT CITY ATTY.
DEPT. Mayor
APPROVAL OF CITY ATTORNEY
EMPLOYMENT AGREEMENT CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2013-008 approving the City Attorney Employment Agreement.
ITEM EXPLANATION:
The City Council will appoint Ms. Celia A. Brewer to the posifion of City Attorney, effective January 22,
2013 at which time she will be duly sworn into that posifion. The attached agreement sets forth the
terms and condifions of the appointment. Ms. Brewer has accepted and agreed to the established terms
and condifions.
FISCAL IMPACT:
Sufficient funding for this agreement has been included in the City Attorney's operafing budget for the
current fiscal year.
ENVIRONMENTAL IMPACT:
None
EXHIBITS:
1. Resolution No. 2013-008 approving the City Attorney employment agreement.
2. City Attorney Employment Agreement
DEPARTMENT CONTACT: Mayor, Matt Hall
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
1 RESOLUTION NO. 2013-008
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE CITY
^ ATTORNEY EMPLOYMENT AGREEMENT
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5 WHEREAS, the City Council desires to approve the employment agreement of
6 Celia A. Brewer as City Attorney; and,
7 WHEREAS, those funcfions, dufies, obligafions, benefits and compensafion are
^ accurately set forth in the Employment Agreement attached hereto as Exhibit 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows that:
1. The above recitations are true and correct.
2. That the City Attorney's Employment Agreement set forth as Exhibit 2 is
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15 3. That the funds sufficient to pay for the City Attorney compensafion and
16 benefits have been included in the City Attorney's operafing budget for the
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current fiscal year.
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PASSED, APPROVED AND ADOPTED at a Regular Meefing ofthe City Council
of the City of Carlsbad on the 8*"^ day of January, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
stant City Clerk
(SEAL)
City of Carlsbad
City Attorney Employment Agreement
This Agreement is entered into as of December 27, 2012 by and between the City ofCarlsbad, California, a
municipal corporation (the "City"), and Celia A. Brewer, an individual (the "City Attorney"). The City and the
City Attorney are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, Chapter 2.14 of the Carlsbad Municipal Code provides for the Office ofthe City Attorney
who shall be appointed and retained by the City Council wholly on the basis of her legal ability and experience,
particularly in the municipal law field and shall hold that office for and during the pleasure ofthe City Council,
and
WHEREAS, the Council desires the employment of Celia A. Brewer as City Attorney, and
WHEREAS, it is the desire ofthe parties hereto to act as a deterrent against malfeasance or dishonesty
for personal gain on her part; and to provide for terminating her services at such time as she may be unable to
fully discharge her duties or when the City Council may otherwise desire to terminate her employment.
NOW, THEREFORE, in consideration ofthe mutual covenants herein contained, the parties agree as
follows:
SECTION I - DUTIES
The City Council hereby agrees to the employment of Celia A. Brewer as City Attorney and to exercise the
powers, duties and responsibilities set forth in Carlsbad Municipal Code Chapter 2.14 and applicable state law
and such other applicable ordinances and resolutions now in effect or hereafter adopted by the City Council.
SECTION ll-TERM
Celia A. Brewer is appointed as City Attorney, effective on January 22, 2013 and shall continue in that capacity
and shall continue to fulfill the powers, functions and duties of City Attorney and shall serve in that capacity
until such time as this Agreement is terminated pursuant to Section IV below. The term of this Agreement shall
commence on the date approved by the City Council. The purpose of this paragraph is to ensure compliance
with Government Code section 53260 et seq. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right ofthe City Attorney to resign at any time subject only to the provisions set forth in
Section IV below. City Attorney agrees to remain in the exclusive employ ofthe City and neither to accept
other employment or to become employed by any other employer without the express permission of the City
Council; provided, nothing contained herein shall be construed or interpreted to prohibit City Attorney from
engaging in such occasional activity such as teaching, writing or consuming which activity shall only be
conducted apart from her normal and regular functions and duties.
SECTION III-SALARY
The annual base salary for the City Attorney shall be $210,000 which shall be paid bi-weekly, $8076.92 per
completed pay cycle. This includes the compensation for the additional positions of General Counsel for the
Housing and Redevelopment Commission/Community Development Commission, General Counsel ofthe
Carlsbad Municipal Water District the Public Financing Authority and or other boards or commissions that
assemble and require the services of General Counsel.
SECTION IV - SEPARATION FROM EMPLOYMENT
In the event the City Council desires to terminate this Agreement during which time City Attorney is ready,
willing and able to perform the functions and duties set forth herein, then, in that event, City Council agrees to
pay City Attorney any amount that may be due at the time of termination of employment of this Agreement.
SECTION V - VEHICLE ALLOWANCE OR PROVISION OF VEHICLE
The City Attorney's functions and duties require her to have use of an automobile during her employment with
the City. The City shall reimburse the City Attorney the monthly sum of $350 for the expense of owning,
operating and maintaining and insuring her personal automobile. City Attorney shall keep and maintain In full
force and effect personal liability and property damage insurance in the minimum amounts of $250,000 per
person and $500,000 per occurrence and property damage of $100,000, and shall name the City ofCarlsbad as
additional insured. The amounts received under this section are in addition to the base salary and shall be
considered as part ofthe total cash compensation discussed in Section III above.
SECTION VI - OTHER SUPPLEMENTAL BENEFITS
The City Attorney shall accrue vacation leave and sick leave as provided for under existing City policy. All other
actions taken by the City Council relating to fringe benefits for management employees shall be considered
actions granting the same to the City Attorney, except that the City Attorney may decline any fringe benefits to
the extent permitted or authorized by law, City policy, or this agreement. As used herein, fringe benefits
include but are not limited to vacation, sick leave, educational benefits as they existed on the date ofthe
approval of this Agreement, holidays, retirement (PERS), benefits and payments, health insurance, dental
insurance, long-term disability insurance and life insurance as set forth in the Performance Management and
Compensation Plan and elsewhere. The City Attorney may elect to participate in any of the medical insurance
programs offered by the City.
SECTION VII - ANNUAL REVIEW
The City Council shall review and evaluate the performance ofthe City Attorney in January of each year. This
review and evaluation of performance and salary shall be in accordance with the criteria developed jointly by
the City Council and the City Attorney. The Mayor shall provide the City Attorney with a summary written
statement of the findings of the City Council and provide an adequate opportunity for the City Attorney to
discuss her evaluation with the City Council. The Mayor shall report out and authorize the Human Resources
Director to make changes to the salary or other agreed benefits to this or subsequent employment contracts in
accordance with all applicable laws.
SECTION VIII - ANNUAL GOAL SETTING
Annually, the City Council and the City Attorney shall define such goals and performance objectives which they
determine necessary for the proper operation of the City and an attainment of the City Council's policy
objectives. They shall also establish a relative priority among these various goals and objectives and this should
be reduced to writing.
SECTION IX - PROFESSIONAL AND ORGANIZATIONAL DEVELOPMENT
All normal business expenses, such as attendance at the League of California Cities, the League of California
Cities City Attorney Department meetings, IMLA, San Diego City Attorneys' Association meetings and
conferences as well as business lunches, dinners, etc., will be provided for separately in the operating budget
of the City Attorney's office. The City Council continues to support and encourage continuing development and
professionalism ofthe City organization and its employees. As such, the City Council supports the City
Attorney's organizational development efforts, including but not limited to, employee development,
department development, and organization-wide development. These efforts shall support the City Council
Vision and Goals and provide for the ongoing development of a high-performing organization.
SECTION X - EFFECTIVE DATE
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The effective date of this contract is January 22, 2013 and all salary and other compensation benefits shall be
paid retroactive and or in accordance to that date.
SECTION XI - NOTICES
Notices pursuant to this Agreement shall be given by deposit in the custody ofthe United States Postal Service,
postage prepaid, addressed as follow or as such address may be changed from time to time upon written
notice to the other:
CITY:
MAYOR
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, California 92008
CITY ATTORNEY:
CELIA A. BREWER
IN WITNESS WHEREOF, the City and the City Attorney have caused this Agreement to be executed on the day
and year first written above.
"City"
CITY OF CARLSBAD
A Municipal Corporation
"City Attorney"
CELIA A. BREWER
Mayor Signature
ATTEST:
APPROVED AS TO FORM:
By:
City Attorney