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HomeMy WebLinkAbout090225-08.1 ADMINISTRATIVE STAFF REPORT 8.1 TO: Mayor and Town Council September 2, 2025 SUBJECT: Resolution No. 64-2025, 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 approved by Town Council Resolution. DISCUSSION The Town Council conducted an annual performance evaluation of the City Attorney in a duly noticed closed session pursuant to Government Code Section 54957 on August 12, 2025, and has determined that he has continued to perform his duties in a highly satisfactory manner. In addition, the Town Council held a noticed closed session pursuant to Government Code Section 54957.6 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 one year, through August 1, 2026. It is further recommended that the City Attorney’s compensation be adjusted to provide for an increase in salary of 3%. 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 orally by the Mayor during the Town Council meeting. Extending and Amending the Employment September 2, 2025 Agreement of the City Attorney 2 FISCAL IMPACT Approval of the Resolution will increase the City Attorney’s salary by $8,254 and fringe benefit costs by $2,972. Sufficient funds have been appropriated in the 2025/26 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 Attorney’s compensation. RECOMMENDATION Adopt Resolution No. 64-2025, extending and amending the Employment Agreement of the City Attorney. Prepared by: Tai J. Williams Town Manager Attachment: Resolution No. 64-2025 RESOLUTION NO. 64-2025 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 increase the City Attorney’s compensation; now, therefore, be it RESOLVED by the Danville Town Council that the Agreement shall be extended to provide for a one-year term from August 1, 2025 to August 1, 2026. The extended Agreement shall provide for an increase in salary of 3%; 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 September 2, 2025, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CITY CLERK Docusign Envelope ID: 05287765-7FBB-4649-A719-E77589AFD40A