HomeMy WebLinkAbout100323-09.1
ADMINISTRATIVE STAFF REPORT 9.1
TO: Mayor and Town Council October 3, 2023
SUBJECT: Resolution No. 75-2023, 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 Attorney’s compensation must be set by Town Council Resolution.
DISCUSSION
The Town Council has 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 has held a separate,
noticed closed session to provide direction to the Mayor regarding potenti al 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, 2025. It is further recommended that the City Attorney’s
compensation be adjusted to provide for a salary increase of 14.5% in the first year, and a
salary increase of 6% 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 $32,871 and fringe benefit costs by
$11,832 in year one and will increase salary costs by $15,598 and fringe benefit costs by
$5,615 in year two of the contract. Sufficient funds have been appropriated in the 2023/24
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
Extending and Amending the Employment October 3, 2023
Agreement of the City Attorney
the operating budget and there are no future or unfunded liabilities associated with the
City Attorney’s compensation.
RECOMMENDATION
Adopt Resolution No. 75-2023, extending and amending the Employment Agreement of
the City Attorney.
Prepared by:
Joseph A. Calabrigo
Town Manager
Attachment: Resolution No. 75-2023
RESOLUTION NO. 75-2023
EXTENDING AND AMENDING THE EMPLOYMENT AGREEMENT
OF THE CITY ATTORNEY
WHEREAS, on July 31, 1995, the Town of Danville entered into a Professional Services Agreement
(“the Agreement”) with Robert B. Ewing relating to his services as City Attorney; and
WHEREAS, the Agreement provides that the City Attorney will be evaluated once a year by the
Town Council and may be considered for a performance-based increase; and
WHEREAS, the Danville Town Council has evaluated the City Attorney’s performance over the
past year and has determined that he has performed his duties in a diligent, professional and
highly satisfactory manner; and
WHEREAS, based upon such evaluation, the Town Council has determined that it is appropriate
to extend the City Attorney’s contract and amend the compensation and leave provided under the
contract; now, therefore, be it
RESOLVED, by the Danville Town Council that the Agreement shall be extended to provide for a
two-year term from August 1, 2023 to August 1, 2025. The extended Agreement shall provide for
the following changes in compensation and benefits: in the first year, an increase in salary of
14.5%; and, in the second year a salary increase of 6%; and be it further
RESOLVED that the Mayor is hereby authorized to execute, on behalf of the Town, the amended
Employment Agreement with Robert B. Ewing in the form as lodged with the City Clerk.
APPROVED by the Danville Town Council at a regular meeting on October 3, 2023, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
__________________________ ________________________
CITY ATTORNEY CITY CLERK
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