CALIFORNIA CALIFORNIA
CALIFORNIA
CALIFORNIA
Management of Emeryville Services Authority
City Council
M E M O R A N D U M
DATE:
March 5, 2024
TO:
Members of the MESA Board/City Council
FROM:
Board Chair/Mayor Courtney Welch
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 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 resolutions approving the Agreement of Employment (“Agreement”) between MESA/City and John Kennedy as City Attorney for a term of two years, commencing March 2, 2024.
The resolutions approve the Agreement and authorizes the Chair of the Board of Directors/Mayor to execute the document with John Kennedy. The proposed Agreement is attached as Exhibit A to both Resolutions.
BACKGROUND
The MESA Board/City Council completed the recruitment for City Attorney and entered into an agreement for two years with John Kennedy for the City Attorney position effective March 2, 2022. The agreement expired March 1, 2024.
This item presents a new two-year Agreement of Employment for approval by both the MESA Board and the City Council.
DISCUSSION
The proposed Agreement of Employment is for a term of two years commencing March 2, 2024.
The new agreement includes the following substantive updates:
Section 2 Term and Reopener
A 6-month extension clause
A reopener in the event there are changes to CalPERS retirement benefits Section 6 Salary:
$20,370 per month effective March 1, 2024,
$21,287 per month effective the first full pay period including March 1, 2025 Section 9 Sick Leave, Holidays and Vacation:
Administrative leave of two weeks per fiscal year
Cash out of Administrative Leave of up to seventy (70) hours per fiscal year Section 12 Group Insurance Coverage
Provides same group benefits afforded to other unrepresented Department Head employees Section 19 Dissolution of Authority
New section to address potential dissolution of MESA
FISCAL IMPACT
The estimated cost of this two-year agreement is projected to cost up $33,000 over the life of the contract; an increase of up to $17,000 over the approved budget for Fiscal Years 2024 and 2025.
STAFF 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, 2024.
PREPARED BY: Mayor/Board Chair Courtney Welch
APPROVED AND FORWARDED TO THE
BOARD OF DIRECTORS OF THE MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY AND THE CITY COUNCIL OF THE CITY OF EMERYVILLE:
Courtney Welch, Board Chair/Mayor
Attachments
Draft Resolution
Exhibit A – City Attorney Contract
City Attorney Agreement of Employment
March 5, 2024