Fremont City Council Meeting: 01/11/22 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4521) DOC ID: 4521
Updated: 1/7/2022 9:24 AM by Susan Gauthier Page 1
CONSIDERATION OF CITY ATTORNEY CONTRACT - Adoption of a Resolution Appointing Rafael Alvarado, Jr. to the Position of City Attorney Contact Persons:
Name: Allen DeMers Lily Mei
Title: Human Resources Director Mayor
Div/Dept: Human Resources City Council
Phone: 510-494-4651 510-284-4011
E-Mail: [email protected] [email protected]
Executive Summary: Consider appointing Rafael Alvarado Jr. as City Attorney and approving an employment agreement between the City of Fremont and Rafael Alvarado, Jr., thereby authorizing the salary, terms, and employment conditions consistent with direction from the Mayor and City Council.
BACKGROUND: Former City Attorney Harvey Levine retired on May 14, 2021 after 25 years of employment with the City of Fremont. Former Assistant City Attorney Debra Margolis returned to City of Fremont employment on a temporary basis and served as Interim City Attorney while a professional, executive recruitment search was conducted.
The recruitment opened on September 13, 2021 with applications due by October 10, 2021.
The City Council convened a Closed Session meeting on October 28, 2021 to review and evaluate applicants for the position of City Attorney. The City Council convened an additional Closed Session meeting on November 14, 2021 to interview and assess the candidates and to determine finalists for the position. The City Council conducted an additional Closed Session meeting on December 7, 2021 to further assess the qualifications of the finalists for the position and to direct staff to negotiate a tentative employment contract for consideration at the January 11, 2022 City Council Meeting.
DISCUSSION/ANALYSIS: The attached resolution appoints Rafael Alvarado, Jr. as the City Attorney effective February 22, 2022 and approves the attached negotiated employment agreement. The agreement establishes an annual salary of two hundred and ninety-five thousand dollars per year ($295,000). Other significant features of the agreement include a six (6) month severance period and annual deferred compensation contributions of the maximum Internal Revenue Code allowed amount; currently set at twenty thousand and five hundred dollars ($20,500) per year. Other benefits such as health insurance, ongoing leave accrual and two percent (2%) of salary employer contributions to a 401(a) money purchase plan and trust will be commensurate with those of the City of Fremont’s management labor group the Fremont Association of Management Employees (FAME).
FISCAL IMPACT: The current budget allotment for the position of City Attorney is adequate to fund this action without adjustment.
ENVIRONMENTAL REVIEW: N/A
Staff Report (ID # 4521) Meeting of January 11, 2022
Updated: 1/7/2022 9:24 AM by Susan Gauthier Page 2
ATTACHMENTS:
• Draft Resolution - Appointing Alvarado as City Attorney • Alvarado Employment Agreement 1-5-22
RECOMMENDATION: Adopt a Resolution appointing Rafael Alvarado, Jr. to the position of City Attorney effective February 22, 2022.