DATE:
March 2, 2022
TO:
Members of the City Council
FROM:
Mayor John Bauters
SUBJECT:
City Attorney Agreement
Resolution Of The Board Of Directors Of The Management Of Emeryville Services Authority (MESA) Approving The Agreement Of Employment Between MESA And John Kennedy, As City Attorney, And Authorizing The Chair Of The Board Of Directors To Execute The The Agreement On Behalf Of MESA Resolution Of The City Council Of The City Of Emeryville Approving And Consenting To The Agreement Of Employment Between The Management Of Emeryville Services Authority (MESA) And John Kennedy As City Attorney And Authorizing The Chair Of The Board Of Directors To Execute The Agreement Recommendation
As Chair of the MESA Board of Directors and Mayor, I recommend that the MESA Board and the City Council review and adopt the attached resolutions approving the Agreement of Employment (“Agreement”) between MESA and John Kennedy as City Attorney for a term of two years, commencing March 2, 2022.
The MESA Resolution approves the Agreement and authorizes the Chair of the Board of Directors to execute the document with John Kennedy. The City Council Resolution approves and consents to the Agreement between MESA and John Kennedy. The proposed Agreement is attached as Exhibit A to both Resolutions.
Background
Following the resignation of the previous City Attorney in April 2021, the MESA Board and City Council conducted a rigorous recruitment process to fill the City Attorney position. The MESA Board/City Council interviewed a highly competitive pool of applicants and selected John Kennedy to serve as the Emeryville City Attorney. Mr. Kennedy received his law degree from the Santa Clara University School of Law. He has a Bachelor’s degree in Diplomacy and World Affairs from Occidental College and a Certificate of Completion from the International Institute of Human Rights. He is a seasoned municipal attorney having served 26 years with the City Attorney’s Office for the City and County of San Francisco, most recently assigned to the San Francisco Municipal Transportation Agency.
While in San Francisco, Mr. Kennedy provided transaction advice and counsel for the following departments and divisions: the San Francisco Board of Supervisors, Mayor’s Office, Municipal Transportation Agency, Police Department, Human Rights Commission, Office of Citizen Complaints, Housing Authority, Juvenile Probation, Department of Children, Youth & Their Families, and other City departments, boards, and commissions. Mr. Kennedy has extensive expertise with local and state legislative drafting, municipal law, public records and public meeting laws, administrative law, constitutional law, labor law, federal and state transportation regulations including emerging technologies, CEQA, and land use law. Finally, he has significant civil litigation and trial experience as well.
This item presents the Agreement of Employment for approval by both the MESA Board and the City Council.
Discussion
The proposed Agreement of Employment is for an initial term of two years commencing March 2, 2022.
The proposed agreement includes the following substantive provisions:
Section 6, Salary: $19,333.33 per month.
Section 9, Sick Leave, Holiday and Vacation: Administrative leave of 80 hours per fiscal year and accrual of five weeks’ vacation and three weeks of sick leave per year.
Section 10, CalPERS: MESA will provide for participation of the City Attorney in the PERS 2% @ 60 (average highest compensation earnable over a continuous three-year period) retirement formula plan, provided the City Attorney is a “classic member” as provided by the Public Employee Retirement Law (“PERL”). If the City Attorney is determined to be a “new member” under the PERL, MESA will provide for participation of the City Attorney in the PERS 2% @ 62 (average highest compensation earnable over a continuous three-year period) retirement formula plan.
Section 11 provides that the City Attorney’s expenses for membership in the California bar, as well as attending the Annual League of California Cities Conference, and the City Attorney's Department of the League of California Cities conferences and other business expenses shall be budgeted.
Section 12 provides that the City Attorney shall be provided medical, dental and other health care benefits provided to other MESA employees.
Fiscal Impact
The approved Budget for Fiscal Year 2021-2022 includes funding for the City Attorney’s position.
Communication with the Public
No communication was conducted regarding this personnel item Conflict of Interest
Not applicable
Conclusion
I recommend that the MESA Board and the City Council review and adopt the attached Resolutions approving the Agreement of Employment between MESA and John Kennedy as City Attorney commencing March 2, 2022.
PREPARED BY: John J. Bauters, Mayor
Approved and Forwarded to the
City Council of the City of Emeryville:
John J. Bauters, Mayor
Attachments
Draft Resolution
Exhibit A – Agreement of Employment
City Attorney; Agreement of Employment
City Council Meeting | March 1, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM