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Home My WebLink About2021-12-14; City Council; ; Employment Agreement with City Attorney Celia A. BrewerMeeting Date: Dec. 14, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cindie K. McMahon, Assistant City Attorney 760-434-2891 Subject: Employment Agreement with City Attorney Celia A. Brewer District: All Recommended Action Adopt a resolution approving the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer, with an annual fiscal impact of $22,172, and making corresponding amendments to the Appointed Officials Salary Range Schedule Executive Summary/Discussion The City Council first entered into an employment agreement with the City Attorney in January 2013. Since then, the employment agreement has been amended and restated from time to time. The employment agreement was last amended and restated in 2019, when the City Council increased the City Attorney’s annual base salary from $288,002 to $298,947 and increased the City Attorney’s monthly vehicle allowance from $350 to $625. The City Attorney did not receive a compensation increase in 2020. On Nov. 16, 2021, the City Council held a Closed Session meeting to discuss the performance of the City Attorney and instructed its negotiator, Mayor Pro Tem Blackburn, as to the City Council’s proposed salary adjustment for the City Attorney. On Dec. 7, 2021, the City Council held a second Closed Session and authorized an increase in the City Attorney's annual base salary as follows: The City Attorney will receive a 3.25% salary increase in recognition of not receiving an increase in 2020 and taking in account a combined 6% for increased cost of living. The City Attorney will also receive a 3.25% salary increase for 2021. The increases, totaling 6.5%, will be effective as of July 1, 2021. Mayor Pro Tem Blackburn relayed this information to the City Attorney. The City Attorney agreed to the new compensation terms, which will increase the City Attorney’s annual base salary from $298,947 to $318,379, effective July 1, 2021. The increase is reflected in the Amended and Restated City Attorney Employment Agreement included as Attachment A to Exhibit 1. Dec. 14, 2021 Item #8 Page 1 of 9 Options The City Council may either approve the resolution and authorize the execution of the amended and restated employment agreement with the City Attorney or schedule a Closed Session meeting to discuss other terms of employment for the City Attorney. Fiscal Analysis The annual cost of the salary increase, including associated retirement benefits, is $22,172. The fiscal year 2021-22 impact is $22,172 and will be funded by the existing General Fund budget. Next Steps Staff will obtain the necessary signatures to finalize the amended and restated agreement and will update the Appointed Officials Salary Range Schedule to reflect the compensation change. Environmental Evaluation The recommended action does not constitute a “project” within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Public Notification and Outreach Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date.” Exhibits 1. City Council resolution Dec. 14, 2021 Item #8 Page 2 of 9 RESOLUTION NO. 2021-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT WITH CELIA A. BREWER, WITH AN ANNUAL FISCAL IMPACT OF $22,172, AND MAKING CORRESPONDING AMENDMENTS TO THE APPOINTED OFFICIALS SALARY SCHEDULE EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California, desires to approve the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer in Attachment A; and · WHEREAS, the Amended and Restated City Attorney Employment Agreement increases the City Attorney's annual base salary from $298,947 to $318,379 per year, as further set forth in Attachment A;anq . WHEREAS, the City Council desires to amend the Appointed Officials Salary Range Schedule to indicate the City Attorney's new maximum monthly salary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer in Attachment A is approved. 3. That the Mayor of the City of Carlsbad is authorized to execute the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer on behalf of the City of Carlsbad. 4. That, effective July 1, 2021, the Appointed Officials Salary Range Schedule is amended to indicate the maximum monthly salary for the City Attorney is $26,531.58. 5. That the fiscal year 2021-22 impact of $22,172 will be funded by the existing Genera[ Fund budget. Dec. 14, 2021 Item #8 Page 3 of 9 CITY OF CARLSBAD AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT Attachment A This Amended and Restated City Attorney Employment Agreement is entered into as of the date this Amended and Restated City Attorney Employment Agreement is approved by the City Council for the City of Carlsbad, by and between the City of Carlsbad, 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 of the 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 of the City Council; and WHEREAS, on January 8, 2013, the City Council adopted Resolution No. 2013-008 e,stablishing an Employment Agreement with Celia A. Brewer as City Attorney, effective January 22, 2013; and WHEREAS, on January 28, 2014, the City Council adopted Resolution No. 2014-022 that amended the original employment agreement by authorizing an increase in salary and provided for deferred compensation; and WHEREAS, on January 27, 2015, the City Council adopted Resolution No. 2015-011 that amended and restated the employment agreement by authorizing an increase in salary; and WHEREAS, on January 26, 2016, the City Council adopted Resolution No. 2016-017 that amended and restated the employment agreement by authorizing an increase in salary; and WHEREAS, on January 22, 2017, the City Council adopted Resolution 2017-080 that amended and restated the employment agreement by authorizing an increase in salary; and WHEREAS, on September 10, 2019, the City Council adopted Resolution 2019-168 that a.mended and restated the employment agreement by authorizing an increase in salary and an increase in the amount of vehicle allowance; and I WHEREAS, the City Council continues its desire to employ Celia A. Brewer as City Attorney; and WHEREAS, it is the desire of the 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; and Dec. 14,2021 Item #8 Page 5 of 9 WHEREAS, it is the desire of the Parties to enter into this Amended and Restated City Attorney Employment Agreement on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows: SECTION I -DUTIES The City Council hereby agrees to the continued employment of Celia A. Brewer as City · Attorney and to exercise the powers, duties and responsibilities set forth in Carlsbad Municipal Cpde 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 II -TERM Celia A. Brewer was 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 Amended and Restated City Attorney Employment Agreement ("Agreement") is terminated pursuant to Section IV below. 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 of the 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 of the City and neither to accept other ehiployment nor to become employed by any other employer without the express written 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 consulting which activity shall only be conducted apart from her normal and regular functions and duties. SECTION Ill -COMPENSATION A. Base Salary Effective as of July 1, 2021, the annual base salary for the City Attorney shall be $318,379, which shall be paid bi-weekly, $12,245.35 per completed pay cycle. This includes the compensation for the additional positions of General Counsel for the Housing Commission/Community Development Commission, General Counsel of the Carlsbad Municipal Water District, Public Financing Authority, Industrial Development Authority, and all other b:oards or commissions that assemble and require the services of General Counsel. B. Deferred Comp·ensation Beginning January 1, 2015, the City shall make an annual contribution on behalf of the City Attorney to a section 457 Deferred Compensation Plan in the maximum amount allowable, prorated over the number of pay periods in the calendar year. - 2 - Dec.14,2021 Item #8 Page 6 of 9 SECTION IV -SEPARATION FROM EMPLOYMENT 111 the event the City Council terminates 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 continue City Attorney base salary arid health benefits (i.e. health, dental and vision) for a period of twelve months or, upon mutual agreement, pay a single lump sum payment equal to one (1) year base salary. 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 er,ployment with the City. The City shall provide the City Attorney the monthly sum of $625 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 of Carlsbad as additional insured. The amounts received under this section are in addition to the base salary and shall be considered as part of the total cash compensation discussed in Section Ill above. SECTION VI -OTHER SUPPLEMENTAL BENEFITS · The City Attorney shall accrue vacation leave and sick leave as provided for under existing City policy. Beginning January 1, 2015, City Attorney shall be credited for twenty years of service credit in calculating leave accrual rates and City Attorney shall be permitted to earn and accrue up to three hundred twenty (320) hours of vacation. All other actions taken by the City Council r¢lating 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 of the approvaf of this Agreement, holidays, retirement (Cal 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 of the City Attorney in July 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. -3- Dec.14,2021 Item #8 Page 7 of 9 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. S!:CTION 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 of the 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 The effective date of this Agreement is July 1, 2021, 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 of the United States Postal Service, postage prepaid, addressed as follows or as such address may be changed from time to time upon written notice to the other: CITY City of Carlsbad Mayor City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 0ec.14,2021 -4- CITY ATTORNEY Celia A. Brewer City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Item #8 Page 8 of 9