Loading...
HomeMy WebLinkAbout2022-07-26; City Council; ; City Attorney Employment AgreementCA Review RK Meeting Date: July 26, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Judy von Kalinowski, Human Resources Director judy.vonkalinowski@carlsbadca.gov, 760-473-4670 Subject: City Attorney Employment Agreement District: All Recommended Action Adopt a resolution appointing Cindie K. McMahon as the City Attorney, approving the City Attorney Employment Agreement between the City of Carlsbad and Cindie K. McMahon and making corresponding amendments to the Appointed Officials Salary Range Schedule. Executive Summary/ Discussion Following the announcement from City Attorney Celia A. Brewer of her retirement, a comprehensive recruitment process for her replacement was initiated. In order to attract qualified candidates, Human Resources Manager Paul Ho, conducted a premier comprehensive executive recruitment. Carlsbad Municipal Code Section 2.14.020 states, The City Attorney shall be appointed by the City Council wholly on the basis of his or her legal ability and experience, particularly in the municipal law field. The City Attorney shall be an attorney-at-law licensed to practice law in the state. After an extensive search which included numerous highly qualified applicants, the City Council held interviews on June 28, 2022, to begin the process of appointing the next City Attorney. On July 12, 2022, the City Council held a closed session and unanimously agreed to appoint Cindie K. McMahon as the next City Attorney and authorized the negotiation of an employment agreement between the City Council and Ms. McMahon. The City Council agrees to appoint Cindie K. McMahon to the position of City Attorney effective Aug. 2, 2022, at which time she will be duly sworn into the position. The attached agreement sets forth the terms and conditions of the appointment, which include: •Annual base salary of $280,000 •Deferred compensation plan contribution in the maximum amount allowable •Vehicle allowance in the annual amount of $9,600 July 26, 2022 Item #6 Page 1 of 8 Ms. McMahon has an impressive background that has prepared her to serve as City Attorney for the City of Carlsbad. She received a Bachelor of Science in Business and Management from the University of Redlands and graduated magna cum laude from the California Western School of Law with a juris doctorate, after serving as the executive notes and comments editor for the California Western Law Review and the California Western International Law Journal. Committed to public service, she began her career with the San Diego Superior Court as a chambers research attorney, served as Deputy City Attorney at the City of Escondido and City of Carlsbad, and then as a lead appellate court chambers attorney for the Fourth District, Division One, Court of Appeal. Most recently, Ms. McMahon has served the City of Carlsbad as its Assistant City Attorney. She is also an executive member of the League of California Cities’ Legal Advocacy Committee and a former member of the Editorial Board of The California Municipal Law Handbook. The City Council of the City of Carlsbad is pleased to appoint Cindie K. McMahon to the position of City Attorney. Fiscal Analysis There is no expected additional impact in fiscal year 2022-23 due to the City Attorney’s salary being approved with the operating budget. No additional funding is being requested. Next Steps Staff will obtain the necessary signatures to finalize the 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 This item was noticed 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 July 26, 2022 Item #6 Page 2 of 8 RESOLUTION NO. 2022-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CITY ATTORNEY EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CINDIE K. MCMAHON, AND MAKING CORRESPONDING AMENDMENTS TO THE APPOINTED OFFICIALS SALARY SCHEDULE WHEREAS, at a closed session meeting on July 12, 2022, the City Council voted to appoint Cindie K.McMahon to the position of City Attorney effective August 2, 2022; and WHEREAS, the City Council of the City of Carlsbad, California, desires to approve the City Attorney Employment Agreement with Cindie K. McMahon; and WHEREAS, those functions, duties, obligations, benefits and compensation are accurately set forth in the Employment Agreement attached hereto as Attachment A. WHEREAS, the City Council desires to amend the Appointed Officials Salary Range Schedule to indicate the City Attorney's 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 City Attorney Employment Agreement with Cindie K. McMahon in Attachment A is approved. 3.That the Mayor of the City of Carlsbad is authorized to execute the City Attorney Employment Agreement with Cindie K. McMahon on behalf of the City of Carlsbad. 4.That, effective August 2, 2022, the Appointed Officials Salary Range Schedule is amended to indicate the maximum monthly salary for the City Attorney is $23,333.33. EXHIBIT 1 July 26, 2022 Item #6 Page 3 of 8 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of !!!!Y, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. � �AVIOLA MEDINA, City Clerk Services Manager (SEAL} July 26, 2022 Item #6 Page 4 of 8 Attachment A CITY OF CARLSBAD CITY ATTORNEY EMPLOYMENT AGREEMENT This City Attorney Employment Agreement (“Agreement”) is entered into as of the date this 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 Cindie K. McMahon, an individual (the "City Attorney"). The City and the City Attorney are sometimes individually referred to as a "Party" and collectively as the "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, the City Council desires to employ Cindie K. McMahon as City Attorney; and WHEREAS, it is the desire of the Parties to act as a deterrent against malfeasance or dishonesty for personal gain on the City Attorney’s 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 WHEREAS, it is the desire of the Parties to enter into this Agreement on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: SECTION I - DUTIES The City Council agrees to employ Cindie K. McMahon 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 subsequently adopted by the City Council. SECTION II - TERM Cindie K. McMahon is appointed as City Attorney, effective on August 2, 2022, 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 purpose of this paragraph is to ensure compliance with California Government Code Sections 53260-53264. 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. The City Attorney agrees to remain in the July 26, 2022 Item #6 Page 5 of 8 - 2 - exclusive employ of the City and neither to accept other employment nor to become employed by any other employer without the express written permission of the City Council; provided, nothing contained in this Agreement shall be construed or interpreted to prohibit the City Attorney from engaging in such occasional activity as teaching, writing or consulting, which activity shall only be conducted apart from her normal and regular functions and duties. SECTION III - COMPENSATION A. Base Salary Effective as of August 2, 2022, the annual base salary for the City Attorney shall be $280,000, which shall be paid bi-weekly, $10,769.23 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 boards or commissions that assemble and require the services of General Counsel. B. Deferred Compensation Beginning the first pay period in September 2022, 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. SECTION IV - SEPARATION FROM EMPLOYMENT In the event the City Council terminates this Agreement during which time the City Attorney is ready, willing and able to perform the functions and duties set forth in the Agreement, the City Council agrees to continue the City Attorney’s base salary and 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 year’s base salary. In accordance with California Government Code Section 53243.2, the City Attorney shall fully reimburse the City for any cash settlement the City Attorney receives related to the termination of the City Attorney’s employment if the City Attorney is convicted of a crime involving the “abuse of office or position” as that phrase is defined by California Government Section 53243.4. 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 provide the City Attorney the monthly sum of $800 for the expense of owning, operating and maintaining and insuring her personal automobile. The 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 an 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 III above. July 26, 2022 Item #6 Page 6 of 8 - 3 - SECTION VI - OTHER SUPPLEMENTAL BENEFITS The City Attorney shall accrue vacation leave and sick leave as provided for under existing City policy. The 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 320 hours of vacation. AII 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 in this Agreement, “fringe benefits” include but are not limited to vacation, sick leave, educational benefits as they existed on the date of the approval of this Agreement, holidays, retirement (CalPERS) benefits and payments, health insurance, dental insurance, long-term disability insurance and life insurance as set forth in the Management Compensation and Benefits 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. 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 AII normal business expenses, such as state and local bar association dues, attendance at the League of California Cities conferences, the League of California Cities City Attorney Department meetings, International Municipal Lawyers Association events, San Diego City Attorneys' Association meetings and conferences as well as business lunches, dinners, and the like, 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’s strategic plan and goals and provide for the ongoing development of a high- July 26, 2022 Item #6 Page 7 of 8 department development, and organization-wide development. These efforts shall support the City Council's strategic plan and goals and provide for the ongoing development of a high­ performing organization. SECTION X -EFFECTIVE DATE The effective date of this Agreement is August 2, 2022, and, except as otherwise provided in this Agreement, all salary and other compensation benefits shall be paid retroactive to and/or in accordance with 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 CITY ATTORNEY Cindie K. McMahon City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 IN WITNESS WHEREOF, the City and the City Attorney have caused this Agreement to be executed on 26th day of :!..!!!Y, 2022. CITY OF CARLSBAD A Municipal Corporation ATTEST: Fa a edina, City Clerk Services Manager Cindie K. McMahon APPROVED AS TO FORM: By:�� Celia A. Brewer City Attorney - 4 -July 26, 2022 Item #6 Page 8 of 8