City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00341 1/9/2024 Discussion Item 23.
Approval of an Amendment to the City Attorney Employment Agreement, Approval of a Salary Increase for the City Attorney, and Authorizing the Mayor to Execute the Amended City Attorney Employment Agreement
File ID: 2024-00324
Location: Citywide
Recommendation:
Adopt a Resolution 1) approving an amended employment agreement for the City Attorney; 2) approving a salary increase for the City Attorney; and 3) authorizing the Mayor to execute an amended employment agreement for the City Attorney.
Contact: Aaron Donato, Labor Relations Manager (916) 808-5816, [email protected], Department of Human Resources
Presenter: Aaron Donato, Labor Relations Manager (916) 808-5816, [email protected], Department of Human Resources Attachments:
1-Description/Analysis
2-Resolution
3-Exhibit A - City Attorney Employment Agreement Amendment Additional Description/Analysis
Issue Detail: At the July 25, 2023, meeting of the Personnel and Public Employees Committee meeting, the City Attorney presented her annual report and was provided an initial performance evaluation by the Committee.
For Calendar Year 2023, the Unrepresented Resolution, modifying Article 5.1, has been amended to provide a cost-of-living adjustment (COLA) to the Appointed Officers, which includes the City Attorney. The amount of the COLA shall be the average of the first-half and second-half changes in the Consumer Price Index (US Bureau of Labor Statistics, All Urban Consumers, US City Average, All Items) for the calendar year 2022, and rounded to the nearest one-tenth of one percent; provided, however, that the increases shall not be less than two percent (2%) nor more than five percent (5%).
File ID: 2024-00341 1/9/2024 Discussion Item 23.
Based on this CPI language, which is incorporated into the City Attorney’s amended employment agreement, the City Attorney will receive a five percent increase effective on her salary anniversary date of March 25, 2023, and her new hourly rate will be $177.211822. The specific amendments to the employment agreement are reflected in the amended employment agreement executed by the City Attorney, which is included as Exhibit A to the Resolution.
Government Code 54953 requires that prior to taking final action, the legislative body must orally report a summary of the recommendation for final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. Local agency executives are defined in Government Code section 3511.1 (d) as “(d) Local agency executive means any person employed by a local agency who is not subject to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)).” The City Attorney meets the local agency executive definition.
Policy Considerations: Not applicable.
Economic Impacts: None.
Environmental Considerations: This report concerns administrative activities that will not have a significant effect on the environment and does not constitute a “project” as defined by CEQA [CEQA guidelines Sections 15061(b)(3); 15378(b)(2)].
Sustainability: There are no sustainability considerations applicable to this action.
Commission/Committee Action: None.
Rationale for Recommendation: Approval of this action will establish compliance with the California Government Code 54953. The City Attorney employment agreement must align with the terms and conditions of her employment.
Financial Considerations: Funding for the FY2023/24 budget adjustments will come from Citywide Operating Unit and associated Enterprise Funds fund balances.
Local Business Enterprise (LBE): Not applicable.
Adopted by the Sacramento City Council
January 9, 2024
Approving Amended Employment Agreement and Salary of the City Attorney and Authorizing the Mayor to Execute the City Attorney Amended Employment Agreement
BACKGROUND
A. The employment agreement for the City Attorney has been amended as described in Exhibit A.
B. Government Code 54953 requires that prior to taking final action, the legislative body must orally report a summary of the recommendation for final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. Local agency executives are defined in Government Code section 3511.1 (d) as “(d) Local agency executive means any person employed by a local agency who is not subject to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)).” The City Attorney meets the local agency executive definition.
C. The California Code of Regulations requires that the City Council adopt the City’s salary schedules at a public meeting (2 CCR § 570.5). This obligation arises whenever salary ranges are changed.
D. These publicly adopted rates are used by California Public Employees’ Retirement System (CalPERS) to determine the appropriate compensation earnable for each City employee when calculating their pension benefit.
E. The new salary schedule for the City Attorney classification is attached as Exhibit G to the Resolution for staff report number 2024 -00325 and has been posted and publicly approved to ensure that salary ranges are transparent and publicly available.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The amendment to the City Attorney employment agreement attached to this Resolution as Exhibit A is approved, and the Mayor is authorized to execute the amendment.
Section 2. Exhibit A is part of this Resolution.
Section 3. The salary of the City Attorney shall be increased to $177.211822 per hour effective March 25, 2023.
Table of Contents
Exhibit A – City Attorney Employment Agreement
City Attorney Employment Agreement January 9, 2024 Page 1 AMENDMENT TO EMPLOYMENT AGREEMENT
(CITY ATTORNEY)
THIS AGREEMENT is made and entered into on January 9, 2024, by and between the City of Sacramento, a California charter city and municipal corporation ("City"), and Susana Alcala Wood ("Employee").
A. On February 13, 2018, the Sacramento City Council appointed Employee as City Attorney effective March 19, 2018 ("Start Date"); and
B. The City and Employee entered into an employment agreement designated City of Sacramento contract number 2018‐0215, which memorializes certain benefits, terms, and conditions of employment of Employee as the City Attorney.
C. City and Employee executed an amendment to contract number 2018‐0215 on September 3, 2019, which was designated contract number 2018‐0215‐1.
D. City and Employee executed a second amendment to contract number 2018‐0215 on October 27, 2020, which was designated as contract number 2018‐0215‐2.
E. City and Employee executed a third amendment to contract number 2018‐0215 on December 14, 2021, which was designated as contract number 2018‐0215‐3.
F. City and Employee executed a fourth amendment to contract number 2018‐0215 on November 29, 2022, which was designated as contract number 2018‐0215‐4.
G. Together, contract numbers 2018‐0215, 2018‐0215‐1, 2018‐0215‐2, 2018‐0215‐3, and 2018‐0215‐4 are collectively referred to herein as the “Agreement.” H. City and employee now wish to further amend the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and the foregoing recitals that are incorporated into this Amendment, the parties agree as follows:
1. Paragraph 5 of the Agreement is amended to read as follows:
5. Salary. The City will make an annual cost of living adjustment to Employee’s salary in a manner and amount consistent with Article 5.1 of the Personnel Resolution Covering Unrepresented Officers and Employees (Resolution No. 23‐ XXX), as amended. Employee’s salary will be payable in installments at the same time and in the same manner as other career City employees. Additionally, in recognition of Employee's accomplishments and outstanding performance, the City Council may grant merit increases and equity adjustments to Employee from time to time.
City Attorney Employment Agreement January 9, 2024 Page 2
2. Except as amended above, all terms of the Agreement remain unchanged and in full effect.
The parties have executed this contract amendment the day and year first written above.
EMPLOYEE
Susana Alcala Wood
CITY OF SACRAMENTO
By:
Darrell Steinberg
Approved as to Form: Attest:
Brett M. Witter Mindy Cuppy
Assistant City Attorney City Clerk