Resolution 2023-### Page 1
RESOLUTION 2023-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPOINTING BRIAN HICKEY AS CITY ATTORNEY EFFECTIVE OCTOBER 16, 2023; APPROVING AN EMPLOYMENT AGREEMENT WITH THE NEW CITY ATTORNEY; AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, in August 2023, the City of San Pablo City Attorney, Teresa Stricker, announced that she accepted a position as city attorney for another city; and
WHEREAS, this proposed action is not associated with any particular City Council priority and is not a project pursuant to the California Environmental Quality Act; and
WHEREAS, following an interview process, the City Council made a conditional offer to Brian Hickey and directed negotiations of an employment agreement; and
WHEREAS, pursuant to California Government Code section 54953(c)(3) and to ensure transparency in the consideration of the salary and benefits for the City’s executives, the City orally report ed a summary of the proposed actions regarding salary and compensation with the Employment Agreement for the new City Attorney before taking action at the City Council meeting on September 18, 2023 as follows:
1. Salary -- $265,000 annually
2. Deferred Compensation Match – City matches employee’s contribution, up to $11,072 maximum annually.
3. Auto Allowance - $4,200 annually ($350/month).
4. Information Technology Allowance – $750 annually.
5. Business expenses – The proposed Employment Agreement provides for payment of business expenses such as travel and training, including reimbursement of 2022 State Bar dues, and continuing legal education (CLE) requirements.
6. Other Benefits – The proposed Employment Agreement addresses other benefits as set forth in Resolution 2023-118 (attached), as well as pro-rata administrative leave bank of 75 hours for Fiscal Year 2023-24.
7. Annual Evaluations
8. Termination/Severance -- The proposed Employment Agreement effectively provides a 12-month severance payment of salary and health and dental benefits if terminated. Severance is not paid if the employee retires, resigns, or is terminated for cause such as an arrest for a felony or crime involving the abuse of office or documented serious violation of a City policy;
Resolution 2023-### Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Pablo that:
1. Brian Hickey is hereby appointed City Attorney for the City of San Pablo effective October 16, 2023; and
2. The Employment Agreement with Brian Hickey, attached and incorporated as Exhibit A to this Resolution, is approved and the Mayor is authorized to execute it.
* * * * * * *
ADOPTED this 18th day of September, 2023, by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST: APPROVED:
____________________ _______________________ Dorothy Gantt, City Clerk Abel Pineda, Mayor