CITY OF SANTA MONICA EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”), entered into this ___day of September 2025, by and between the City of Santa Monica, a California municipal corporation (“City”), and Heidi von Tongeln (“von Tongeln”), is made with reference to the following:
RECITALS
A. On or about July 22, 2025, City Attorney Douglas Sloan announced that he would be leaving his employment with the City effective August 30, 2025, with his last day of work being August 29, 2025.
B. The City then commenced recruitment for a new permanent City Attorney, which is ongoing and is not yet completed.
C. On or about August 14, 2025, Mr. Sloan appointed Ms. von Tongeln as Acting City Attorney effective August 15, 2025, with Ms. von Tongeln’s base salary for this out of class assignment to be $395,392, which is the salary for the City Attorney position at Step 5 on the current and previously approved City salary schedule.
D. The City Council wishes to appoint Ms. von Tongeln as the Interim City Attorney upon the termination of Mr. Sloan’s service as City Attorney.
E. Ms. von Tongeln currently serves as a Chief Deputy City Attorney in the Santa Monica City Attorney’s Office.
F. The City and Ms. von Tongeln wish to enter into an agreement setting forth the terms and conditions of Ms. von Tongeln’s appointment as Interim City Attorney.
NOW, THEREFORE, the City and Ms. von Tongeln agree as follows:
TERMS AND CONDITIONS
1. Salary and Employment Benefits. In accordance with the existing City salary schedule for the position of City Attorney, City agrees to pay Ms. von Tongeln an annual base salary of $395,392, which is the salary for the City Attorney position at Step 5 on the current and previously approved City salary schedule. This salary will be payable in installments in the same manner and at the same time as other City employees are paid.
Ms. von Tongeln shall be eligible to receive all other employment benefits for which she is currently eligible, in accordance with the Memorandum of Understanding between the City and the Public Attorneys Union (“PAU”) for Fiscal Years 2025-2030. Additionally, Ms. von Tongeln is entitled to roll-over all accrued and unused MOU PERS N leave and all accrued and unused holiday pay as of June 30, 2026, into Fiscal Year 2026-2027, that would otherwise be forfeited at the end of Fiscal Year 2025-2026.
2. Termination of Employment as Interim City Attorney. Ms. von Tongeln understands and agrees that the Interim City Attorney position is an at-will position of limited duration, subject to termination by the City Council at any time or upon the commencement of employment of a new City Attorney, whichever occurs first. Upon termination of her employment as Interim City Attorney, Ms. von Tongeln shall be entitled to resume her position as Chief Deputy City Attorney at the salary and benefits then in effect for that position, and with all applicable employment benefits as set forth in the Employment Agreement entered into between the City and Ms. von Tongeln dated January 15, 2025.
3. Duration of Agreement. This Agreement shall be effective as of September 9, 2025, which is the anticipated first date of employment of Ms. von Tongeln as the Interim City Attorney. This Agreement shall continue in full force and effect until modified by the City and Ms. von Tongeln in writing.
4. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and Ms. von Tongeln.
5. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
6. Venue and Jurisdiction. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
7. Electronic Signatures. Each party agrees that the transaction consisting of this Agreement may be conducted by electronic means. Each party agrees and acknowledges that it is such party’s intent, that if such party signs this Agreement using an electronic signature, it is signing, adopting, and accepting this Agreement and that signing this Agreement using an electronic signature is the legal equivalent of having placed its handwritten signature on this Agreement on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this Agreement in a usable format.
8. Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
In witness whereof, this Agreement was executed on the day and year first written above.
CITY OF SANTA MONICA,
a municipal corporation
By: ________________________ __________________________ Lana Negrete, Mayor Heidi von Tongeln
City of Santa Monica
APPROVED AS TO FORM: ATTEST:
___________________________ _____________________________ Susan Cola Nikima Newsome
Assistant City Attorney City Clerk