Meeting Date: Jan. 14, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Judy Von Kalinowski, Human Resources Director [email protected], 442-339-2438
Subject: City Attorney Employment Agreement
Districts: All
Recommen
ded Action
Adopt a resolution approving the amended and restated City Attorney Employment Agreement with Cindie K. McMahon and corresponding amendments to the Appointed Officials Salary Range Schedule
Executive Summary
The City Council is being asked to approve amendments to the city’s employment agreement with the City Attorney and corresponding amendments to the Appointed Officials Salary Range Schedule.
Explanation & Analysis
Background
• July 26, 2022 – The City Council approved an employment agreement with the City Attorney, effective Aug. 2, 2022, with a base salary of $280,000. • Oct. 10, 2023 – The City Attorney’s employment agreement was amended and restated; the City Council increased the City Attorney’s annual base salary from $280,000 to $290,080, effective July 1, 2023.
New terms of employment
The City Council conducted a performance evaluation of the City Attorney in October and November 2024. The City Council held a closed session meeting on Dec. 3, 2024, to negotiate the City Attorney’s terms of employment.
The City Attorney agreed to the new terms of their employment, which will include the following:
• A 2.5% annual salary increase to $297,332
Fiscal Analysis
The annual cost of the changes in the terms of the City Attorney’s employment is $8,300. The fiscal year 2024-25 impact of $8,300 will be funded by the existing General Fund budget.
Jan. 14, 2025
Item #2 Page 1 of 13
CA Review JRT
Next Steps
Staff will obtain the necessary signatures to finalize the agreement. The amended Appointed Officials Salary Range Schedule will be posted on the city’s website.
Environmental Evaluation
The recommended action does not require environmental review because it 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.
Exhibits
1. City Council resolution
Jan. 14, 2025
Item #2 Page 2 of 13
RESOLUTION NO. 2025-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT WITH CINDIE K. MCMAHON AND
CORRESPONDING AMENDMENTS TO THE APPOINTED OFFICIALS SALARY
RANGE SCHEDULE
WHEREAS, the City Council of the City of Carlsbad, California desires to approve the amended and restated City Attorney Employment Agreement with Cindie K. McMahon (Attachment A); and WHEREAS, the amended and restated City Attorney Employment Agreement adjusts the City Attorney's annual base pay by 2.5% to $297,332; and
WHEREAS, the City Council desires to amend the Appointed Officials Salary Range Schedule to indicate the City Attorney's revised maximum annual salary of $297,332.
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 amended and restated 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 amended and restated City Attorney Employment Agreement with Cindie K. McMahon on behalf of the City of Carlsbad.
4. That the amended Appointed Officials Salary Range Schedule in Attachment B is approved .
5. That the fiscal year 2024-2025 impact of $8,300 will be funded by the existing General Fund budget.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of January 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, SHIN.
BURKHOLDER.
NONE.
NONE.
KEITH BLACKBURN, Mayor
~Jvt?tl~
~ SHERRY FREISINGER, City Clerk
0"' (SEAL)
CITY OF CARLSBAD
AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT This Amended and Restated 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 ("City"}, and Cindie K. McMahon, an individual ("City Attorney"). City and 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, on July 26, 2022, the City Council adopted Resolution No. 2022-193, establishing an employment agreement with Cindie I<. McMahon as City Attorney, effective August 2, 2022; and
WHEREAS, on August 29, 2023, the City Council conducted a performance review of Cindie K. McMahon and on September 12, 2023, the City Council authorized amendments to her employment agreement; and
WHEREAS, on October 10, 2023, the City Council adopted Resolution No. 2023-256, amending and restating the employment agreement with Cindie K. McMahon as City Attorney and making corresponding amendments to the Appointed Officials Salary Schedule, effective July 1, 2023; and
WHEREAS, in October and November 2024, the City Council conducted a performance review of Cindie I<. McMahon and, on December 3, 2024, the City Council authorized amendments to her employment agreement and corresponding amendments to the Appointed Officials Salary Schedule, effective July 1, 2024; 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:
60135.00063\43016832.1
Attachment A
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SECTION XII - NOTICES
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as fol lows 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 J!/!!!. day of 0 Qn~iJ..025 [YEAR].
CITY OF CARLSBAD CITY ATTORNEY
:YMunici i ~ By ~IC. ~
Keith Blackburn
Mayor
ATTEST:
By:~ Wwlh~-;
Sherry Freisinger
~ ityClerk
60135 .00063\430 16832. l
Cindie K. McMahon
APPROVED AS TO FORM: ~
By,a J-..--- a
Alison D. Alpert
- 8 -
Partner, Best Best & Krieger LLP
Special Counsel
Appo
inted Officials Salary Range Schedule
Annual Salary
Min Max
E ffective December 19, 2024
C
ity Manager --- 293,135.00
E
ffective July 1, 2024
City Attorney --- 297,332.00
Jan. 14, 2025
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Attachment B
Ana Alarcon
From:
Sent:
To:
Subject:
Mary Real <[email protected]>
Sunday, January 12, 2025 11 :41 AM
All Receive • Agenda Item# P
For the Information of the:
Cl~2°~UN~ J
Date~CA ccd
@hl _A@hl __ , l!l! _
[email protected]; Council Internet Email; City Clerk; Mary Real Item 2 Comment ,01-14-2024 Carlsbad city council meeting Are you concerned about the high salaries of a City attorney who violates the Brown act on a regular basis when she interrupts speakers from the area and cuts into their time. Is this done at the order of council or? Does she have an issue with control or was she absent the day in law school when they taught the Brown act? Have we considered outsourcing the legal department with a cost benefit analysis?? Respectfully submitted, Mary Lucid
CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe.
1 Ana Alarcon
From:
Sent:
To:
Subject:
Mary Real <[email protected]>
Sunday, January 12, 2025 11 :50 AM
City Clerk; [email protected]; Council Internet Email; Mary Real Item two comments on January 14th 2024 Carlsbad city council meeting I am concerned about the ability of the current City attorney to make impartial judgments or even reasoned judgments regarding suspending handicapped senior citizens from the C-bad Senior Center for 9 months for walking aggressively.??? Does the city of Carlsbad condone discriminating against handicapped individuals and where is the diversity of attendance or encouraging diversity by allowing City officials to treat private citizens as employees rather than assets to the community? Respectfully submitted, Mary Lucid
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe.
1 Ana Alarcon
From:
Sent:
To:
Subject:
Mary Real <[email protected]>
Sunday, January 12, 2025 12:00 PM
City Clerk; [email protected]; Council Internet Email; Mary Real Item 2 comments, Carlsbad City Council meeting 01-14-24 I am concerned about paying the current City attorney money to treat private citizens as employees and to discriminate against the elderly and different ethnic groups and to infringe on the constitutional rights of ethnic groups and age groups. Respectfully submitted Mary Lucid. It does not appear that diversity is encouraged or respected here in Carlsbad? Is this what the people the council represents want or is this a case of the tail wagging the dog? Respectfully submitted Mary Lucid CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 1