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
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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
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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
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