CITY COUNCIL
Kevin McCarty, Mayor
Lisa Kaplan, District 1
Roger Dickinson, District 2
Karina Talamantes, Vice Mayor, District 3
Phil Pluckebaum, District 4
Caity Maple, District 5
Eric Guerra, Mayor Pro Tem, District 6
Rick Jennings, II, District 7
Mai Vang, District 8
CHARTER OFFICERS
Mindy Cuppy, City Clerk
Susana Alcala Wood, City Attorney
Farishta Ahrary, City Auditor
Leyne Milstein, Interim City Manager
John Colville, City Treasurer
City Council
Financing Authority
Housing Authority
Public Financing Authority
Redevelopment Agency Successor Agency
City Hall Complex
915 I Street, Sacramento, CA 95814
Published by the Office of the City Clerk
(916) 80
8-7200
SUPPLEMENTAL MATERIAL
Description: Attached is supplemental material received after publishing the agenda, update to attachment 2. The attached staff report replaces the original staff report in its entirety.
For th
e Meeting of: Tuesday, October 7, 2025 at 2:00 p.m.
A
genda Item: Discussion Item 22
22 . Appointment of the Interim City Attorney and Setting Terms and Conditions of Employment
F
ile ID: 2025-01647
Loc
ation: Citywide
R
ecommendation: Adopt a Resolution appointing Gustavo L. Martinez as the Interim City Attorney and setting a salary and other terms and conditions of employment.
C
ontact: Kevin McCarty, Mayor, (916) 808-5300, [email protected], Office of the Mayor
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 - Updated
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
Adop
ted by the Sacramento City Council
Octo
ber 7, 2025
Appoi
nting and Setting Compensation
for the Interim City Attorney
BACKG
ROUND
A. The C
ity Council desires to appoint an Interim City Attorney as the City Attorney position will become vacant on November 2, 2025.
B. The C
ity Council is charged with setting the level of compensation for Charter Officers, including the Interim City Attorney.
BASE
D ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY
COUNCIL RESOLVES AS FOLLOWS:
SECT
ION 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, Employ ee will be vested with all author ity provided to the City A ttorney 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 A ttorney, Employee's hourly rate of pay will be $1 68.413188 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 his 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.