HomeMy WebLinkAbout100521-07.3
7.3
ADMINISTRATIVE STAFF REPORT
TO: Mayor and Town Council October 5, 2021
SUBJECT: Resolution No. 61-2021, extending and amending the Employment
Agreement of the City Attorney
BACKGROUND
The City Attorney is hired by, and serves at the pleasure of the Town Council, subject to
the terms set forth in an employment agreement with the Town. The City Attorney
receives an annual performance evaluation from the Town Council and receives
consideration for a performance-based increase in compensation annually. Any change in
the City AttorneyÔs compensation must be set by Town Council Resolution.
DISCUSSION
The Town Council conducted an annual performance evaluation of the City Attorney in a
duly noticed closed session and has determined that he has continued to perform his duties
in a highly satisfactory manner. In addition, the Town Council held a separate, noticed
closed session to provide direction to the Mayor regarding potential changes in salary
and/or fringe benefits for the City Attorney. On that basis, it is recommended that the
Town Council extend the employment agreement of the City Attorney for two years,
through August 1, 2023. It is further recommended that the City AttorneyÔs compensation
be adjusted to provide for a salary increase of 4% in the first year, and a cost of living salary
increase equivalent to the increase in the Bay Area CPI, not to exceed 3%, in the second
year.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public. Further, as required
by Government Code Section 54953(c)(3), an oral report summarizing the recommended
changes to the salary and/or fringe benefits of the City Attorney will be presented during
the Town Council meeting.
FISCAL IMPACT
Approval of the Resolution will increase salary costs by $8,465 and fringe benefit costs by
$3,048 in year one and will increase salary costs by an amount not to exceed $6,603 and
fringe benefit costs by $2,377 in year two of the contract. Sufficient funds have been
appropriated in the 2021/22 Operating Budget to cover all costs. Because all changes are in
the form of salary or contributions to a defined contribution pension plan, all costs are paid
annually as part of the operating budget and there are no future or unfunded liabilities
associated with the City AttorneyÔs compensation.
RECOMMENDATION
Adopt Resolution No. 61-2021, extending and amending the Employment Agreement of
the City Attorney.
Prepared by:
Lani Ha
Finance Director/Treasurer
Attachment: Resolution No. 61-2021
Extending and Amending Employment
Agreement of the City Attorney -2- October 5, 2021
RESOLUTION NO. 61-2021
EXTENDING AND AMENDING THE EMPLOYMENT AGREEMENT
OF THE CITY ATTORNEY
on July 31, 1995, the Town of Danville entered into a Professional Services
WHEREAS,
Agreement (“the Agreement”) with Robert B. Ewing relating to his services as City
Attorney; and
the Agreement provides that the City Attorney will be evaluated once a year
WHEREAS,
by the Town Council and may be considered for a performance-based increase; and
the Danville Town Council has evaluated the City Attorney’s performance
WHEREAS,
over the past year and has determined that he has performed his duties in a diligent,
professional and highly satisfactory manner; and
based upon such evaluation, the Town Council has determined that it is
WHEREAS,
appropriate to increase the Town Manager’s compensation; now, therefore, be it
by the Danville Town Council that the Agreement shall be extended to
RESOLVED
provide for a two-year term from August 1, 2021 to August 1, 2023. The extended
Agreement shall provide for the following changes in compensation and benefits: in the
first year, an increase in salary of 4%; and, in the second year a cost of living salary increase
equivalent to the increasein theBay Area CPI, not to exceed 3%; and be it further
that the Mayor is hereby authorized to execute, on behalf of the Town, the
RESOLVED
amended Employment Agreement with Robert B. Ewingin the form as lodged with the
City Clerk.
by the Danville Town Council at a regular meeting on October 5, 2021, by the
APPROVED
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
___________________________________________________________________
CITY ATTORNEY CITY CLERK