City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01647 10/7/2025
Appointment of the Interim City Attorney and Setting Terms and Conditions of Employment File ID: 2025-01647
Location: Citywide
Recommendation: Adopt a Resolution appointing Gustavo L. Martinez as the Interim City Attorney and setting a salary and other terms and conditions of employment.
Contact: Kevin McCarty, Mayor, (916) 808-5300, [email protected], Office of the Mayor Presenter: Kevin McCarty, Mayor, (916) 808-5300, [email protected], Office of the Mayor
Attachments:
1-Description/Analysis
2-Resolution
Description/Analysis
Issue Detail: The position of City Attorney will be vacated effective November 2, 2025. The City Council is beginning a recruitment process for the position of City Attorney. On September 2, 2025, the City Council agreed to have the mayor enter negotiations on salary and other terms and conditions of employment with Gustavo L. Martinez as the Interim City Attorney while the recruitment is conducted. The mayor and Mr. Martinez were able to agree on these issues.
Government Code section 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), and the Interim City Attorney meets the local agency executive definition. As part of the appointment process for the Interim City Attorney position, the City Council will set a salary for the Interim City Attorney who will receive benefits consistent with the City Attorney classification as set out in the City of Sacramento’s Personnel Resolution Covering Unrepresented Officers and Employees.
File ID: 2025-01647 10/7/2025
Policy Considerations: The City Council alone is vested with the authority to appoint an Interim City Manager.
Economic Impacts: None.
Environmental Considerations: California Environmental Quality Act (CEQA): This action is not a project that is subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5)).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The City Attorney has resigned effective November 2, 2025, and the City and Gustavo L. Martinez have agreed to the salary and other terms and conditions of employment for Mr. Martinez to act as the Interim City Attorney effective October 18, 2025. The Interim City Attorney will have the authority to exercise all authority vested in the City Attorney by the City Charter and City Code, as well as any applicable City resolutions, policies, or procedures. The appointment of an Interim City Attorney will assure a smooth transition while recruiting for the position of City Attorney.
Financial Considerations: The salary for the City Attorney classification is already fully funded within the budget for the City Attorney’s Office.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION 2025-xxxx
Adopted by the Sacramento City Council
October 7, 2025
Appointing and Setting Compensation
for the Interim City Attorney
BACKGROUND
A. The City Council desires to appoint an Interim City Attorney as the City Attorney position will become vacant on November 2, 2025.
B. The City Council is charged with setting the level of compensation for charter Officers, including the Interim City Attorney.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1.
1. Gustavo L. Martinez is hereby appointed to the position of Interim City Attorney, effective October 18, 2025.
2. For the duration of the appointment as Interim City Attorney, Employee will be vested with all authority provided to the City Attorney in the Sacramento City Charter and City Code, as well as any City resolutions, policies, and procedures.
3. For the duration of the appointment as Interim City Attorney, Employee's hourly rate of pay will be $173.465584, and the Employee will receive all of the benefits of employment to which the City Attorney is entitled as set out in the City's Personnel Resolution Covering Unrepresented Officers and Employees (Unrepresented Resolution).
4. At the conclusion of the appointment as Interim City Attorney, Employee will have the option of returning to h is previous position as the Chief Assistant City Attorney at the same salary and benefit levels he was earning at the time he was appointed as the Interim City Attorney.